Occupiers' liability

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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
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
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
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
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
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
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
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 12th Jan
Practice notes
Pre-action protocol for low value personal injury claims in road traffic accidentsThe protocol applies to all road traffic accident (RTA)...
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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 Occupiers' liability content

Practice notes
This Practice Note provides an overview of the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims...
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Produced in partnership with Sue Brown 15th Apr
Practice notes
The following defences may be advanced by an occupier.Contributory negligenceThe Law Reform (Contributory Negligence) Act 1945 has application in...
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Produced in partnership with Andrew Wilson 9th Apr
Practice notes
BackgroundThe Occupiers’ Liability Act 1957 (OLA 1957) had been enacted to provide for a common duty of care owed by occupiers of premises. The duty...
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Produced in partnership with Andrew Wilson 9th Apr
Practice notes
Independent contractorsLiability for the negligence of independent contractorsSometimes premises will be left in a dangerous state as a result of...
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Produced in partnership with Andrew Wilson 9th Apr
Practice notes
Duties and responsibilities of parties and legal advisersPleadings—CPRBy CPR 16.5(2), where a defendant denies an allegation set out in the...
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Produced in partnership with Andrew Wilson 6th Apr
Q&As
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...
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25th Mar
Practice notes
This Practice Note only contains provisions effective from 6 April 2015 onwards for claims which have followed the RTA or EL/PL Protocol and from 7...
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25th Mar
Q&As
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...
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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 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
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
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...
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Produced in partnership with Andrew Wilson 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
Q&As
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...
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Produced in partnership with David Green of 12 King's Bench Walk 15th 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
Precedents
[In the High Court of JusticeORIn the COUNTY COURT AT [insert]][[Specify division]][[Specify Specialist court]][[Insert location] District...
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14th Feb

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