What does Accident mean? In legal practice, an accident describes a sudden, unintended and unexpected event that causes personal injury, death or property damage. The term is descriptive and used across personal injury (negligence, employers’ liability, public liability), insurance and health and safety law; its precise scope depends on context and any applicable statute or policy wording. In road traffic cases, legislation imposes duties following an accident (for Great Britain, see Road Traffic Act 1988, s.170; Northern Ireland has equivalent provisions; Ireland’s Road Traffic Acts contain similar duties). In workplace health and safety, reporting regimes refer to accidents (for example, RIDDOR in Great Britain and...
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Beyond motor vehicles, the highway is used by many others, including:
Every highway user owes a duty to take reasonable care in the circumstances to avoid causing injury to their neighbour. Looking at the leading authorities for each type of road user, together with the Highway Code Rules, offers practitioners the general approach adopted by courts when determining the relative culpability of parties in road traffic accidents. It should be noted that motorcycles and cyclists are far more likely than cars to overtake and to filter past stationary traffic. Cyclists and motorcyclists also face a higher risk of harm in a collision than car drivers and therefore occupy a higher place in the ‘hierarchy of road users’, which has appeared in the introductory sections to the Highway Code since January 2022.
Motorcycles can accelerate considerably faster than cars and they also require a longer stopping distance. The combination of these two characteristics helps explain the frequency of accidents involving motorcyclists...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...