Employer’s liability

View PI & Clinical Negligence by content type:

Featured PI & Clinical Negligence content

Practice notes
Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...
Read More >
9th Nov
Practice notes
Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
Read More >
9th Nov
Practice notes
The nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability resulting from an injury,...
Read More >
9th Nov
Practice notes
The Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits within which claimants are entitled to bring claims of various...
Read More >
9th Nov
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...
Read More >
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...
Read More >
Produced in partnership with Andrew Wilson 9th Nov
Practice notes
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...
Read More >
Produced in partnership with Andrew Wilson 9th Nov
Practice notes
Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
Read More >
9th Nov
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...
Read More >
9th Nov
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...
Read More >
Produced in partnership with Ian Huckstepp of IRH Solicitors 9th Nov
Practice notes
The tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only available against public...
Read More >
9th Nov
Practice notes
Nature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial employment. This award relates...
Read More >
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,...
Read More >
Produced in partnership with Andrew Wilson 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...
Read More >
Produced in partnership with Louise Thomson 9th Nov
Practice notes
Pre-action protocol for low value personal injury claims in road traffic accidentsThe protocol applies to all road traffic accident (RTA)...
Read More >
9th Nov
Practice notes
The Limitation Act 1980 is referred to as LA 1980.The power to disapply the primary limitation periodWhen dealing with personal injury claims that...
Read More >
9th Nov

Most recent Employer’s liability content

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...
Read More >
27th Nov
Precedents
IN THE COUNTY COURT AT [INSERT][OR] IN THE HIGH COURTCLAIM...
Read More >
Produced in partnership with Giles Mooney of 9 Gough Square 26th Nov
Precedents
IN THE COUNTY COURT AT [insert]Claim No. [insert claim number]Between[Mr A B]        Claimant-and-[C D...
Read More >
Produced in partnership with Catriona Stirling of Cloisters Chambers 25th Nov
Practice notes
IntroductionThis Practice Note is provided specifically to set out the fundamental change to workplace accident claims brought about by the enactment...
Read More >
25th Nov
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...
Read More >
25th Nov
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...
Read More >
25th Nov
Precedents
Claim No. [insert claim no]IN THE COUNTY COURT AT [insert]Between1Mr X YClaimant- and -2Y Z...
Read More >
19th Nov
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,...
Read More >
Produced in partnership with Oliver Saunders of Bryan Cave Leighton Paisner LLP 27th Oct
Practice notes
Overriding dutiesAt common law, an employer is under a duty to take reasonable care of the health and safety of its employees in all the circumstances...
Read More >
26th Oct
Precedents
IN THE COUNTY COURT AT [insert]Claim No. [insert claim number][Mr A B]        Claimant-and-[C D...
Read More >
Produced in partnership with Catriona Stirling of Cloisters Chambers 19th Oct
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...
Read More >
9th Oct
Precedents
Claim No. [INSERT]IN THE HIGH COURT OF JUSTICEQUEEN’S BENCH DIVISION[INSERT DISTRICT REGISTRY]Parties:-[Insert name]        Claimant- and -[Insert...
Read More >
Produced in partnership with David Robinson of Thompsons Solicitors 8th Oct
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...
Read More >
8th Oct
Q&As
In general, an employer has both a common law and statutory duty to ensure the safety of their employees. See: Employer’s liability—overview and...
Read More >
1st Oct
Practice notes
Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering package holiday claims. For...
Read More >
1st Oct
Precedents
Dear [insert expert’s name]Re: [insert name of client and the client’s date of birth, address and telephone number]Date of accident: [insert date of...
Read More >
Produced in partnership with Marcus Weatherby 30th Sep
Practice notes
Duties and responsibilities of parties and legal advisersPleadings—CPRBy CPR Part 16.5(2), where a defendant denies an allegation set out in the...
Read More >
Produced in partnership with Andrew Wilson 30th Sep
Practice notes
Pre-action protocol for low value personal injury (employers' liability and public liability) claimsThe protocol applies to all claims where:•either...
Read More >
30th Sep
Practice notes
The Pre-action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (the EL/PL protocol) applies to claims valued...
Read More >
30th Sep
Precedents
IN THE COUNTY COURT AT [insert]Claim No: [insert claim number]Parties:MR A B        Claimant-and-C D...
Read More >
Produced in partnership with David Green of 12 King's Bench Walk 30th Sep

Popular documents