Employer’s liability

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Practice notes
What is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...
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9th Nov
Practice notes
Background and frameworkPurpose of a provisional damages awardWhen the court makes a once and for all lump sum award, it is designed to cover both...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
General principlesAs a general rule, a claimant must give credit for any financial gains they make that they have received as a result of their...
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9th Nov
Practice notes
The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach of duty), and•that the...
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9th Nov
Practice notes
NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
This case tracker considers case law in relation to qualified one-way costs shifting (QOCS) in order to provide some guidance on how the courts are...
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9th Nov
Practice notes
IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...
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Produced in partnership with Ian Huckstepp of IRH Solicitors 12th Jan
Practice notes
DefinitionsFraudDefined in Derry v Peek as where it is shown that:'a false representation has been made (1) knowingly, or (2) without belief in its...
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Produced in partnership with Andrew Wilson 12th Jan
Precedents
Brexit: The UK’s departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
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,...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
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...
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Produced in partnership with Andrew Wilson 12th Jan

Most recent Employer’s liability content

Practice notes
Introduction to the Insurance Act 2015The Insurance Act 2015 (IA 2015) received Royal Assent on 12 February 2015 and, apart from Part 6 of the Act,...
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Produced in partnership with Oliver Saunders of Bryan Cave Leighton Paisner LLP 15th Apr
Practice notes
This Practice Note provides an overview of the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims...
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Produced in partnership with Sue Brown 15th Apr
Practice notes
Note: for access to revoked regulations referred to in this Practice Note, subscribers of Lexis®Library can request historical versions here.Post 1...
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12th Apr
Practice notes
Post 1 October 2013On 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) came into force. For workplace accidents...
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9th Apr
Practice notes
Post 1 October 2013On 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) came into force. For workplace accidents...
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9th Apr
Practice notes
Post 1 October 2013On 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) rewrote section 47 of the Health and...
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9th Apr
Practice notes
Post 1 October 2013On 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) came into force. For workplace accidents...
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9th Apr
Practice notes
Duties and responsibilities of parties and legal advisersPleadings—CPRBy CPR 16.5(2), where a defendant denies an allegation set out in the...
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Produced in partnership with Andrew Wilson 6th Apr
Q&As
Employers duty of careAn employer is under an overriding duty to take reasonable care of its employees' health and safety. The common law duty is a...
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25th Mar
Q&As
An employer is generally only liable for its employees, and not for the actions of an independent contractor.However, this general rule is qualified...
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Produced in partnership with David Green of 12 King's Bench Walk 25th Mar
Practice notes
This Practice Note only contains provisions effective from 6 April 2015 onwards for claims which have followed the RTA or EL/PL Protocol and from 7...
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25th Mar
Q&As
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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Produced in partnership with Andrew Wilson 18th Mar
Practice notes
This Practice Note sets out with a very brief summary the key health and safety regulations that currently apply in England and Wales. These...
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18th Mar
Q&As
A second claim notification form (CNF) should not be submitted.The pre-action protocols for low value personal injury claimsMost personal injury...
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Produced in partnership with David Peter of Devereux Chambers 18th Mar
Q&As
We assume that the claim occurred post-April 2013.In Practice Note: The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic...
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18th Mar
Q&As
What happens when a claimant dies?Where a party to a claim dies but the cause of action survives, the claim does not abate by reason of the death. See...
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18th Mar
Q&As
We have assumed for the purposes of this Q&A that the claimant has not issued a claim form to the court in accordance with CPR Part 8 and CPR PD 8B...
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18th Mar
Q&As
For the purposes of this Q&A, it is assumed that the Portal referred to is the Pre-Action Protocol for Low Value Personal Injury Claims in Road...
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Produced in partnership with Daniel Laking of 39 Essex Chambers 18th Mar

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