Road traffic accidents

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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 12th Jan
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
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
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...
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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 12th Jan
Practice notes
IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...
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Produced in partnership with Andrew Wilson 12th Jan
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
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
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
Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
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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
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 12th Jan
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
Common issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For guidance on future loss...
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9th Nov
Practice notes
Valuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of the loss of an arm or of the sense...
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9th Nov
Practice notes
LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public...
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Produced in partnership with Greg Ó Ceallaigh of Garden Court Chambers 12th Jan

Most recent Road traffic accidents content

Q&As
Section 151 of the Road Traffic Act 1988 (RTA 1988) provides that a motor insurer is bound to meet a judgment in respect of a relevant liability...
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Produced in partnership with Andrew Wilson 21st Apr
Q&As
If the highway is maintainable at public expense, the relevant highway authority is under a duty to maintain it. The duty to maintain highways, set...
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21st Apr
Q&As
It is assumed that the question refers to the Portal under which claims proceed for the purposes of the Pre-Action Protocol for Low Value Personal...
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Produced in partnership with Daniel Laking of 39 Essex Chambers 21st Apr
Q&As
The following rules of The Highway Code may be relevant.According to Rule 195, as a motorist approaches a zebra crossing they must look out for...
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21st Apr
Q&As
AnalysisThe circumstances envisioned in the question are provided for by pararagraph 6.15 of the Pre-Action Protocol for Low Value Personal Injury...
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Produced in partnership with David Willink of Lamb Chambers 21st Apr
Q&As
In these circumstances, a protective claim will have been issued under CPR 8 in accordance with CPR PD 8B, para 1.1(3) using the procedure in CPR PD...
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Produced in partnership with Christi Scarborough of 42 Bedford Row 21st Apr
Q&As
Seat beltsRule 99 of the Highway Code requires passengers to wear seat belts when travelling in a van if one is fitted. There are some limited...
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21st Apr
Q&As
In personal injury claims it is crucial to establish at an early stage whether the potential defendant had in place at the time of the accident or...
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21st Apr
Q&As
Section 152(1) of the Road Traffic Act 1988 (RTA 1988) states that:‘(1) No sum is payable by an insurer under section 151 of this Act—(a) in respect...
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21st Apr
Q&As
The usual principles of the tort of negligence apply to claims for damages arising out of accidents that occur on the road. The Personal Injury module...
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Produced in partnership with Jamie Gamble of No5 Barristers Chambers 21st Apr
Q&As
A second claim notification form (CNF) should not be submitted.The pre-action protocols for low value personal injury claimsMost personal injury...
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Produced in partnership with David Peter of Devereux Chambers 21st Apr
Q&As
Claims can be raised for loss of enjoyment of a holiday or an activity and falls under the category of a non-pecuniary loss, as the injury has been...
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21st Apr

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