Psychiatric and occupational stress

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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 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
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 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
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
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
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 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 Psychiatric and occupational stress content

Practice notes
A secondary victim is someone who has suffered psychiatric injury not by being directly involved in the incident but by witnessing it. The law...
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9th Apr
Practice notes
See also Practice Note: Occupational stress—establishing liability‘Traditional’ occupational stress claimsThese are cases where the claimant has...
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9th Apr
Practice notes
Pre-existing legal relationshipsSometimes psychiatric injury will occur in circumstances where there is a pre-existing legal relationship between the...
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9th Apr
Practice notes
Many claims for psychiatric injury arise from a single event or series of events. In contrast, occupational stress claims normally arise from events...
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9th Apr
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 Apr
Practice notes
The general rule—no compensation for mental distress without recognised psychiatric illnessIt is common for accident victims to suffer considerable...
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9th Apr
Practice notes
Classifying the victimLiability for psychiatric injury is dependent in part on the nature of the injuries suffered and the manner in which they were...
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9th Apr
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 Apr
Q&As
RTA ProtocolThe Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (RTA Protocol) applies to claims where the claimant...
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18th Mar
Precedents
Dear [Insert]Re: [Insert name of client/claimant]The Court have now timetabled the case in which you are involved as [Insert details eg liability...
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Produced in partnership with Marcus Weatherby of Pattinson Brewer 18th Mar
Precedents
Dear [Insert]Re: [Insert name of client]Thank you for agreeing to report on this case.Your role in the litigation: We have assumed that your report...
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Produced in partnership with Marcus Weatherby of Pattinson Brewer 18th Mar
Precedents
Dear [Insert]Re: [Name of Client/Name of Claimant]You will be aware from the Court timetable that we provided you with that you are required by the...
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Produced in partnership with Marcus Weatherby of Pattinson Brewer 18th Mar
Precedents
Dear [insert expert’s name]Re: [insert name of client and the client’s date of birth, address and telephone number]Date of accident: [insert date of...
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Produced in partnership with Marcus Weatherby of Pattinson Brewer 18th Mar
Q&As
Secondary victimsA secondary victim is one who suffers psychiatric injury not by being directly involved in the incident but by witnessing it and...
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15th Feb
Precedents
IN THE COUNTY COURT AT [insert]Claim No. [insert claim number]Between[Mr A B]        Claimant-and-[C D...
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Produced in partnership with Catriona Stirling of Cloisters Chambers 12th Feb
Precedents
IN THE COUNTY COURT AT [insert]Claim No. [insert claim number][Mr A B]        Claimant-and-[C D...
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Produced in partnership with Catriona Stirling of Cloisters Chambers 12th Feb
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

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