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Professional negligence claim—scope of duty, causation and remoteness—checklist This Checklist identifies the key factors to consider when determining whether or not there is a viable claim to be brought in professional negligence in terms of the scope of the duty, causation and remoteness, when considering whether the losses claimed fall within the scope of the professional’s duty, using the ‘analysis model’ proposed by the Supreme Court in its 2021 decisions in Manchester Building Society v Grant Thornton and Khan v Meadows. For detailed guidance on causation and remoteness in this area, see Practice Note: Causation and remoteness in professional negligence claims. Note: in Armstead v Royal & Sun Alliance, the Supreme Court rejected the application of this six-point checklist used by the Court of Appeal when deciding whether the claimant car-hirer could recover damages she had had to pay to the car-hire company for loss of use owing to the car being damaged by a third party’s negligence—the case had not been one where the scope of...
Brexit—contract clauses and resources—checklist [Archived] ARCHIVED: This Checklist has been archived and is not maintained. It considers the potential consequences of Brexit and signposts resources to prepare contracts for Brexit in advance of IP completion day. For information on the impact of IP completion day on contracts and more generally on commercial law, see Practice Notes: What does IP completion day mean for contract clauses? and What does IP completion day mean for Commercial? This Checklist of contract clauses and resources sets out the potential consequences of Brexit and considers the impact on commercial contracts. It sets out the considerations which should be given to a contract and the contractual clauses or resources which may help. This Checklist can be used when assessing existing contractual arrangements that may require attention to ensure continuity of commercially viable relationships following exit day and when negotiating contracts that are required to be fit for purpose beyond the end of the implementation period. Key commercial resources Our Brexit contract management toolkit [Archived] provides an...
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Safety and the risk to safety under the Health and Safety at Work Act 1974 In England and Wales, compliance health and safety legislation is enforced by the Health and Safety Executive (HSE) and local authorities. For information on the approach taken to the enforcement of health and safety law, including the ability of the HSE to charge for the cost of their investigations pre-charge, see: • Practice Note: Health and Safety Executive prosecutions policy • Practice Note: Powers of health and safety inspectors under the Health and Safety at Work etc Act 1974 • Practice Note: Improvement and Prohibition Notices under the Health and Safety at Work etc Act 1974 • Fees for Intervention—checklist For information on the enforcement of health and safety law in Scotland, see: Scottish health and safety enforcement—overview. Statutory duty to ensure the health, safety and welfare of employees at work An employer must ensure, so far as is reasonably practicable, the health, safety and welfare at work of its employees. This is...
E&W Brussels I (recast)—multiple defendants (art 8) [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers Article 8 of Regulation (EU) 1215/2012, Brussels I (recast) and the jurisdiction of the court when dealing with multiple defendants. The courts of an EU Member State have special jurisdiction to hear a dispute when a co-defendant is not domiciled in the jurisdiction if certain criteria are meet. This Practice Note considers the various criteria and how the courts have applied them in practice. In particular, it considers the meaning of ‘irreconcilable judgments’ and ‘anchor defendants’. The three other situations under Article 8 of Regulation (EU) 1215/2012, Brussels I (recast) are considered in Practice Note: E&W Brussels I (recast)—third parties, counterclaims and rights in rem (art 8) [Archived]. Other special jurisdiction situations, in which the claimant is able to choose to bring proceedings in a different jurisdiction to that of the defendant's domicile, are found in: • Article 7 of Regulation (EU) 1215/2012,...
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Letter of claim—a living mesothelioma claimant who was exposed to asbestos from the work clothes of a family member     Your ref:Our ref:Please ask for:Date:Direct Line:Email:     Dear [insert organisation name] URGENT—LIVING MESOTHELIOMA CLAIMANT YOU MUST DEAL WITH THIS LETTER IMMEDIATELY Re: Our Client: Address: Date of Birth: National Insurance Number: Your Previous Employee: Date of Birth: Date of Death: National Insurance Number: Place of Work: We are instructed by our above named client in respect of a claim for damages due to personal injury in connection with exposure to asbestos, as a consequence of asbestos dust carried home on the work clothes of a family member, [insert relation eg husband, wife or parent and insert their name] while they were employed by [insert employer’s name] between [insert dates]. It is for this reason we are directing the claim to you. We are writing this letter in accordance with the Pre-Action Protocol for Disease and Illness Claims. Please confirm the identity of your insurers. Please...
Particulars of claim for occupational stress caused by harassment at work IN THE COUNTY COURT AT [insert] claim No. [insert claim number] Between [Mr A B]        Claimant -and- [C D PLC]        Defendant __________________________________ Particulars of claim __________________________________ 1 At all material times, the Claimant was employed by the Defendant as a mail sorter at its Islington office and acting in the course of his employment. The Claimant’s employment commenced on [insert date]. At all material times, the Claimant’s line manager was [insert name of Claimant’s line manager, eg Mr Bloggs]. [Mr Bloggs]’ line manager was [insert name, eg Mr Jones]. The Defendant’s Managing Director was [insert name, eg, Mr Smith]. 2 The Defendant owed the Claimant the following duties in tort and/or contract: 2.1 a duty to take reasonable care of the Claimant’s health and safety, which included employing competent fellow workers; and/or 2.2 a duty to take reasonable care to prevent the Claimant from suffering foreseeable psychiatric injury in the course of or as a result of...
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Where a leak into a neighbouring building has been ongoing for several years causing damage, but has only just been discovered, what is the limitation period for making a claim? How will that impact upon causation and relief/quantum as the nuisance and damage were latent? Water leaks are often a cause of damage to property including adjoining properties, and may go unnoticed for months or years, after which time the damage may be considerably more serious than would have been the case had the leak been discovered promptly. As such, the neighbouring landowner who has suffered the damage may wish to bring a claim in nuisance and/or negligence for the damage caused by the leak. In nuisance, the liability is not a strict or absolute liability, a person not being liable unless they have continued or adopted the nuisance, or, more accurately, did not without undue delay remedy it when he became aware of it, or with ordinary and reasonable care should have become aware of it....
What obligations does an occupier of land have to a neighbour where Japanese knotweed has spread from their land to neighbouring land? An occupier of land could face liability for the spread of Japanese knotweed to neighbouring land in a number of ways, including: • under section 14 of the Wildlife and Countryside Act 1981 (WCA 1981), which makes it an offence to plant or cause Japanese knotweed to grow • under section 34 of the Environmental Protection Act 1990, which imposes a duty of care on people dealing with controlled waste (Japanese knotweed), to take reasonable steps to keep that waste safe • through a claim for private for private nuisance For more information, see Practice Notes: Japanese knotweed—legal framework and Japanese knotweed—management, which also cover the amendments to the WCA 1981, added by the Infrastructure Act 2015, concerning Japanese knotweed and species control agreements and orders. Private nuisance This Q&A concerns the spread of Japanese knotweed to neighbouring land and so it involves a focus...
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PI & Clinical Negligence analysis: In this conjoined appeal, the Court of Appeal considered whether the police held a duty of care to protect Ms Woodcock and CJ from harm caused by a third party; and whether the police’s investigative duty, pursuant to Article 3 of the European Convention of Human Rights, can arise before the claimant has suffered ill treatment at the hands of a third party. This decision represents the first occasion upon which the Court of Appeal has been asked to apply the Supreme Court’s decision in Tindall v Chief Constable of Thames Valley Police and has provided some important points of practical application to practitioners in this area. Written by Jennie Oborne, barrister at Deka Chambers.
This week's edition of PI & Clinical Negligence weekly highlights includes a report on the final part of the Civil Justice Council's review of the personal injury and clinical negligence pre-action protocols and includes recommendations for reform such as a separate protocol for child abuse claims. We also include our usual roundup of news, cases and New Law Journal articles of interest.
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