Occupiers' liability

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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 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
Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
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9th Nov
Practice notes
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,...
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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 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
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 9th Nov
Practice notes
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
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
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
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...
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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
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

Most recent Occupiers' liability content

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 27th Oct
Precedents
[In the High Court of JusticeORIn the COUNTY COURT AT [insert]][[Specify division]][[Specify Specialist court]][[Insert location] District...
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19th Oct
Practice notes
Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering package holiday claims. For...
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1st Oct
Practice notes
Duties and responsibilities of parties and legal advisersPleadings—CPRBy CPR Part 16.5(2), where a defendant denies an allegation set out in the...
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Produced in partnership with Andrew Wilson 30th Sep
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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30th Sep
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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30th Sep
Precedents
[In the High Court of JusticeORIn the County Court at [insert]][[Specify division]][[Specify Specialist court]][[Insert location] District...
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30th Sep
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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29th Sep
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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28th Sep
Q&As
We have found the following Commentaries that should assist you in drafting a claim for your particular circumstances:•Particulars of claim by...
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28th Sep
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 28th Sep
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 28th Sep
Q&As
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...
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Produced in partnership with Jamie Gamble of No5 Barristers Chambers 28th Sep
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 28th Sep
Q&As
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...
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Produced in partnership with Peter Edwards of Devereux Chambers 28th Sep
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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27th Sep
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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26th Sep
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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26th Sep

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