Trips and slips

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Featured PI & Clinical Negligence content

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
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
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
The nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability resulting from an injury,...
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9th Nov
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
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
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 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 9th Nov
Precedents
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
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
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
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
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 9th Nov
Practice notes
Timing and procedureA claimant can apply for an interim payment order after the end of the period for filing an acknowledgment of service.See Practice...
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Produced in partnership with Andrew Wilson 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 Louise Thomson 9th Nov
Practice notes
The Limitation Act 1980 is referred to as LA 1980.The power to disapply the primary limitation periodWhen dealing with personal injury claims that...
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9th Nov

Most recent Trips and slips content

Practice notes
BackgroundThe Occupiers’ Liability Act 1957 (OLA 1957) was enacted to provide for a ‘common duty of care’ owed by occupiers of premises. The duty was...
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Produced in partnership with Andrew Wilson 27th Oct
Practice notes
Duty of careThe 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...
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27th Oct
Practice notes
The statutory defenceAs noted in the Practice Note: Establishing the dangerous condition of highways, the burden is on the claimant to establish a...
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27th Oct
Practice notes
Types of accidentsA personal injury claimant who has been injured in an accident on a highway may claim that the maintenance, or the lack of it, of...
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23rd Oct
Precedents
[In the High Court of JusticeORIn the county court at [insert]][[Specify division]][[Specify Specialist court]][[Insert location] District...
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9th Oct
Precedents
[In the High Court of JusticeORIn the county court at [insert]][[Specify division]][[Specify Specialist court]][[Insert location] District...
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9th Oct
Practice notes
Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering package holiday claims. For...
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1st Oct
Practice notes
Duties and responsibilities of parties and legal advisersPleadings—CPRBy CPR Part 16.5(2), where a defendant denies an allegation set out in the...
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Produced in partnership with Andrew Wilson 30th Sep
Practice notes
Pre-action protocol for low value personal injury (employers' liability and public liability) claimsThe protocol applies to all claims where:•either...
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30th Sep
Practice notes
The Pre-action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (the EL/PL protocol) applies to claims valued...
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30th Sep
Precedents
[In the High Court of JusticeORIn the County Court at [insert]][[Specify division]][[Specify Specialist court]][[Insert location] District...
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30th Sep
Q&As
We have assumed for the purposes of this Q&A that the claimant has not issued a claim form to the court in accordance with CPR Part 8 and CPR PD 8B...
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29th Sep
Q&As
Openings on the highway, generally speaking, belong to the party who owns the thing opened onto—this is an application of the general rule that works...
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Produced in partnership with Jamie Gamble of No5 Barristers Chambers 28th Sep
Q&As
The statutory provision dealing most directly with the potential risk posed by opening windows in the workplace is regulation 15(2) of the Workplace...
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Produced in partnership with Peter Edwards of Devereux Chambers 28th Sep
Q&As
It is well established that the duty to maintain the highway is imposed by section 41(1) of the Highways Act 1980 (HiA 1980), which provides as...
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28th Sep
Practice notes
Independent contractorsLiability for the negligence of independent contractorsSometimes premises will be left in a dangerous state as a result of...
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27th Sep
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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26th Sep
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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26th Sep
Practice notes
The following defences may be advanced by an occupier.Contributory negligenceThe Law Reform (Contributory Negligence) Act 1945 has application in...
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26th Sep

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