Public authorities and the state

View PI & Clinical Negligence by content type:

Latest PI & Clinical Negligence News

Featured PI & Clinical Negligence content

Practice notes
Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...
Read More >
9th Nov
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
9th Nov
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
Produced in partnership with Louise Thomson 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)...
Read More >
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...
Read More >
9th Nov

Most recent Public authorities and the state 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...
Read More >
15th Apr
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...
Read More >
9th Apr
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...
Read More >
9th Apr
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...
Read More >
9th Apr
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...
Read More >
9th Apr
Practice notes
LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public...
Read More >
Produced in partnership with Greg Ó Ceallaigh of Garden Court Chambers 9th Apr
Practice notes
What is a private law claim for breach of statutory duty?A private law claim for breach of statutory duty is a claim that:•the defendant was under a...
Read More >
Produced in partnership with Catriona Stirling of Cloisters 9th Apr
Practice notes
IntroductionThe police force is a pure public authority (ie performs only public functions). Therefore, claims can be brought against it under the...
Read More >
9th Apr
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...
Read More >
9th Apr
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...
Read More >
9th Apr
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...
Read More >
9th 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...
Read More >
31st Mar
Q&As
Definition of a public liability claimThe Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims (the...
Read More >
3rd Mar
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...
Read More >
3rd Mar
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...
Read More >
15th Feb
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...
Read More >
15th Feb
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...
Read More >
15th Feb
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...
Read More >
15th Feb
Precedents
IN THE HIGH COURT OF JUSTICEQUEEN’S BENCH DIVISIONParties[THE CLAIMANT]by his litigation friend [LITIGATION FRIEND]        Claimant-and-[THE...
Read More >
14th Feb

Popular documents