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Practice notes
Credit hire—an introductionReplacement vehicles and hire generallyWhere a driver’s vehicle has suffered damage in an accident sufficient for it to...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
Was the damage foreseeable?The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach...
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19th May
Practice notes
Did the claimant consent to the risk of injury?The essence of a defence of volenti non fit injuria (‘to a willing person, no injury is done’) is that...
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19th May
Practice notes
What is fundamental dishonesty?This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and...
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19th May
Practice notes
Psychiatric injury—primary victimsDefining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident...
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19th May
Practice notes
Vicarious liability in the course of employment—the close connection testTo identify the circumstances in which a court may find an employer to be...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
Product liability—claims in negligenceThe duty of careThe general principles of negligence apply, namely that the claimant has to establish that the...
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19th May
Practice notes
Interest on general damages, special damages and judgment debtInterest on general damagesEntitlementA claimant is entitled to simple interest at a...
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19th May
Practice notes
Untraced drivers and the role of the MIB—for accidents occurring on or after 1 March 2017NOTE: For accidents after 1 March 2017 the Motor Insurers'...
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19th May
Practice notes
Fee remissionsIntroductionCourt and tribunal fees are, for many, prohibitively high. For those in the most straitened circumstances, fee remissions,...
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Produced in partnership with David Willink of Lamb Chambers 19th May
Practice notes
Liability under the Animals Act 1971—all other animalsAll animals except those that belong to a dangerous species (all non-dangerous animals) are...
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19th May
Practice notes
Drafting schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the...
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Produced in partnership with Louise Thomson 19th May
Practice notes
Uninsured drivers and the role of the MIB—for accidents occurring on or after 1 August 2015NOTE: This Practice Note deals with the MIB Uninsured...
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19th May
Practice notes
Quantifying damages for the estate under the Law Reform ActWhat can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act...
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19th May
Practice notes
Drafting counter schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount...
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Produced in partnership with Louise Thomson 19th May
Practice notes
Misfeasance in public officeThe tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only...
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19th May

Most recent Trips and slips content

Practice notes
Establishing the dangerous condition of highwaysDuty of careThe duty of care to highway users is set out in section 41 of the Highways Act 1980 (HiA...
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31st Jul
Practice notes
EL/PL claims in the portal—a practical guide (Stage 1)This Practice Note provides an overview of the Pre-Action Protocol for Low Value Personal Injury...
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Produced in partnership with Sue Brown 31st Jul
Q&As
Are there any case authorities for where a claimant fell off a pavement due to poor lighting?It is well established that the duty to maintain the...
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31st Jul
Q&As
In a portal claim, if the defendant increases their offer after the Court Proceedings Pack is sent to them, but within the 35-day consideration period...
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31st Jul
Practice notes
Fixed costs in employer liability and public liability claimsFixed costs under the Pre-Action Protocol for Low Value Personal Injury (Employers’...
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31st Jul
Practice notes
The correct defendant and cause of action in a trip/slip caseHighwaysThe Highways Act 1980 is referred to as HiA 1980.For the purposes of identifying...
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31st Jul
Practice notes
Premises and lawful visitors in occupier’s liability claimsWhat are ‘premises’?Although the Occupiers' Liability Act 1957 (OLA 1957) governs the...
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Produced in partnership with Andrew Wilson 31st Jul
Practice notes
The Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) ClaimsThe Pre-Action Protocol for Low Value Personal...
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31st Jul
Practice notes
Trips and slips in the workplacePost-1 October 2013On 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) rewrote...
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31st Jul
Practice notes
RTA, EL/PL and Package Travel protocols—consequential amendments to Part 36 offers to settleThis Practice Note only contains provisions effective from...
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31st Jul
Practice notes
EL/PL claims in the portal—a practical guide (Stage 2 onwards)This Practice Note aims to provide an overview of the Pre-Action Protocol for Low Value...
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Produced in partnership with Sue Brown 31st Jul
Practice notes
Defences in occupier's liability claimsThe following defences may be advanced by an occupier.Contributory negligenceThe Law Reform (Contributory...
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Produced in partnership with Andrew Wilson 31st Jul
Practice notes
Accidents on the highway—duty to maintainTypes of accidentsA personal injury claimant who has been injured in an accident on a highway may claim that...
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31st Jul
Precedents
Part 20 claim by highway authority against a sub-contractor in negligence and breach of contract[In the High Court of JusticeORIn the county court at...
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30th Jul
Precedents
Defence of a shop in a case of a tripping accident by a customer[In the High Court of JusticeORIn the County Court at [insert]][[Specify...
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30th Jul
Precedents
Defence to a Part 20 claim by highway authority against a sub-contractor in negligence and breach of contract[In the High Court of JusticeORIn the...
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30th Jul
Precedents
Defendant’s Part 36 offer made when claim no longer proceeds under RTA or EL/PL protocolDear [insert organisation name]This offer is made pursuant to...
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30th Jul
Precedents
Claimant’s Part 36 offer made when claim no longer proceeds under RTA or EL/PL protocolDear [insert organisation name]This offer is made pursuant to...
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30th Jul
Practice notes
Fraud in personal injury claims—remedies and consequencesDuties and responsibilities of parties and legal advisersPleadings—CPRBy CPR 16.5(2), where a...
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Produced in partnership with Andrew Wilson 22nd Jun

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