Trips and slips

Trips and slips guidance:

Types of accidents A personal injury claimant who has been injured in an accident on a highway may claim that the maintenance, or the lack of it, of the highway itself...

Practice Note

Dear [insert organisation name] This offer is made pursuant to Part 36 CPR We are instructed to put forward an offer which is made pursuant to Part 36 of the Civil...

Precedents

[In the High Court of Justice OR In the County Court at [insert]] [[Specify division]] [[Specify Specialist court]] [[Insert location] District Registry] Claim No:...

Precedents

[In the High Court of Justice OR In the county court at [insert]] [[Specify division]] [[Specify Specialist court]] [[Insert location] District Registry] Claim No:...

Precedents

The statutory defence As noted in the Practice Note: Establishing the dangerous condition of highways, the burden is on the claimant to establish a breach of section 41...

Practice Note

The following defences may be advanced by an occupier. Contributory negligence The Law Reform (Contributory Negligence) Act 1945 has application in cases brought under...

Practice Note

Dear [insert organisation name] This offer is made pursuant to Part 36 CPR We are instructed to put forward an offer which is made pursuant to Part 36 of the Civil...

Precedents

This Practice Note aims to provide an overview of the Pre-action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims from 31 July...

Practice Note

This Practice Note aims to provide an overview of the Pre-action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims from 31 July...

Practice Note

Duty of care The duty of care to highway users is set out in section 41 of the Highways Act 1980 (HiA 1980), which simply provides that the highway authority is under a...

Practice Note

Pre-action protocol for low value personal injury (employers' liability and public liability) claims The protocol applies to all claims where: • either the case is an...

Practice Note

Duties and responsibilities of parties and legal advisers Pleadings—CPR By CPR Part 16.5(2), where a defendant denies an allegation set out in the particulars of claim,...

Practice Note

Background The Occupiers’ Liability Act 1957 (OLA 1957) was enacted to provide for a common duty of care owed by occupiers of premises. The duty was ‘common’ in that it...

Practice Note

Independent contractors Liability for the negligence of independent contractors Sometimes premises will be left in a dangerous state as a result of faulty construction,...

Practice Note

[In the High Court of Justice OR In the county court at [insert]] [[Specify division]] [[Specify Specialist court]] [[Insert location] District Registry] Claim No:...

Precedents

What are ‘premises’? Although the Occupiers' Liability Act 1957 (OLA 1957) governs the liability of those in occupation or control of premises, premises are not defined....

Practice Note

Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering package holiday claims. For guidance, see Practice...

Practice Note

Highways The Highways Act 1980 is referred to as HiA 1980. For the purposes of identifying the correct defendant and cause of action, the starting point when bringing a...

Practice Note

The Pre-action Protocol for Low Value Personal Injury Claims in Employers' Liability and Public Liability Claims (the protocol) applies to claims valued up to £25,000...

Practice Note

Post-1 October 2013 On 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) rewrote section 47 of the Health and Safety at Work etc Act...

Practice Note

Background The Occupiers’ Liability Act 1957 (OLA 1957) had been enacted to provide for a common duty of care owed by occupiers of premises. The duty was ‘common’ in that...

Practice Note
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