Road traffic accidents

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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
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
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
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
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
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 12th Jan
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
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
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

Practice notes
Aside from motor vehicles, there are many other types of users of the highway, including:•motorcyclists•cyclists•emergency vehicles•learner...
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21st Apr
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained.Note: the Untraced Drivers’ Agreement, dated 2003, applies to accidents on or...
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21st Apr
Practice notes
The question of whether a road user has failed to drive with reasonable care is fact sensitive.Evidence of negligence may be gleaned from the...
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21st Apr
Practice notes
Road traffic accidents are a prolific source of work for personal injury practitioners, giving rise to claims that span the full spectrum of severity...
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21st Apr
Practice notes
Note: The UK's departure from the EU and the end of the Brexit transition or implementation period has implications for practitioners considering road...
Read More >
Produced in partnership with Andrew Wilson 21st Apr
Practice notes
IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...
Read More >
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
Certain categories of claimant are considered more vulnerable than others. Included in this category...
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21st Apr
Practice notes
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...
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21st Apr
Practice notes
Contributory negligenceThe question of contributory negligence is dependent on the facts of the case. In Davies the Court of Appeal stated that...
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21st Apr
Precedents
IN THE COUNTY COURT ATClaim no.PartiesAB        Claimantand(1)C DFirst Defendant(2)X Y INSURANCE PLC        Second...
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21st Apr
Precedents
Claim no: [insert claim number]In the county court at [insert]BetweenA        Claimant-and-B        First Defendant-and-Particulars of claim1On or...
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21st Apr
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 21st Apr
Precedents
IN THE COUNTY COURT AT [insert]Claim No:Parties1A B Claimantand2X Y...
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Produced in partnership with Thea Wilson of 12 Kings Bench Walk 21st Apr
Precedents
Claim No. [insert claim number]In the COUNTY COURT AT [insert]Between:Mrs a.b.        Claimant-and-C.d. Limited        Defendant1At all times material...
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21st Apr
Precedents
IN THE COUNTY COURT AT [insert]Claim...
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Produced in partnership with Edward Ross of 3 Paper Buildings 21st Apr
Precedents
Defence to a claim involving credit hireIn the County Court at [insert]Claim No:BetweenA B        ClaimantandX Y        DefendantDefence1It is...
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Produced in partnership with Thea Wilson of 12 Kings Bench Walk 21st Apr
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 21st Apr
Precedents
[In the High Court of JusticeORIn the County Court at [insert]][[Specify division]][[Specify Specialist court]][[Insert location] District...
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21st Apr
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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21st Apr

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