Special claims

Special claims guidance:

Appointing a litigation friend The court may make an order appointing a litigation friend. An application for an order appointing a litigation friend can be made by the...

Practice Note

The actions of children are not judged by the same standard as adults. The relevant principles were set out in Honnor v Lewis: (1) children below a certain age are...

Practice Note

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 August 2019....

Practice Note

This Practice Notes sets out the important issues and steps to be considered, preferably with the input of counsel. Indeed, one of the important early considerations is...

Practice Note

First meeting and early stages In a case of severe injury, it is very important that the practitioner should meet with the claimant and family at an early stage. This...

Practice Note

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 August 2019. This...

Practice Note

Definition of catastrophic injury It is common for practitioners to categorise only the most severe of injuries as 'catastrophic' injury. This might restrict the...

Practice Note

Claims against schools by pupils can arise in a number of ways, including pupils: • being injured due to condition of premises • injuring each other or themselves • being...

Practice Note

Court directions for investment Where, in any proceedings, money is recovered on behalf of a child, the court may give directions to provide that it will be wholly or...

Practice Note

When court approval is required Any settlement, compromise or payment arising from a claim on behalf of, or against, a child is not binding unless it has been approved by...

Practice Note

When court approval is required Any settlement, compromise or payment arising from a claim on behalf of a protected party is not binding unless it has been...

Practice Note

Where money is recovered on behalf of a protected party, the court may give directions providing that it will be wholly or partly paid into court and invested, or dealt...

Practice Note

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 August 2019. For...

Practice Note

A child is any person under the age of 18. Litigation friends In civil proceedings, a child must have a litigation friend to conduct the proceedings on their behalf...

Practice Note

This Practice Note sets out practical considerations when managing these types of claims, followed by an overview of common types of injury to children occurring during...

Practice Note

A limited class of people who were dependent in some way on the deceased (ie dependants) are entitled to bring a claim under the Fatal Accidents Act 1976 (FAA 1976). See...

Practice Note