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
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
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
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
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
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
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 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
For further guidance regarding bus accident claims, including the key case law, the type of evidence that can be obtained, and practical tips on how...
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18th Mar
Q&As
See the following:•Q&A: Can you direct me to any relevant guidance or case law in respect of contributory negligence for not using lights when cycling...
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18th Mar
Q&As
The Motor Insurers’ Bureau (MIB) Uninsured Agreement 2015 applies to accidents which occurred on or after 1 August 2015 (see: Uninsured drivers' MIB...
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Produced in partnership with David Green of 12 King's Bench Walk 18th Mar
Q&As
For the purposes of this Q&A, it is assumed that the Portal referred to is the Pre-Action Protocol for Low Value Personal Injury Claims in Road...
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Produced in partnership with Daniel Laking of 39 Essex Chambers 18th Mar
Q&As
Butterworths Personal Injury Litigation Service, available within Lexis®Library, provides that:‘Sudden braking by the driver of a lead vehicle may...
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18th Mar
Q&As
The Pre-action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents sets out at para 4.5 the cases that are excluded.The protocol...
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18th Mar
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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18th Mar
Practice notes
THIS PRACTICE NOTE ONLY CONTAINS PROVISIONS EFFECTIVE AS AT 30 APRIL 2013 ONWARDSThe revised Pre-Action Protocol for Low Value Personal Injury Claims...
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18th Mar
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 18th Mar
Practice notes
THIS PROTOCOL ONLY APPLIES TO LOW VALUE RTA CASES WHERE THE CLAIM NOTIFICATION FORM IS SUBMITTED TO THE DEFENDANT'S INSURERS BEFORE 30 APRIL 2013.The...
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18th Mar
Precedents
Dear [Insert]Re: [Insert name of client/claimant]The Court have now timetabled the case in which you are involved as [Insert details eg liability...
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Produced in partnership with Marcus Weatherby of Pattinson Brewer 18th Mar
Precedents
IN THE COUNTY COURT ATClaim no.                  PartiesAB        Claimantand(1)C DFirst Defendant(2)MOTOR INSURERS’ BUREAU (acting through its agent...
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18th Mar
Precedents
Dear [Insert]Re: [Insert name of client]Thank you for agreeing to report on this case.Your role in the litigation: We have assumed that your report...
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Produced in partnership with Marcus Weatherby of Pattinson Brewer 18th Mar
Precedents
Dear [Insert]Re: [Name of Client/Name of Claimant]You will be aware from the Court timetable that we provided you with that you are required by the...
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Produced in partnership with Marcus Weatherby of Pattinson Brewer 18th Mar
Precedents
Dear [insert organisation name]This offer is made pursuant to Part 36 CPRWe are instructed to put forward an offer which is made pursuant to Part 36...
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18th Mar
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 of Pattinson Brewer 18th Mar
Precedents
Dear [insert organisation name]This offer is made pursuant to Part 36 CPRWe are instructed to put forward an offer which is made pursuant to Part 36...
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18th Mar

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