Personal bar meaning

The following are some of the features and factors (not all of which will be readily discoverable at a very early stage) to consider when assessing whether a claim is appropriate for the LVI defence: The respective weight of both vehicles: a heavier vehicle striking a lighter one creates a greater impact than a crash between vehicles of comparable weight. Age and design of the vehicle: some models provide better shock absorption, for example with large bumpers. Location of impact: a direct rear-end hit passes more energy than a collision at an angle. Presence of a tow bar: a tow bar channels impact energy through the car, increasing injury risk. Handbrake applied: engaging the handbrake reduces the likelihood of injury. Claimant’s age and sex: females face a higher chance of whiplash, and risk rises with age. A pre-existing medical condition: heightens susceptibility to whiplash injury. Whether the claimant anticipated the impact and braced themselves: bracing diminishes the risk of neck...

Motor Insurers Bureau v Houston [2025] EWHC 3178 (KB) What are the practical implications of this case? Although the outcome may catch seasoned credit hire practitioners off guard, it was driven in large part by the precise language of the debarring order in this case. The order confined any future debarring strictly to the question of rate and made no reference to reliance on impecuniosity for the hire period or for any wider purposes; appellant counsel on appeal suggested this flowed from a legacy version of a standard form. Practitioners familiar with credit hire litigation will know that, more often than not, directions orders bar a claimant from reliance on impecuniosity for all purposes following a failure to provide financial disclosure. Even so, the judgment is a clear reminder that the courts will apply the ordinary and natural meaning to the words of any order, and practitioners should take care to verify the exact wording of a debarring order in every case. That is not, however, to suggest the...

In this issue Key PI and Clinical Negligence developments Claims involving a fatality Limitation Damages Case management Further PI and Clinical Negligence updates LexisNexis® Quantum Portal LexTalk® PI & Clinical Negligence: a Lexis®Nexis community Daily and weekly news alerts LexisNexis® Webinars Useful information Key PI and Clinical Negligence developments ‘Lost years’ damages available to child claimants: Supreme Court overrules Croke (CCC v Sheffield Teaching Hospitals NHS Foundation Trust) The Supreme Court in CCC (by her mother and litigation friend MMM) v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has upheld the appeal, confirming that children whose life expectancy has been curtailed by clinical negligence may recover ‘lost years’ damages. Disapproving the Court of Appeal’s stance in Croke v Wiseman [1982] 1 WLR 71, the court found no principled reason to bar very young claimants from seeking pecuniary losses attributable to the years of life taken away. The ruling...

What are the key changes in the new guidelines and what prompted these changes? The Guideline emerged after a public consultation held from 29 November 2023 to 21 February 2024. During that process, the Justice Committee (Commons Select Committee) of the former government observed that, overall, the proposed updates amounted to a worthwhile and carefully considered suite of amendments. In their view, these would prompt sentencers to weigh up whether an immediate prison sentence or a community order would better achieve the aims of sentencing in each instance... According to the Sentencing Council, the revised Guideline now places increased emphasis on the vital contribution of pre-sentence reports (PSRs) to sentencing decisions. It also sets out further detail on the purpose and breadth of the requirements that courts may attach to community orders and suspended sentence orders...

A glossary of frequently used terms and phrases in Scottish Private Client law, with the closest England and Wales equivalents (where applicable) and links to helpful websites Ab intestato Meaning From someone who dies without a will; describes property taken under the laws of intestate succession. Nearest English equivalent None Action of specific implement Meaning A court action seeking an order compelling a party to carry out a particular act. In Scotland there is no division between equitable and legal remedies, unlike England and Wales. Nearest English equivalent Specific performance (an equitable remedy for breach of contract that can be ordered alongside, or in place of, damages) Advance notice Meaning An entry in the relevant property register that protects the grantee of a deed intended for registration in the Land Register of Scotland. The protected period of 35 days begins on the day after registration....

A tattoo is a permanent body mark made by piercing the skin and placing coloured ink beneath the surface. Slim, ink-charged needles pass through the outer epidermis into the deeper dermis, which contains blood vessels, hair follicles, glands, nerves and lymph vessels. This injury sparks inflammation, and the immune system swiftly sends macrophages, a form of white blood cell, to support healing. Tattoos are therefore long-lasting, though, like a scar, they may fade with time. Macrophages engulf dye particles to aid the repair process; some travel to the lymph nodes, while others remain within the dermis. The remaining colour is taken up by fibroblast skin cells and, together with the macrophages, this keeps the tattoo in place. Tattoo machine Modern hand-held tattoo machines, sometimes called ‘tattoo guns’, use electromagnetic coils to drive an armature bar up and down. Attached to this bar is a grouped set of needles that delivers the ink into the skin...

This Practice Note This Practice Note examines the Limitation Act 1980 (LA 1980) and sets out the periods within which claimants are permitted to start different kinds of claims. As a rule, any proceedings begun after the relevant limitation window has ended will be statute-barred, affording the defendant a complete defence. It further describes, for personal injury matters, the general principles on when time begins to run, the notion of date of knowledge, and when a court may lift the limitation bar. It also contains a practical checklist of personal injury actions that sit outside the standard three-year time limit. LA 1980 prescribes the statutory deadlines within which claimants may pursue various categories of claims. Those limits define the period within which such claims must properly be started. Broadly, a defendant will enjoy a full defence to any proceedings issued (see further below: ‘When is a claim brought?’) after the expiry of the applicable period. Once the pertinent time limit has elapsed, the claim is treated as statute-barred. The...

Apart from minors and those lacking mental capacity, a testator is, in principle, generally free to choose any executor. That said, a court is unlikely to grant representation to a bankrupt or insolvent individual, save where the testator was aware of the bankruptcy when naming that executor in the Will. At present, there is no bar on appointing a personal representative who has been discharged from bankruptcy or insolvency, this extends to someone released from an individual voluntary arrangement. Refer to Practice Note: Definition of a personal representative, particularly the section ‘Bankruptcy and PRs’ for further guidance and detailed discussion on this...