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This week’s edition of PI & Clinical Negligence weekly highlights includes a Court of Appeal decision which held that it could enforce compliance with the pre-action protocol for low value road traffic accident claims. We also consider a High Court decision where claims by factory workers for contracting COVID-19 during the pandemic were reinstated. In addition, we have our usual round-up of other news, cases, webinars and New Law Journal articles of interest.
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What is fundamental dishonesty?This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and Courts Act 2015 (CJCA 2015) and the loss of qualified one-way costs shifting (QOCS) protection under CPR 44.16.The term ‘fundamental dishonesty’ is
Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a
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
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
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