Occupiers' liability

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Practice notes
Smith v Manchester awardsThe nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability...
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19th May
Practice notes
What is fundamental dishonesty?This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and...
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19th May
Practice notes
The employer’s duty of careOverriding dutiesAt common law, an employer is under a duty to take reasonable care of the health and safety of its...
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19th May
Practice notes
CRU certificates—recoverable benefits and lump sum paymentsSeparate legislation covers the recovery of NHS charges. For guidance on requesting and...
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19th May
Practice notes
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...
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19th May
Practice notes
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...
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Produced in partnership with Andrew Ritchie QC of 9 Gough Chambers 19th May
Practice notes
Vicarious liability in the course of employment—the close connection testTo identify the circumstances in which a court may find an employer to be...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
Product liability—claims in negligenceThe duty of careThe general principles of negligence apply, namely that the claimant has to establish that the...
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19th May
Practice notes
Bringing a claim against a public authority in negligence—basis of dutyWhen will a public authority owe a duty of care?The Supreme Court considered...
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19th May
Practice notes
Untraced drivers and the role of the MIB—for accidents occurring on or after 1 March 2017NOTE: For accidents after 1 March 2017 the Motor Insurers'...
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19th May
Practice notes
Fee remissionsIntroductionCourt and tribunal fees are, for many, prohibitively high. For those in the most straitened circumstances, fee remissions,...
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Produced in partnership with David Willink of Lamb Chambers 19th May
Practice notes
Drafting counter schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount...
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Produced in partnership with Louise Thomson 19th May
Practice notes
Contributory negligence in road traffic accidentsIn some instances someone may suffer damage that results partly from their own fault and partly from...
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19th May
Practice notes
Misfeasance in public officeThe tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only...
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19th May

Most recent Occupiers' liability content

Q&As
Is there any case law regarding claimants tripping over debris in a private car park where an apportionment for contributory negligence was...
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Produced in partnership with Jamie Gamble of No5 Barristers Chambers 31st Jul
Practice notes
Unauthorised visitors—the duty of careBackgroundThe Occupiers’ Liability Act 1957 (OLA 1957) had been enacted to provide for a common duty of care...
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Produced in partnership with Andrew Wilson 31st Jul
Practice notes
Occupiers’ liability claims—lawful visitorsBackgroundThe Occupiers’ Liability Act 1957 (OLA 1957) was enacted to provide for a ‘common duty of care’...
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Produced in partnership with Andrew Wilson 31st Jul
Practice notes
Occupiers' liability—contractors, builders and landlordsIndependent contractorsLiability for the negligence of independent contractorsSometimes...
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Produced in partnership with Andrew Wilson 31st Jul
Practice notes
Fraud in personal injury claims—remedies and consequencesDuties and responsibilities of parties and legal advisersPleadings—CPRBy CPR 16.5(2), where a...
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Produced in partnership with Andrew Wilson 31st Jul
Practice notes
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...
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Produced in partnership with Sue Brown 31st Jul
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...
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Produced in partnership with Jamie Gamble of No5 Barristers Chambers 31st Jul
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...
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31st Jul
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...
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Produced in partnership with Jamie Gamble of No5 Barristers Chambers 31st Jul
Q&As
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...
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31st Jul
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...
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31st Jul
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...
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Produced in partnership with Peter Edwards of Devereux Chambers 31st Jul
Practice notes
Fixed costs in employer liability and public liability claimsFixed costs under the Pre-Action Protocol for Low Value Personal Injury (Employers’...
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31st Jul
Practice notes
Premises and lawful visitors in occupier’s liability claimsWhat are ‘premises’?Although the Occupiers' Liability Act 1957 (OLA 1957) governs the...
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Produced in partnership with Andrew Wilson 31st Jul
Practice notes
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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31st Jul

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