Public authorities and the state

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Practice notes
Credit hire—an introductionReplacement vehicles and hire generallyWhere a driver’s vehicle has suffered damage in an accident sufficient for it to...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
Did the claimant consent to the risk of injury?The essence of a defence of volenti non fit injuria (‘to a willing person, no injury is done’) is that...
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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
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
Interest on general damages, special damages and judgment debtInterest on general damagesEntitlementA claimant is entitled to simple interest at a...
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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
Liability under the Animals Act 1971—all other animalsAll animals except those that belong to a dangerous species (all non-dangerous animals) are...
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19th May
Practice notes
The court’s power to extend the time limit—section 33 of the Limitation Act 1980The Limitation Act 1980 is referred to as LA 1980.The power to...
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19th May
Practice notes
Uninsured drivers and the role of the MIB—for accidents occurring on or after 1 August 2015NOTE: This Practice Note deals with the MIB Uninsured...
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19th May
Practice notes
Low Velocity Impact RTAs—in detailIntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
Military claimsBackgroundIt is helpful to put the law relating to military claims into historical context.Until 1987, section 10 of the Crown...
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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
Fixed costs in road traffic accident claimsPre-Action Protocol for Low Value Personal Injury Claims in Road Traffic AccidentsThe protocol applies to...
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19th May

Most recent Public authorities and the state content

Q&As
What duties are imposed on a public authority by a statutory inquiry convened under the Inquiry Act 2005?The duty of a public authority to respond to...
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Produced in partnership with Tim Earl, Solicitor to the Council and Head of Legal Services of Suffolk County Council 31st Jul
Q&As
What is the statutory basis that allows disclosure of information from the police regarding a police investigation to the solicitors of a claimant in...
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31st Jul
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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31st Jul
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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31st Jul
Q&As
Can you direct me to any guidance or case law on whether the Ministry of Justice (MoJ) and individual prisons are likely to be liable for the standard...
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31st Jul
Practice notes
Liability of public authoritiesWhat is a public authority?A public authority is some manifestation of the state that exercises a public function.The...
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31st Jul
Practice notes
Claims against the policeIntroductionThe police force is a pure public authority (ie performs only public functions). Therefore, claims can be brought...
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31st Jul
Practice notes
Personal injury claims under the Human Rights Act 1998STOP PRESS: This Practice Note is in the process of being updated with the Overseas Operations...
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31st Jul
Practice notes
The Human Rights Act 1998 in practice—personal injury claims under Article 8 of the ECHRThere are a number of circumstances in which the common law...
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31st Jul
Practice notes
The Human Rights Act 1998 in practice—personal injury claims under Articles 2 and 3 of the ECHRThere are a number of circumstances in which the common...
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31st Jul
Q&As
Should HM Prison Service or the Ministry of Justice be named as the defendant on a claim form?In civil proceedings against the Crown as defined in CPR...
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31st Jul
Q&As
Does the Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims apply to claims of unlawful...
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31st Jul
Q&As
Should claims against the police be submitted through the claims portal?Technically, police officers are not employees, but office-holders. However,...
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31st Jul
Q&As
What level of general damages can be awarded following a suicide where the claimant took her own life while on a mental health ward and the health...
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31st Jul
Practice notes
Bringing a claim—breach of statutory dutyA personal injury claim based on a breach of a statutory duty may be possible against any entity that is...
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31st Jul
Practice notes
Bringing a claim—private law claim for breach of statutory dutyWhat is a private law claim for breach of statutory duty?A private law claim for breach...
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Produced in partnership with Catriona Stirling of Cloisters 31st Jul
Practice notes
Military claimsSTOP PRESS: This Practice Note is in the process of being updated with the Overseas Operations (Service Personnel and Veterans) Act...
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31st Jul
Practice notes
False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made...
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Produced in partnership with Greg O'Ceallaigh of Garden Court Chambers 31st Jul

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