Vicarious liability

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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
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 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
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 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
Practice notes
Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...
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Produced in partnership with Ian Huckstepp of IRH Solicitors 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
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
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
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
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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9th Nov
Practice notes
The claim and basis for itThis type of claim is made on behalf of a living claimant whose life expectancy has been reduced as a result of the...
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9th Nov

Most recent Vicarious liability content

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 23rd Oct
Practice notes
Since the decision in Lister v Hesley Hall in 2002, it has been clear that, subject to satisfaction of the relevant test, an employer may be held...
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Produced in partnership with Andrew Wilson 23rd Oct
Precedents
[In the COUNTY COURT AT [insert]ORIn the High Court of Justice][[Specify division]][[Insert location] District Registry]Claim No:Between[Insert...
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5th Oct
Q&As
We assume that the person injured by the employee is bringing a personal injury claim.We have been unable to find any case law on the specific point...
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28th Sep
Q&As
An employer is generally only liable for its employees, and not for the actions of an independent contractor.However, this general rule is qualified...
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Produced in partnership with David Green of 12 King's Bench Walk 28th Sep
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 28th Sep
Q&As
Employers duty of careAn employer is under an overriding duty to take reasonable care of its employees' health and safety. The common law duty is a...
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28th Sep
Practice notes
In the past, a defendant would only have been vicariously liable for the negligence of a driver if the driver was acting in the course of their...
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26th Sep
Practice notes
A personal injury claimant will typically be seeking to establish the fault, whether negligence or breach of a statutory duty, of the identified...
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26th Sep
Practice notes
Employees, workers, contractors and othersIn Various Claimants v Catholic Child Welfare Society, Lord Phillips famously stated at para [19]:‘The law...
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26th Sep
Practice notes
Limitation issuesClaims for abuse are often presented many years after the events giving rise to them.It is usual practice in cases involving...
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26th Sep
Practice notes
When considering liability, a claimant will be seeking to establish the fault, whether negligence or breach of statutory duty, of an identified...
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26th Sep

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