Public authorities and the state

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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
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 Nov
Practice notes
Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...
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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 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
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
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
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 Public authorities and the state content

Practice notes
What is a public authority?A public authority is some manifestation of the state that exercises a public function.The distinction between a private...
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26th Nov
Practice notes
There are a number of circumstances in which the common law offers no remedy but a claim under the Human Rights Act 1998 (HRA 1998) may still be...
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25th Nov
Practice notes
IntroductionA claimant may be able to pursue a claim under the Human Rights Act 1998 (HRA 1998) against a public authority for a breach of their...
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6th Nov
Precedents
IN THE HIGH COURT OF JUSTICEQUEEN’S BENCH DIVISIONParties[THE CLAIMANT]by his litigation friend [LITIGATION FRIEND]        Claimant-and-[THE...
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30th Sep
Precedents
[In the High Court of JusticeORIn the County Court at [insert]]Claim No: [insert claim number][Division]Claim issued on [day of month...
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30th Sep
Precedents
[In the High Court of JusticeORIn the County Court at [insert]]Claim No: [insert claim number][Division]Claim issued on [day of month...
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30th Sep
Q&As
In the case of Razumas v Ministry of Justice the claimant brought a clinical negligence claim against the Ministry of Justice (MoJ) because while he...
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28th Sep
Q&As
Consideration will need to be given to both the Civil Procedure Rules 1998 and the Crown Prosecution Service (CPS) guidance on disclosure of...
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28th Sep
Q&As
Technically, police officers are not employees, but office-holders. However, under section 88 of the Police Act 1996 (PA 1996), the Chief Constable of...
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28th Sep
Q&As
This Q&A considers the circumstances in which a public authority can be held accountable for an omission. In particular, it considers a scenario where...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 28th Sep
Q&As
Claims under the Law Reform (Miscellaneous Provisions) Act 1934 and the Fatal Accidents Act 1976When the victim of a personal injury action has died...
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28th Sep
Q&As
Definition of a public liability claimThe Pre-action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims (the...
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28th Sep
Q&As
The duty of a public authority to respond to a statutory inquiryStatutory inquiries are convened under the Inquiries Act 2005 (IA 2005). See Practice...
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Produced in partnership with Tim Earl, Solicitor to the Council and Head of Legal Services of Suffolk County Council 28th Sep
Q&As
In civil proceedings against the Crown as defined in CPR 66.1(2), the claim form must contain the names of the government departments and officers of...
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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 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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26th Sep
Practice notes
When will a public authority owe a duty of care?The Supreme Court considered the duty of care owed by public authorities in the cases of Michael and...
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26th Sep
Practice notes
IntroductionThe police force is a pure public authority (ie performs only public functions). Therefore, claims can be brought against it under the...
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25th Sep
Practice notes
Practitioners should note that in relation to claims against employers, on 1 October 2013, s 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA...
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25th Sep

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