Road traffic accident

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Practice notes
The nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability resulting from an injury,...
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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
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...
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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%. The new discount rate came into effect on 5...
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Produced in partnership with Andrew Wilson 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...
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Produced in partnership with Andrew Wilson 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
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...
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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: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For offers made prior to this,...
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Produced in partnership with Andrew Wilson 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
Pre-action protocol for low value personal injury claims in road traffic accidentsThe protocol applies to all road traffic accident (RTA)...
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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 Road traffic accident content

Q&As
The MIB Uninsured Agreement 2015, which applies to accidents that have occurred on or after 1 August 2015, has less obligations and conditions than...
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25th Nov
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...
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25th Nov
Practice notes
Enforceability of contractsSome credit hire agreements have been vulnerable to attack as unenforceable where the credit hire company has failed to...
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Produced in partnership with Andrew Wilson 25th Nov
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 >
25th Nov
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 >
25th Nov
Practice notes
Heads of loss associated with a road traffic accident claimWhen considering potential losses in a claim arising from a road traffic accident, the...
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23rd Nov
Q&As
The Council of Bureaux is the organisation acting for the protection of the victims of cross-border road traffic accidents.It achieves this by...
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Produced in partnership with Andrew Wilson 12th Nov
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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11th Nov
Practice notes
NOTE: This Practice Note deals with the MIB Uninsured Agreement 2015 and applies to accidents which occur on or after 1 August 2015. For guidance on...
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10th Nov
Practice notes
OverviewIn civil proceedings, surveillance evidence is most commonly used by defendants in personal injury claims. Its aim is to show any difference...
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Produced in partnership with David Willink of Lamb Chambers 9th Nov
Practice notes
There are a number of commonly encountered obstacles on the highway:•animals•poorly-maintained roads•ice and...
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23rd Oct
Practice notes
Certain categories of claimant are considered more vulnerable than others. Included in this category...
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23rd Oct
Practice notes
NOTE: For accidents after 1 March 2017 the Motor Insurers' Bureau (MIB) will pay claims for damage to an uninsured driver’s car when it has been...
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22nd Oct
Precedents
Defence for a child claimant who walked out in front of the defendant’s vehicleIn the County Court at [insert]Claim No: [insert claim number]BetweenA...
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Produced in partnership with Thea Wilson of 12 Kings Bench Walk 21st Oct
Precedents
In the COUNTY COURT AT [insert]Claim No: [insert claim number]BetweenA B        ClaimantandX...
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Produced in partnership with Thea Wilson of 12 Kings Bench Walk 19th Oct
Precedents
Claim No. [insert claim number]In the county court AT [insert]Between:Master A.B.        Claimant(A child, by his litigation friend MR. B.B.)-and-MRS...
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12th Oct
Practice notes
Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering package holiday claims. For...
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1st Oct
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...
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Produced in partnership with Marcus Weatherby 30th Sep
Practice notes
Duties and responsibilities of parties and legal advisersPleadings—CPRBy CPR Part 16.5(2), where a defendant denies an allegation set out in the...
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Produced in partnership with Andrew Wilson 30th Sep

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