Occupiers' liability

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Featured PI & Clinical Negligence content

False imprisonment

LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public...

Qualified one-way costs shifting (QOCS)

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...

Pain, suffering and loss of amenity

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...

What is fundamental dishonesty?

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...

Practice notes

Psychiatric injury—secondary victims

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...

Produced in partnership with Andrew Wilson 9th Nov

Practice notes

CRU certificates—recoverable benefits and lump sum payments

Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...

9th Nov

Practice notes

Psychiatric injury—primary victims

Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...

9th Nov

Practice notes

Smith v Manchester awards

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,...

9th Nov

Practice notes

Provisional damages

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...

Produced in partnership with Andrew Wilson 9th Nov

Practice notes

Collateral benefits and double recovery

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...

9th Nov

Practice notes

Was the damage foreseeable?

The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach of duty), and•that the...

9th Nov

Practice notes

Vicarious liability in the course of employment—the close connection test

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...

Produced in partnership with Andrew Wilson 9th Nov

Practice notes

Motor insurance

Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...

9th Nov

Practice notes

Qualified one-way costs shifting (QOCS)—case tracker

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...

9th Nov

Practice notes

Claims under the Consumer Protection Act 1987

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...

9th Nov

Practice notes

Interest on general damages, special damages and judgment debt

Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...

9th Nov

Practice notes

Future loss of earnings—personal injury claims

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...

9th Nov

Practice notes

Applying for an interim payment order in personal injury claims

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...

Produced in partnership with Andrew Wilson 9th Nov

Practice notes

Drafting counter schedules of loss in PI and clinical negligence claims

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...

Produced in partnership with Louise Thomson 9th Nov

Practice notes

Fixed costs in road traffic accident claims

Pre-action protocol for low value personal injury claims in road traffic accidentsThe protocol applies to all road traffic accident (RTA)...

9th Nov

Most recent Occupiers' liability content

Practice notes

Occupiers’ liability claims—lawful visitors

BackgroundThe Occupiers’ Liability Act 1957 (OLA 1957) was enacted to provide for a ‘common duty of care’ owed by occupiers of premises. The duty was...

Produced in partnership with Andrew Wilson 27th Oct

Precedents

Defence alleging contributory negligence in occupier's liability claim

[In the High Court of JusticeORIn the COUNTY COURT AT [insert]][[Specify division]][[Specify Specialist court]][[Insert location] District...

19th Oct

Practice notes

RTA, EL/PL and Package Travel protocols—consequential amendments to Part 36 offers to settle

Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering package holiday claims. For...

1st Oct

Practice notes

Fraud in personal injury claims—remedies and consequences

Duties and responsibilities of parties and legal advisersPleadings—CPRBy CPR Part 16.5(2), where a defendant denies an allegation set out in the...

Produced in partnership with Andrew Wilson 30th Sep

Practice notes

Fixed costs in employer liability and public liability claims

Pre-action protocol for low value personal injury (employers' liability and public liability) claimsThe protocol applies to all claims where:•either...

30th Sep

Practice notes

The pre-action protocol for low value personal injury (employers' liability and public liability) claims

The Pre-action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (the EL/PL protocol) applies to claims valued...

30th Sep

Precedents

Defence of a shop in a case of a tripping accident by a customer

[In the High Court of JusticeORIn the County Court at [insert]][[Specify division]][[Specify Specialist court]][[Insert location] District...

30th Sep

Q&As

In a portal claim, if the defendant increases their offer after the Court Proceedings Pack is sent to them, but within the 35-day consideration period are the claimants able to recover the stage 3 costs?

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...

29th Sep

Q&As

Is there any case law relating to an employer's liability for failure to carry out a DBS check where a customer (or member of the public) has subsequently been injured by an employee who had a previous conviction for a similar offence?

We assume that the person injured by the employee is bringing a personal injury claim.We have been unable to find any case law on the specific point...

28th Sep

Q&As

Who is responsible for an occupier's liability claim when the accident occurred in premises subject to a lease? The tenant company had ceased trading before the accident and a new tenant company had not entered into a new lease agreement with the landlord.

This Q&A considers who may qualify as an occupier under the Occupiers’ Liability Act 1957 (OLA 1957).OLA 1957 contains no definition of an ‘occupier’....

28th Sep

Q&As

A utilities company drainage system has an external above-ground box that rests on the boundary between public (local authority) and private (landlord and tenant) property. If this box were to cause an injury due to being improperly maintained, would the claimant have a right of action against the water company, the local council, or their landlord? Of these options, how would each be pursued and what defences would the respective parties have?

Often undeservedly, ‘trippers and slippers’ have a reputation as the simplest category of personal injury cases, to be used as the training ground for...

Produced in partnership with Peter Edwards of Devereux Chambers 28th Sep

Q&As

Where can I find a Precedent particulars of claim for a claimant contracting folliculitis (or other skin condition) while a lawful visitor to a premises, using a hot tub?

We have found the following Commentaries that should assist you in drafting a claim for your particular circumstances:•Particulars of claim by...

28th Sep

Q&As

Is there any case law on whether a defendant be liable for failing to grit/salt an area? In particular what reliance can be placed on historical weather data?

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...

Produced in partnership with Jamie Gamble of No5 Barristers Chambers 28th Sep

Q&As

When giving away alcohol at a promotional event, is it possible to exclude liability for personal injury etc where this is as a result of the individual drinking too much alcohol? Or do the normal rules on excluding liability for death/PI etc not apply in such instances?

There are two components to this question: first, what is the effect of a notice excluding liability for death and personal injury; and second, what...

Produced in partnership with David Green of 12 King's Bench Walk 28th Sep

Q&As

Do you have guidance on whether the owner of a property has a duty to ensure parts of their building do not fall on people? Do you know of any case law on this, eg where roof tiles or other objects have fallen from roofs and hit members of the public walking past?

The owner of a premises owes a number of potential duties in relation to ensuring that the condition of the premises do not cause personal injury.If...

Produced in partnership with Jamie Gamble of No5 Barristers Chambers 28th Sep

Q&As

What are the obligations and duties owed to a claimant who was working on a building site when a tree was blown down and fell on him? The tree was in poor state and the other surrounding trees were cut down post accident.

A building site will usually be an area to which the Construction (Design and Management) Regulations 2015, SI 2015/51 (the Construction Regulations)...

Produced in partnership with Jamie Gamble of No5 Barristers Chambers 28th Sep

Q&As

Are there any cases like Cook v Swansea City Council where the court has considered whether the fact a car park is free or imposes a charge makes a difference to what is reasonable in the circumstances?

The issue of whether the imposition of a charge makes a difference to what is reasonable in the circumstances was addressed by the Court of Appeal in...

Produced in partnership with Peter Edwards of Devereux Chambers 28th Sep

Practice notes

Occupiers' liability—contractors, builders and landlords

Independent contractorsLiability for the negligence of independent contractorsSometimes premises will be left in a dangerous state as a result of...

27th Sep

Precedents

Claimant’s Part 36 offer made when claim no longer proceeds under RTA or EL/PL protocol

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...

26th Sep

Precedents

Defendant’s Part 36 offer made when claim no longer proceeds under RTA or EL/PL protocol

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...

26th Sep