Employer’s liability

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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
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
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
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
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
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
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
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
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
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
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
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
Valuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of the loss of an arm or of the sense...
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9th Nov
Practice notes
What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a...
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9th Nov
Practice notes
LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public...
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Produced in partnership with Greg Ó Ceallaigh of Garden Court Chambers 12th Jan

Most recent Employer’s liability content

Precedents
Claim No. [INSERT]IN THE HIGH COURT OF JUSTICEQUEEN’S BENCH DIVISION[INSERT DISTRICT REGISTRY]Parties:-[Insert name]        Claimant- and -[Insert...
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Produced in partnership with David Robinson of Thompsons Solicitors 12th Feb
Precedents
IN THE COUNTY COURT AT [INSERT]CLAIM...
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Produced in partnership with Giles Mooney of 9 Gough Square 12th Feb
Precedents
IN THE COUNTY COURT AT [INSERT][OR] IN THE HIGH COURTCLAIM...
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Produced in partnership with Giles Mooney of 9 Gough Square 12th Feb
Precedents
IN THE COUNTY COURT AT [insert]Claim No. [insert claim number]Between[Mr A B]        Claimant-and-[C D...
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Produced in partnership with Catriona Stirling of Cloisters Chambers 12th Feb
Precedents
IN THE COUNTY COURT AT [insert]Claim No. [insert claim number][Mr A B]        Claimant-and-[C D...
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Produced in partnership with Catriona Stirling of Cloisters Chambers 12th Feb
Q&As
A building site will usually be an area to which the Construction (Design and Management) Regulations 2015, SI 2015/51 (the Construction Regulations)...
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Produced in partnership with Jamie Gamble of No5 Barristers Chambers 8th Jan
Precedents
IN THE COUNTY COURT AT [insert]Claim No: [insert claim number]Parties:MR A B        Claimant-and-C D...
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Produced in partnership with David Green of 12 King's Bench Walk 8th Jan
Q&As
The statutory provision dealing most directly with the potential risk posed by opening windows in the workplace is regulation 15(2) of the Workplace...
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Produced in partnership with Peter Edwards of Devereux Chambers 8th Jan
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...
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8th Dec
Q&As
Montreal Convention claimsPursuant to section 5 of the Carriage by Air Act 1961 (CAA 1961), there is a two-year time limit for bringing a personal...
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7th Dec

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