12 King's Bench Walk
11 Experts
24 Contributions by 12 King's Bench Walk Experts
PRECEDENTS
[ IN THE COUNTY COURT AT [ INSERT ] OR IN THE HIGH COURT OF JUSTICE ]
[ [ SPECIFY DIVISION ] ]
[ [ INSERT LOCATION ] DISTRICT REGISTRY ]
Claim No: [ insert claim number ]
Between
[ Insert the Claimant’s name ] Claimant
and
[ Insert the Defendant’s name ] Defendant
PARTICULARS OF CLAIM
At all relevant times, the Defendant was both the owner and the driver of a [ insert make and model of vehicle ], registration number [ insert vehicle registration number ].
At [ insert time ] on [ insert date ], the Claimant was properly using the pedestrian crossing on [ insert street name, town, county ]. Whilst the Claimant was on the crossing, the Defendant approached at undue speed and drove erratically, failed to stop, and struck the Claimant, thereby causing injury to [ her OR him ]...
PI & Clinical Negligence
PRECEDENTS
In the County Court at [ insert ] Claim No : [ insert claim number ] Between A B Claimant and X Y Defendant
PARTICULARS OF CLAIM
At all relevant times, the Claimant owned and drove a [ insert make and model of vehicle ], registration [ insert registration number ]. The Defendant owned and drove a [ insert make and model of vehicle ], registration [ insert registration number ]
On [ insert date ], the Claimant was lawfully travelling on [ insert street name, town, county ], and had to reduce speed because a set of traffic lights was ahead...
PI & Clinical Negligence
Q&As
The issue here is between ‘a claim for personal injuries’, and ‘a claim in negligence or in battery’
This distinction confuses the category of harm (and the relief for it) with the juridical basis of liability. ‘Personal injury’ is not a tort at all—it is a type of harm flowing from a tort, which in turn generates a legal entitlement to redress. It must be differentiated from other forms of physical harm—for example, loss to property—and from other tortious invasions of personal rights (for instance, the reputational harm occasioned by the tort of defamation). The former labels damage; the latter names the actionable wrong...
PI & Clinical Negligence
Q&As
Where the claimant trades as a sole proprietor, the assessment of losses is essentially a calculation of net earnings from self-employment, after deducting all overheads, tax, and similar items from their total gross takings for the year...
PI & Clinical Negligence
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