Andrew Wilson

This Practice Note provides an introduction to group litigation orders (GLO) under CPR 19 and CPR PD 19B and outlines the reasons why a party might apply for this type of order, and what type of remedy can be sought in a GLO. It also considers the potential alternatives to a GLO.

This Practice Note outlines the procedure to follow when applying for a group litigation order (GLO). The key sections of CPR 19 and CPR PD 19B are considered, together with practical advice on locating pre-existing GLOs, applying for a GLO, bringing and defending claims subject to a GLO and case management of a GLO.

This Practice Note gives general background on interim payments and considers entitlement in personal injury claims. It outlines the conditions for interim payments, one of which must be present before a court can make an order for an interim payment.

This Practice Note covers Low Velocity Impact RTAs including factors taken into account by insurers, relevant case law and development of a standard procedure for dealing with these types of claims.

This Practice Note outlines the nature of vicarious liability cases and in particular the relationship between employer and tortfeasor. Cases where the cause of the incident is the fault of either the employee or the employer are reviewed. Guidance on vicarious liability claims arising out of negligence or breach of statutory duty including the Protection from Harassment Act 1997 are also considered.

This Practice Note is intended to deal with the legal principles which apply to claims of occupational cancer, focusing particularly on the issue of causation and the criteria the court will adopt in determining whether the claimant has discharged the burden of proof.

This Practice Note deals with the liability issues which arise when premises are left in a dangerous state by independent contractors, builders and landlords. If an occupier employs an independent contractor, the occupier will not be liable if it can show that it acted reasonably in entrusting the work to an independent contractor and it had taken such steps (if any) as it reasonably ought to satisfy itself that the independent contractor was competent and the work had been properly done. Building contractors and subcontractors can be held liable if it can be shown that they had sufficient control over the premises to be an occupier and any faulty construction, maintenance or repair works they have undertaken on the premises caused the claimant’s accident. A landlord is not an occupier if they give the tenant control of the property. However, even where a landlord has given up effective control of the premises, it will usually retain control of any common parts (eg hallways, lifts etc in a building or flats) and will therefore be an occupier in respect of those.

This Practice Note considers the duty of care which is owed by occupiers to lawful visitors under the Occupiers’ Liability Act 1957 to take reasonable care to ensure that lawful visitors will be reasonably safe when using the premises. It also looks at the control test to determine who is an occupier and the degree of care expected of children and skilled visitors.

Archived: This Practice Note has been archived and is not maintained. This Practice Note sets out the pre–6 April 2015 CPR 36 provisions.

This Practice Note provides guidance on the CPR 36 provisions and specifically considers the personal injury sections.

This Practice Note considers the background and framework of periodical payment orders, when and why a periodical payment order might be made by the court and the factors a court will take into account.

This Practice Note deals with what constitutes ‘premises’, when a potential claimant will be a ‘lawful visitor’ and rules relating to parkland and the countryside. Premises can be land or buildings as well as any fixed or moveable structure and can cover everything from shops, offices, public buildings, aircraft and houses. There are three types of lawful visitor: those with express permission, eg a person you invite into your house, those with implied permission, eg a person entering a shop and those with a right to enter, eg a police officer.

This Practice Note outlines how to apply to the court for provisional damages and the requirement that a request for provisional damages must be formally pleaded in the particulars of claim. The Practice Note then considers the provisions of an order and the procedure for extending the time limit or applying for further damages.

Since the 2013 Supreme Court decision of Woodland v Essex County Council the scope of a defendant’s duty of care to a claimant has been expanded. This Practice Note considers the Woodland decision and other relevant cases where a defendant has been held to have assumed a duty of care towards a claimant. Commonly encountered situations where the claimant is undertaking a hazardous activity or a contractor is injured while working at the defendant’s home are considered together with a summary of the duty of care owed by landlords, surveyors and education authorities.

This Practice Note deals with the statutory framework and purpose of provisional damages awards. A provisional damages award will be ordered where there is a chance that, at some definite or indefinite time in the future, the claimant will develop a serious disease or suffer some serious deterioration in their physical or mental condition. The Practice Note considers the criteria test for chance and serious deterioration and outlines the relevant time frames for provisional damages awards.

This Practice Note reviews the case law in relation to secondary victim claims, considering firstly the position following the case of Alcock v Chief Constable of Yorkshire Police prior to the Supreme Court judgment in the case of Paul v Royal Wolverhampton NHS Trust and secondly, the position following judgment in the latter case. Paul has clarified and extended the law, making a number of changes to the requirements for a claim to be brought by a secondary victim. This note therefore considers the criteria which secondary victims must satisfy to successfully obtain damages following an accident involving the primary victim. In addition, the Practice Note also provides a list of practical considerations to assist a practitioner in assessing the likelihood of success when bringing or defending a claim on behalf of/against a secondary victim.

This is a precedent particulars of claim for a road traffic accident in the UK caused by a foreign registered driver.

This Precedent is for a claim by holiday makers who contracted food poisoning or a gastric illness during a package holiday sold on or after 1 July 2018. The claim is made under the Package Travel and Linked Travel Arrangements Regulations 2018 which governs package travel contracts booked from 1 July 2018, the Supply of Goods and Services Act 1982 and the Consumer Rights Act 2015.