Article 75 is an agreement between the Motor Insurers’ Bureau (the MIB) and its members under which the motor insurer will accept liability in certain...
Future loss of earnings—personal injury claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor...
Duty of care and breach in clinical negligence claimsThe duty of careA medical practitioner owes a duty of care to their patient. This duty is to take...
Product liability—claims in negligenceThe duty of careThe general principles of negligence apply, namely that the claimant has to establish that the...
Fee remissionsIntroductionCourt and tribunal fees are, for many, prohibitively high. For those in the most straitened circumstances, fee remissions,...
We act for the defendant in a claim. The defendant defended the claim and brought a counterclaim against the claimant. The case proceeded to trial and...
Contributory negligence in road traffic accidentsIn some instances someone may suffer damage that results partly from their own fault and partly from...
Misfeasance in public officeThe tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only...
Occupiers’ liability claims—lawful visitorsBackgroundThe Occupiers’ Liability Act 1957 (OLA 1957) was enacted to provide for a ‘common duty of care’...
Fraud in personal injury claims—remedies and consequencesDuties and responsibilities of parties and legal advisersPleadings—CPRBy CPR 16.5(2), where a...
EL/PL claims in the portal—a practical guide (Stage 1)This Practice Note provides an overview of the Pre-Action Protocol for Low Value Personal Injury...
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...
A utilities company drainage system has an external above-ground box that rests on the boundary between public (local authority) and private (landlord...
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...
Is there any guidance or case law in relation to whether a defendant pub has any obligation to light up an area so a disabled access ramp is seen to...
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...
The Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) ClaimsThe Pre-Action Protocol for Low Value Personal...
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