Personal injury—other claims

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Featured PI & Clinical Negligence content

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 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
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 9th Nov
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 9th Nov
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
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 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
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 Personal injury—other claims content

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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29th Nov
Precedents
Claim No: [insert]IN THE HIGH COURT OF JUSTICEQUEEN’S BENCH DIVISIONBETWEENAB        ClaimantandTHE MINISTRY OF...
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Produced in partnership with David Robinson of Thompsons solicitors 25th Nov
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 16th 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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9th Oct
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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1st Oct
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 30th Sep
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 28th Sep
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 28th Sep
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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28th Sep
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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26th Sep
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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26th Sep
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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26th Sep
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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25th Sep
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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25th Sep
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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25th Sep
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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25th Sep

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