Occupational disease

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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
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 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...
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Produced in partnership with Ian Huckstepp of IRH Solicitors 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 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
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
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
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
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 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 Louise Thomson 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...
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9th Nov
Practice notes
The claim and basis for itThis type of claim is made on behalf of a living claimant whose life expectancy has been reduced as a result of the...
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9th Nov

Most recent Occupational disease content

Practice notes
This Practice Note considers how civil liability is imposed when a person, typically (though not exclusively) an employee, suffers dermatitis due to...
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25th Nov
Precedents
Claim No. [insert claim no]IN THE COUNTY COURT AT [insert]Between1Mr X YClaimant- and -2Y Z...
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19th Nov
Precedents
IN THE COUNTY COURT AT [INSERT LOCATION]CLAIM NO. [INSERT NUMBER]BetweenX Y        Claimant- and -A B        Defendant1It is admitted that the...
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Produced in partnership with Tom Pacey of 12KBW 19th Nov
Precedents
IN THE HIGH OF JUSTICEQUEEN’S BENCH DIVISIONFATAL MESOTHELIOMA CLAIMClaim No: [insert number]Between:C (EXECUTRIX IN THE ESTATE OF [name of deceased]...
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18th Nov
Precedents
IN THE HIGH COURT OF JUSTICEQUEEN’S BENCH DIVISIONClaim No: [insert number]Between:C (EXECUTRIX IN THE ESTATE OF [name of deceased]...
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18th Nov
Precedents
IN THE HIGH COURT OF JUSTICEQUEEN’S BENCH DIVISIONLIVING ASBESTOSIS CLAIMClaim No: [insert number]Between:C        Claimant-and-(1)E LTD(2)F...
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18th 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,...
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Produced in partnership with Oliver Saunders of Bryan Cave Leighton Paisner LLP 27th Oct
Precedents
Claim No. [insert number]In the County Court at [insert location]Between[Insert claimant name]        Claimantand[Insert defendant...
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Produced in partnership with Tom Pacey of 12KBW 9th Oct
Practice notes
In order to recover damages a claimant in a personal injury claim must establish that the defendant caused or made a material contribution to the...
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30th Sep
Precedents
In the high court of justiceQueen’s bench divisionClaim No: [insert number]Between:C (Widow and executrix in the Estate of [name of deceased]...
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30th Sep
Precedents
In the high court of justiceQueen’s bench divisionFatal mesothelioma claimClaim No: [insert number]Between:A (widow and executrix in the estate of...
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30th Sep
Q&As
Parties to a claimThe general rule of law is that any person with legal personality, and capable of being identified, may sue or be sued in the...
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28th Sep
Q&As
An employer has a duty to assess the risks (short or long-term) of training that it requires an employee to undertake. Generally, an employer has a...
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Produced in partnership with Jamie Gamble of No5 Barristers Chambers 28th Sep
Q&As
In July 2012 the Department for Work and Pensions confirmed plans for the introduction of an insurer funded compensation scheme for mesothelioma...
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28th Sep
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 28th Sep
Precedents
    Your ref:Our ref:Please ask for:Date:Direct Line:Email:    Dear [insert organisation name]URGENT—LIVING MESOTHELIOMA CLAIMANTYOU MUST DEAL WITH...
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27th Sep
Precedents
FIRST CLASS POSTYour ref:Our ref:Please ask for:Date:Direct Line:Email:URGENT—LIVING MESOTHELIOMA/ASBESTOS CLAIMANTYOU MUST DEAL WITH THIS LETTER...
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27th Sep
Practice notes
This Practice Note is intended to deal with the legal principles which apply to claims of occupational cancer, but it homes in on the issue of...
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26th Sep

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