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
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
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
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 12th Jan
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
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
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

Most recent Road traffic accidents content

Precedents
[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT LOCATION] DISTRICT REGISTRY]Claim...
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Produced in partnership with Andrew Wilson 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
Defence for a passenger who knowingly travelled in the defendant’s vehicle when the driver was under the influence of alcohol or drugsIn the county...
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21st Apr
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 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
Road Traffic Accident: [place of accident]On: [date of accident]Our Client: [name of client]Vehicle: [make and model]Registration Number: [number]Name...
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21st Apr
Precedents
I have now received from the police a copy of the report relating to the accident.The police report is important because it contains most of the...
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21st Apr
Precedents
NOTE: This Precedent is relevant only to claims in respect of which proceedings have been commenced in the courts of England and Wales on or before 31...
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21st Apr
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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16th Apr
Q&As
Applicable lawIt is not clear where the claimant is domiciled, however we assume for the purposes of this Q&A that the claimant is domiciled in the...
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29th Mar
Q&As
Vicarious liability in employment relationshipsWhere a person is acting in the course of their employment, it is usually very straightforward to...
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Produced in partnership with James Tunley of Lamb Chambers 25th Mar
Practice notes
This Practice Note only contains provisions effective from 6 April 2015 onwards for claims which have followed the RTA or EL/PL Protocol and from 7...
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25th Mar
Q&As
The most recent Uninsured Drivers' Agreement 2015 (the 2015 Agreement) came into force for accidents occurring on or after 1 August 2015.The earlier...
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18th Mar
Q&As
What happens when a claimant dies?Where a party to a claim dies but the cause of action survives, the claim does not abate by reason of the death. See...
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18th Mar
Q&As
Most cases involving animals straying onto the highway will be decided under the law of negligence. However, some cases have succeeded under The...
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18th Mar
Q&As
Where claims have started in the road traffic accident (RTA) portal, the relevant section of the RTA protocol is para 5.7, which states as...
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18th Mar
Q&As
We refer you to Practice Note: The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents—30 April 2013 onwards and the...
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18th Mar
Q&As
Referring to the 1999 Uninsured drivers' agreement, section 5 outlines the Motor Insurers Bureau (MIB)'s liability to compensate the claimant in the...
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18th Mar

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