Road traffic accidents

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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...
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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
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
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 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
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
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
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
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 12th Jan
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
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
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
What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a...
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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
MIB AgreementWhere an uninsured driver causes an accident, they will often not have the means to pay compensation personally. For this reason the...
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21st Apr
Q&As
Section 152(1) of the Road Traffic Act 1988 (RTA 1988) states that no sum is payable by an insurer under RTA 1988, s 151 in respect of any judgment...
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Produced in partnership with David Sawtell of 39 Essex Chambers 21st Apr
Q&As
We have assumed for the purposes of this Q&A that the claimant has not issued a claim form to the court in accordance with CPR Part 8 and CPR PD 8B...
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21st Apr
Practice notes
The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents—30 April 2013 onwardsSTOP PRESS: A new RTA small claims...
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Produced in partnership with Sue Brown 21st Apr
Practice notes
STOP PRESS: A new RTA small claims protocol for whiplash claims comes into effect for accidents occurring on or after 31 May 2021. The small claims...
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21st Apr
Practice notes
Brexit: The UK's departure from the EU has implications for practitioners considering road traffic accidents. This Practice Note is in the process of...
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21st Apr
Practice notes
Duties and responsibilities of parties and legal advisersPleadings—CPRBy CPR 16.5(2), where a defendant denies an allegation set out in the...
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Produced in partnership with Andrew Wilson 21st Apr
Practice notes
Note: The UK's departure from the EU has implications for practitioners considering road traffic accidents in the EU. See Practice Note: What does IP...
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Produced in partnership with Andrew Wilson 21st Apr
Practice notes
Brexit: The UK's departure from the EU has implications for practitioners considering road traffic accidents. This Practice Note is in the process of...
Read More >
21st Apr
Practice notes
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...
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21st Apr
Practice notes
There are a number of commonly encountered obstacles on the highway:•animals•poorly-maintained roads•ice and...
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21st Apr
Practice notes
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...
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21st Apr
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained.Note: the most recent Uninsured Drivers’ Agreement 2015 came into force for...
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21st Apr
Practice notes
This case tracker considers case law on the contributory negligence of children involved in road traffic accident claims. The cases provide useful...
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21st Apr
Practice notes
The nature of the duty owed by bus driversA bus driver owes the same duty to other road users, including passengers, as any other driver, that duty is...
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Produced in partnership with David Robinson of Thompsons Solicitors 21st Apr
Practice notes
Replacement vehicles and hire generallyWhere a driver’s vehicle has suffered damage in an accident sufficient for it to require repair or replacement,...
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Produced in partnership with Andrew Wilson 21st Apr
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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21st Apr
Practice notes
The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents—30 April 2013 onwardsSTOP PRESS: A new RTA small claims...
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Produced in partnership with Sue Brown 21st Apr
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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21st Apr
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 21st Apr

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