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Case management in fast-track claims Print E-mail
Written by Personal Injury Newsletter   
Wednesday, 01 September 2010 00:00

When the court allocates a claim to the fast track, it will give directions for the management of the case and set a timetable to trial. Those directions will fix a trial date or period (of not more than three weeks, known as the trial window) within which the trial will take place.

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Bearing the burden Print E-mail
Written by Personal Injury Newsletter   
Wednesday, 01 September 2010 00:00

Keith Patten examines the approach of the judiciary to evidence in personal injury claims

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The employer’s duties to the employee Print E-mail
Written by Personal Injury Newsletter   
Sunday, 01 August 2010 00:00

Overriding duties

An employer is under an overriding duty to take reasonable care of its employees’ health and safety, and has a duty under both common law and statute to ensure the safety of its employees.

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Setting aside judgment in default Print E-mail
Written by Personal Injury Newsletter   
Thursday, 01 July 2010 00:00

Where the defendant wishes to defend the claim

Where a client has failed to file either a defence or acknowledgment but does wish to defend the claim, the best next step is to apply for an extension of time for filing of those documents under CPR 3.1(2)(a). When acting for a defendant who receives notice that the claimant is applying for default judgment, the court will take into account the speed with which the defendant makes their application.

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Cerebral palsy Print E-mail
Written by Personal Injury Newsletter   
Thursday, 01 July 2010 00:00

P (A Protected Party) v South Central
SHA
Approval of Out of Court Settlement
July 2009

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The big question Print E-mail
Written by Personal Injury Newsletter   
Thursday, 01 July 2010 00:00

The difficulties associated with the “but for” test:

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Low value road traffic accident claims Print E-mail
Written by Personal Injury Newsletter   
Tuesday, 01 June 2010 00:00

The pre-action protocol for low value personal injury claims in road traffic accidents “the RTA protocol” applies to claims valued at up to £10,000. It is designed to increase the speed of decision making by imposing fixed response times and fixed costs on parties. The protocol applies to all RTA claims:

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