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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The Trusts and Succession (Scotland) Act 2024 obtained Royal Assent on 30 January 2024, representing the first substantive review of trusts law in Scotland in more than a century since the principal statute, the Trusts (Scotland) Act 1921, was enacted. The trusts provisions will commence only once Scottish Ministers make the required secondary legislation, whereas some succession measures took effect on 30 April 2024. The core updates designed to modernise the law are set out in News Analysis: Trusts and Succession (Scotland) Bill passed. Practice Notes covering Scottish trusts and succession will be further revised to reflect this new legislation.
A PI trust is:
A PI trust is characterised by the source of the trust assets and the Beneficiary. Accordingly, a trust that holds payments arising from a Fatal injury for the dependants of a deceased injured person does not fall within the scope of a PI trust...
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 ]...