Road traffic accidents

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Practice notes
Psychiatric injury—primary victimsDefining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident...
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19th May
Practice notes
Duty of care and breach in clinical negligence claimsThe duty of careA medical practitioner owes a duty of care to their patient. This duty is to take...
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Produced in partnership with Andrew Ritchie QC of 9 Gough Chambers 19th May
Practice notes
Product liability—claims in negligenceThe duty of careThe general principles of negligence apply, namely that the claimant has to establish that the...
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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
Drafting schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the...
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Produced in partnership with Louise Thomson 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
Precedents
[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT LOCATION] DISTRICT REGISTRY]Claim No:Between[Insert...
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19th May
Practice notes
Psychiatric injury—secondary victimsWhat is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
Drafting counter schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount...
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Produced in partnership with Louise Thomson 19th May
Practice notes
Applying for an interim payment order in personal injury claimsTiming and procedureA claimant can apply for an interim payment order after the end of...
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Produced in partnership with Andrew Wilson 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
Loss of pension—personal injury claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...
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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 Road traffic accidents content

Practice notes
Road accidents in the UK caused by foreign drivers—the Green Card systemNOTE: The UK's departure from the EU and the end of the Brexit transition or...
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Produced in partnership with Andrew Wilson 4th Aug
Precedents
Claim against a driver for a collision caused by misleading signalsIN THE COUNTY COURT AT [insert]Claim No:Parties1A B Claimantand2X Y...
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Produced in partnership with Thea Wilson of 12 King's Bench Walk 3rd Aug
Practice notes
Accidents caused by the road layoutMost road traffic cases turn on their particular facts.There are few hard and fast rules. However, a body of case...
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31st Jul
Q&As
Can you direct me to any case law or guidance on contributory negligence where a cyclist collides with a car that was pulling out from being parked?...
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31st Jul
Q&As
In a protocol case where limitation was due to expire and a protective claim form was issued under CPR PD 8B, what is the correct procedure for...
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Produced in partnership with Christi Scarborough of 42 Bedford Row 31st Jul
Practice notes
Road traffic accidents in the EU—jurisdiction and applicable lawNOTE: The UK's departure from the EU has implications for practitioners considering...
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Produced in partnership with Andrew Wilson 31st Jul
Q&As
Where a driver is driving in the course of employment, is there any guidance on whether proceedings should be issued solely against the employers...
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Produced in partnership with James Tunley of Lamb Chambers 31st Jul
Q&As
If liability was accepted via the Portal but proceedings were then issued under Part 8 at Stage 2 due to the defendant’s failure to act, would such a...
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Produced in partnership with Daniel Laking of 39 Essex Chambers 31st Jul
Q&As
What is the correct procedure to follow when a road traffic accident claim has started in the portal and negotiations are not yet finalised but the...
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31st Jul
Q&As
When a road traffic accident occurs on or after 1 March 2017 resulting in damage to property, is the owner able to make a recovery from the defendant...
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31st Jul
Practice notes
Accidents involving motorcyclists, cyclists, emergency vehicles and learner driversAside from motor vehicles, there are many other types of users of...
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31st Jul
Q&As
Can you outline the key case law for road traffic accidents caused by an animal on the highway where the driver has had to swerve to avoid it?Most...
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31st Jul
Q&As
If a claimant suffers minor whiplash but is also experiencing significant psychological symptoms, will the claim be dealt with outside the road...
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31st Jul
Q&As
Is there any case law for a collision between a truck parked legally in a loading bay and another non-loading vehicle parked improperly in the loading...
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31st Jul
Practice notes
Duties of the road userRoad traffic accidents are a prolific source of work for personal injury practitioners, giving rise to claims that span the...
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31st Jul
Q&As
For an RTA in Guernsey where insurers have admitted liability, despite the claim falling outside of the low value RTA protocol, would this be subject...
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31st Jul

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