Personal injury—other claims

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Practice notes
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...
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9th Nov
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
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 12th Jan
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
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
IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...
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Produced in partnership with Andrew Wilson 12th Jan
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
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
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
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 12th Jan

Most recent Personal injury—other claims content

Practice notes
BackgroundIt is helpful to put the law relating to military claims into historical context.Until 1987, section 10 of the Crown Proceedings Act 1947...
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15th Apr
Practice notes
NOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced that the discount rate would change...
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Produced in partnership with Mike Hill of Trinity Chambers 9th Apr
Practice notes
The courts, when dealing with claims arising from participation in sport, recognise to a certain extent the acceptance by participants of some degree...
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9th Apr
Practice notes
The Oxford English dictionary defines a tattoo as follows: ‘to mark (a part of the body) with an indelible design by inserting pigment into punctures...
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Produced in partnership with Jacqueline Swain of St John's Buildings 9th Apr
Practice notes
Dental notesA common difficulty for lawyers dealing with dental negligence claims is the nomenclature in the notes. The format of notes has changed...
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Produced in partnership with Mike Hill of Trinity Chambers 9th Apr
Practice notes
DefinitionGuidance for doctors who offer cosmetic interventions, published by the General Medical Council (GMC) in 2016 describes cosmetic...
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Produced in partnership with Catriona Stirling of Cloisters 9th Apr
Practice notes
A landlord's liability to a tenant for the state and condition of premises is generally determined by the terms of the tenancy. However, under the...
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8th Apr
Practice notes
Limitation issuesClaims for abuse are often presented many years after the events giving rise to them.It is usual practice in cases involving...
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31st Mar
Q&As
The applicable pre-action protocol will depend upon the nature of the case against the beautician to be pursued. If the claimant is an employee of the...
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Produced in partnership with Jamie Gamble of No5 Barristers Chambers 4th Mar
Practice notes
Originally produced in partnership with Arti Shah. Updated in partnership with Andrew WilsonLaser hair removal is the process of removing unwanted...
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4th Mar
Practice notes
This Practice Note builds on the general principles of cosmetic surgery claims and focuses on breast enlargement, reduction or augmentation claims. As...
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Produced in partnership with Catriona Stirling of Cloisters 4th Mar
Precedents
IN THE COUNTY COURT AT [insert]Claim No: [insert claim number]Parties:A B        Claimant-and-C D ADVENTURE ACTIVITIES...
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Produced in partnership with David Green of 12 King's Bench Walk 3rd Mar
Precedents
Brexit: The UK's departure from the EU has implications for practitioners considering claims against the Ministry of Defence for a non-freezing cold...
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Produced in partnership with David Robinson of Thompsons solicitors 12th 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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20th Jan
Q&As
When considering the question of capacity to conduct litigation, it must be ascertained whether or not the individual in question is capable of...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 8th Jan
Q&As
Regular and reserve service personnel (or as the case may be, their family) who have suffered injury, ill health or death caused by service on or...
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7th Dec

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