Employer’s liability

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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
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...
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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...
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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
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
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
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...
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Produced in partnership with Andrew Wilson 12th Jan
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
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
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 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...
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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...
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9th Nov
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
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
This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and Courts Act 2015 (CJCA 2015) and the...
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9th Nov
Practice notes
Common issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For guidance on future loss...
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9th Nov

Most recent Employer’s liability content

Precedents
Dear [Insert]Re: [Insert name of client/claimant]The Court have now timetabled the case in which you are involved as [Insert details eg liability...
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Produced in partnership with Marcus Weatherby of Pattinson Brewer 18th Mar
Precedents
Dear [Insert]Re: [Insert name of client]Thank you for agreeing to report on this case.Your role in the litigation: We have assumed that your report...
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Produced in partnership with Marcus Weatherby of Pattinson Brewer 18th Mar
Precedents
Dear [Insert]Re: [Name of Client/Name of Claimant]You will be aware from the Court timetable that we provided you with that you are required by the...
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Produced in partnership with Marcus Weatherby of Pattinson Brewer 18th Mar
Precedents
Dear [insert organisation name]This offer is made pursuant to Part 36 CPRWe are instructed to put forward an offer which is made pursuant to Part 36...
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18th Mar
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...
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Produced in partnership with Marcus Weatherby of Pattinson Brewer 18th Mar
Precedents
Dear [insert organisation name]This offer is made pursuant to Part 36 CPRWe are instructed to put forward an offer which is made pursuant to Part 36...
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18th Mar
Q&As
We direct you to Employer's liability—overview and in particular, the following Practice Notes:•The employer's duty of care•Section 69 of the...
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3rd Mar
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...
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3rd Mar
Practice notes
This Practice Note aims to provide an overview of the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability)...
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Produced in partnership with Sue Brown 3rd Mar
Practice notes
Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) ClaimsThe protocol applies to all claims where:•either...
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3rd Mar
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...
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2nd Mar
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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26th Feb
Practice notes
IntroductionThis Practice Note is provided specifically to set out the fundamental change to workplace accident claims brought about by the enactment...
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26th Feb
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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26th Feb
Practice notes
Section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013), amending section 47 of the Health and Safety at Work Act 1974, introduced a...
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26th Feb
Q&As
Defendants can be liable for failing to grit or salt an area, if the presence of snow and ice subsequently leads to personal injury. The nature of the...
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Produced in partnership with Jamie Gamble of No5 Barristers Chambers 15th Feb
Q&As
The Provision and Use of Work Equipment Regulations 1998 (PUWER 1998), SI 1998/2306 apply to work equipment used by an employee when working at home....
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Produced in partnership with Peter Edwards of Devereux Chambers 15th Feb
Q&As
It has not been indicated in the above facts the jurisdiction in which the personal injury was suffered. Matters will be relatively straightforward if...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 15th Feb
Precedents
Claim No. [insert claim no]IN THE COUNTY COURT AT [insert]Between1Mr X YClaimant- and -2Y Z...
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14th Feb

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