To identify the circumstances in which a court may find an employer to be vicariously liable for a tort committed by an employee it is useful to trace...
IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...
Brexit: As of exit day (11 pm on 31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the...
Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...
NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25% from the previous level of minus 0.75%. The new...
Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For offers made prior to this,...
Timing and procedureA claimant can apply for an interim payment order after the end of the period for filing an acknowledgment of service.See Practice...
There have been a number of developments in the law relating to noise exposure in the workplace since 1963 when it was first officially recognised as...
The primary resource used by medicolegal experts and the courts in the diagnosis of noise-induced hearing loss (NIHL) is the document by R. E. Coles,...
In the majority of noise-induced hearing loss (NIHL) claims the noise exposure that caused the hearing damage occurred many years ago. The workplaces...
Client’s instructionsAs with any personal injury claim the client’s instructions will be crucial. If they have remained resident in the area where the...
Basic pointers on audiogramsThe ability to read and interpret audiograms is essential when dealing with noise-induced hearing loss (NIHL) claims. If...
Limitation in noise-induced hearing loss claimsTinnitus can cause some confusion in considering limitation. For further guidance, see Practice Note:...
The date of the accident is potentially determinative of whether the Third Parties (Rights Against Insurers) Act 1930 (TP(RAI)A 1930) or the new Third...
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