Employer’s liability

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Practice notes
Was the damage foreseeable?The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach...
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19th May
Practice notes
Smith v Manchester awardsThe nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability...
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19th May
Practice notes
The employer’s duty of careOverriding dutiesAt common law, an employer is under a duty to take reasonable care of the health and safety of its...
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19th May
Practice notes
Future loss of earnings—personal injury claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor...
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19th May
Practice notes
Duty of care and breach in clinical negligence claimsThe duty of careA medical practitioner owes a duty of care to their patient. This duty is to take...
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Produced in partnership with Andrew Ritchie QC of 9 Gough Chambers 19th May
Practice notes
Interest on general damages, special damages and judgment debtInterest on general damagesEntitlementA claimant is entitled to simple interest at a...
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19th May
Practice notes
Bringing a claim against a public authority in negligence—basis of dutyWhen will a public authority owe a duty of care?The Supreme Court considered...
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19th May
Practice notes
The court’s power to extend the time limit—section 33 of the Limitation Act 1980The Limitation Act 1980 is referred to as LA 1980.The power to...
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19th May
Practice notes
Drafting schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the...
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Produced in partnership with Louise Thomson 19th May
Practice notes
Uninsured drivers and the role of the MIB—for accidents occurring on or after 1 August 2015NOTE: This Practice Note deals with the MIB Uninsured...
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19th May
Practice notes
Quantifying damages for the estate under the Law Reform ActWhat can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act...
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19th May
Precedents
[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT LOCATION] DISTRICT REGISTRY]Claim No:Between[Insert...
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19th May
Practice notes
Damages in clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...
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Produced in partnership with Renée Wood 19th May
Q&As
What costs are payable on a matter which is in the MOJ portal but settles for less than £1,000? At the time that the matter was entered in the portal...
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19th May
Practice notes
Loss of congenial employmentNature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial...
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19th May

Most recent Employer’s liability content

Practice notes
Insurance Act 2015 (IA 2015)—essentialsIntroduction to the Insurance Act 2015The Insurance Act 2015 (IA 2015) received Royal Assent on 12 February...
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Produced in partnership with Oliver Saunders of Bryan Cave Leighton Paisner LLP 1st Aug
Practice notes
Section 69 of the Enterprise and Regulatory Reform Act 2013—case trackerSection 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013),...
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31st Jul
Q&As
If a crew member is injured while flying, what jurisdiction should the claim be brought in?It has not been indicated in the above facts the...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 31st Jul
Q&As
Where a claim begins in the portal and the claimant subsequently dies and personal representatives are appointed does the claim stay in the portal? Do...
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31st Jul
Q&As
Is there any caselaw or guidance on an employer’s duty to prevent people opening windows and potentially being exposed to danger (for example, if...
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Produced in partnership with Peter Edwards of Devereux Chambers 31st Jul
Practice notes
Accidents caused by a failure to manage the workplacePost 1 October 2013On 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013...
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31st Jul
Practice notes
Accidents caused by working at heightPost 1 October 2013On 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013)...
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31st Jul
Practice notes
Accidents caused by the workplace environmentPost 1 October 2013On 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA...
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31st Jul
Practice notes
Accidents caused by the provision of personal protective equipmentPost 1 October 2013On 1 October 2013, section 69 of the Enterprise and Regulatory...
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31st Jul
Practice notes
Accidents caused by manual handlingPost 1 October 2013On 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) came...
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31st Jul
Practice notes
The employer’s duty of careOverriding dutiesAt common law, an employer is under a duty to take reasonable care of the health and safety of its...
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31st Jul
Practice notes
Fraud in personal injury claims—remedies and consequencesDuties and responsibilities of parties and legal advisersPleadings—CPRBy CPR 16.5(2), where a...
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Produced in partnership with Andrew Wilson 31st Jul
Practice notes
EL/PL claims in the portal—a practical guide (Stage 1)This Practice Note provides an overview of the Pre-Action Protocol for Low Value Personal Injury...
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Produced in partnership with Sue Brown 31st Jul
Q&As
What are the obligations and duties owed to a claimant who was working on a building site when a tree was blown down and fell on him? The tree was in...
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Produced in partnership with Jamie Gamble of No5 Barristers Chambers 31st Jul
Q&As
Does the Montreal Convention's two-year limitation period for personal injuries occurring during a flight apply to cabin crew members or does the...
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31st Jul
Q&As
If you have not responded to a head of loss claimed within the Portal, are you deemed to have admitted that head of loss?For the purposes of this Q&A,...
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Produced in partnership with Daniel Laking of 39 Essex Chambers 31st Jul
Q&As
What liability would an employer (term is used in the consultant appointment) have for personal injury to a consultant who was injured while carrying...
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31st Jul
Q&As
Is there any case law on whether a defendant be liable for failing to grit/salt an area? In particular what reliance can be placed on historical...
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Produced in partnership with Jamie Gamble of No5 Barristers Chambers 31st Jul

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