Road traffic accident

Road traffic accident guidance:

Most road traffic cases turn on their particular facts. There are few hard and fast rules. However, a body of case law has evolved over the past century that provides...

Practice Note

Aside from motor vehicles, there are many other types of users of the highway, including: • motorcyclists • cyclists • emergency vehicles • learner drivers Each user of...

Practice Note

Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accident claims in the EU. For...

Practice Note

Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accident claims in the EU. For...

Practice Note

The actions of children are not judged by the same standard as adults. The relevant principles were set out in Honnor v Lewis: (1) children below a certain age are...

Practice Note

IN THE COUNTY COURT ATClaim no. Parties AB Claimant and (1) C D First Defendant (2) X Y INSURANCE PLC Second Defendant _________________________________________...

Precedents

Produced in partnership with Thea Wilson of 12 Kings Bench Walk IN THE COUNTY COURT AT [insert] Claim No: Parties 1 A B Claimant and 2 X Y Defendants...

Precedents

Produced in partnership with Thea Wilson of 12 Kings Bench Walk In the COUNTY COURT AT [insert] Claim No: [insert claim number] Between A B Claimant and X Y Defendant...

Precedents

Produced in partnership with Thea Wilson of 12 Kings Bench Walk In the county court at [insert] Claim No: [insert claim number] Between A B Claimant and X Y Defendants...

Precedents

[In the High Court of Justice OR In the County Court at [insert]] [[Specify division]] [[Specify Specialist court]] [[Insert location] District Registry] Claim No:...

Precedents

IN THE COUNTY COURT ATClaim no. Parties AB Claimant and (1) C D First Defendant (2) MOTOR INSURERS’ BUREAU (acting through its agent X Y INSURANCE PLC) Second Defendants...

Precedents

Produced in partnership with Thea Wilson of 12 Kings Bench Walk In the county court at [insert] Claim No: [insert claim number] Between A B Claimant and X Y Defendants...

Precedents

Produced in partnership with Edward Ross of 3 Paper Buildings IN THE COUNTY COURT AT [insert] Claim No: BETWEEN [A.B.] Claimant -and- [C.D.] Defendant...

Precedents

Claim No. [insert claim number] In the county court at[insert] Between: Mr a.b. Claimant and C.d. Insurance limited Defendant _______________________________________...

Precedents

Dear [insert organisation name] This offer is made pursuant to Part 36 CPR We are instructed to put forward an offer which is made pursuant to Part 36 of the Civil...

Precedents

In some instances someone may suffer damage that results partly from their own fault and partly from the fault of someone else. A claim in respect of such damage is not...

Practice Note

Replacement vehicles and hire generally Where a driver’s vehicle has suffered damage in an accident sufficient for it to require repair or replacement, they may well need...

Practice Note

Enforceability of contracts Some credit hire agreements have been vulnerable to attack as unenforceable where the credit hire company has failed to comply with certain...

Practice Note

Defendant insurers commonly raise issues going to the quantum of the claim for hire charges. The common areas of dispute are: • need/type • period, and • rate For further...

Practice Note

[In the High Court of Justice OR In the County Court at [insert]] [[Specify division]] [[Specify Specialist court]] [[Insert location] District Registry] Claim No:...

Precedents

Produced in partnership with Thea Wilson of 12 Kings Bench Walk Defence for a child claimant who walked out in front of the defendant’s vehicle In the County Court at...

Precedents

Defence for a passenger who knowingly travelled in the defendant’s vehicle when the driver was under the influence of alcohol or drugs In the county court at [insert]...

Precedents

Produced in partnership with Thea Wilson of 12 Kings Bench Walk Defence to a claim involving credit hire In the County Court at [insert] Claim No: Between A B Claimant...

Precedents

Contributory negligence The question of contributory negligence is dependent on the facts of the case. In Davies the Court of Appeal stated that generally in road traffic...

Practice Note

Dear [insert organisation name] This offer is made pursuant to Part 36 CPR We are instructed to put forward an offer which is made pursuant to Part 36 of the Civil...

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 accident] Thank you...

Precedents

Most road traffic cases turn on their particular facts. There are few hard and fast rules, and disapproval of the excessive citation of authority has been expressed in...

Practice Note

Road traffic accidents are a prolific source of work for personal injury practitioners, giving rise to claims that span the full spectrum of severity and complexity. The...

Practice Note

Pre-action protocol for low value personal injury claims in road traffic accidents The protocol applies to all road traffic accident (RTA) claims: • where the claim...

Practice Note

Duties and responsibilities of parties and legal advisers Pleadings—CPR By CPR Part 16.5(2), where a defendant denies an allegation set out in the particulars of claim,...

Practice Note
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