Andrew Wilson

This Practice Note deals with the requirements for a periodical payments order: security, form of the order, and indexation. When considering whether to give an intention to the parties as to the appropriateness of a lump sum order or a periodical payments order or when considering whether to make a periodical payments order, the court will assess what best suits the claimant’s needs. CPR 41 lists the factors which should be taken into account. Before making a periodical payments order the court must be satisfied that the continuity of payments is reasonably secure.

This Practice Note covers the legal framework and the procedure by which a claim is made by the victim of a road traffic accident which occurs in the UK but is caused by the driver of a foreign registered vehicle. It considers the changes introduced following the end of the Brexit transition or implementation period on 1 January 2021 including in relation to jurisdiction, service and the appointment of a claims correspondent in the UK.

This Practice Note identifies the regulations and general principles that apply to road traffic accidents which have occurred in the European Union. Following IP completion day, a claimant pursuing a claim will be confronted by a number of issues.

This Practice Note provides a guide to the main issues and challenges facing the practitioner when dealing with a claim arising from a road accident which occurred in the European Union. It is important for the practitioner to have an understanding of the changes to the relevant regulatory regimes brought about by the UK’s withdrawal from the EU and the impact on issues of jurisdiction and the applicable law.

This Practice Note looks at the different types of relationships which may give rise to vicarious liability including between an employer and employee but also other relationships which are similar to employment. An employer’s potential liability is also explored in relation to incidents which occur outside working hours such as at social events and where an employee physically assaults another person.

This Practice Note deals with unauthorised visitors and the duty of care an occupier owes to them under the Occupiers' Liability Act 1984. The Practice Note considers the definition of an ‘unauthorised visitor’ and the scope of an occupier’s duties towards them.

This Practice Note considers the court’s power to make a variable periodical payments order in cases where there is evidence that either the claimant’s condition deteriorates, they suffer a further disease or there is a significant improvement in their condition. A party must apply to the court to vary a periodical payments order. The Practice Note contains guidance on the format of a variable periodical payments order and the procedure for applying to court to vary it.

This Practice Note considers an employer’s vicarious liability for deliberate acts by an employee. Commonly encountered situations relating to sexual abuse, physical assault, incidents arising from friction in the workplace and horseplay/pranks that go wrong are all reviewed.

This Practice Notes considers the circumstances in which the court will hold an employer vicariously liable for a tort which has been committed by an employee. The courts’ approach to the ‘close connection’ test has evolved over time and this Practice Note provides practitioners with an understanding of how the doctrine has developed.