What does Personal injury mean? Personal injury describes harm to a person’s body or mind, as opposed to damage to property or pure economic loss. In practice it underpins civil claims in tort/delict, including negligence, occupiers’ liability, employers’ liability, product liability, road traffic accidents and clinical negligence. Across England & Wales, Scotland, Northern Ireland and Ireland, legislation (notably limitation statutes and, in Ireland, Personal Injuries Assessment Board legislation) commonly defines personal injuries to include disease and any impairment of a person’s physical or mental condition. Recognised heads therefore cover physical injury, industrial disease and psychiatric injury. Fatal injury claims are related but procedurally distinct. Key legal features...
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This Practice Note offers a concise outline of the main health and safety regulations currently operating in England and Wales, with references to related Practice Notes. With effect from 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) came into force. From that date, a breach of a health and safety statutory duty no longer, by itself, gives rise to Civil liability unless the specific regulation so provides. For injuries occurring on or after 1 October 2013, a breach may found a Negligence claim. Claims should therefore be advanced in negligence, using any regulatory breach as evidential support. The regulations in this Practice Note made under the Health and Safety at Work etc Act 1974 to implement EU Directives continue to apply as assimilated EU law after the Brexit transition/implementation period by virtue of section 2 of the European Union (Withdrawal) Act 2018. For more detailed guidance, see Practice Note: Retained EU law and assimilated law.
On 1 October 2013, ERRA 2013, s 69 took effect. For workplace accidents from that date, civil liability no longer arises from a breach of...
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 ]...