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This week’s edition of PI & Clinical Negligence weekly highlights include the 184th Practice Direction update, clarifying court notification procedures for settlements and discontinuance. We consider a recent ruling on employer’s liability which offers guidance on interpreting ‘equipment’, resulting in claim dismissal. We also bring you some recent road traffic accident claims, including non-party liability in credit hire, and negligence in risk assessments in a catastrophic cycling accident. In addition, we have our usual round-up of other news, cases, webinars and New Law Journal articles of interest.
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Qualified one-way costs shifting (QOCS)NOTE: the Civil Procedure (Amendment) Rules 2023, SI 2023/105, amended CPR 44.14 so that defendants can enforce costs orders made against claimants up to the level of any damages or costs recovered by claimants. The amendments to qualified one-way costs
If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some
Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid
If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit
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