Establishing legal liability

Featured guidance
Establishing legal liability guidance:

Many sports and leisure activities carry an inherent risk of injury. Participating in an extreme sport or leisure activity can make it alluring and exciting; but even...

Practice Note

On 1 October 2013, s 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) re-wrote s 47 of the Health and Safety at Work etc Act 1974 (HSWA...

Practice Note

The reasonable person test Once a court has determined that a common law duty of care exists between the parties, the next stage is for the claimant to prove that it has...

Practice Note

Balance of probabilities The claimant must prove that, on the balance of probabilities, the defendant has been negligent or has breached their statutory duties. Proof on...

Practice Note

Originally produced in partnership with David Robinson of Thompsons Solicitors. Updated in partnership with Andrew Wilson. See Practice Note: Did the breach...

Practice Note

The Law Reform (Contributory Negligence) Act 1945 (LR(CN)A 1945), s 1(1) provides: 'Where any person suffers damage as the result partly of his own fault and partly of...

Practice Note

Establishing the causal link The starting point in establishing the causal link is the 'but for' test, which requires the court to consider: but for the...

Practice Note

The essence of a defence of volenti non fit injuria (‘to a willing person, no injury is done’) is that the claimant understands the danger of the situation...

Practice Note

Examples of established relationships For a claimant to succeed in proving their claim in common law negligence they must first prove that the defendant owed them a duty...

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

Definitions Fraud Defined in Derry v Peek as where it is shown that: 'a false representation has been made (1) knowingly, or (2) without belief in its truth, or (3)...

Practice Note

This case tracker considers case law to date on fundamental dishonesty both in the context of the loss of qualified one-way costs shifting (QOCS) and under section 57 of...

Practice Note

What is a Group Litigation Order? Multiple claims can be managed by the court under a group litigation order (GLO). GLOs may be made, before or after the commencement of...

Practice Note

Who may apply and when? It is worth noting that, subject to obtaining the appropriate consent (discussed below), the court has the power to order a GLO of its own...

Practice Note

This Practice Note is not confined to the strict definition of indemnity. In some personal injury cases, particularly road accident claims, the payment of damages and...

Practice Note

Introduction Over the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal injury claims,...

Practice Note