UUÂãÁÄÖ±²¥

View the related practice notes about Provisional damages

Asbestos—causation in personal injury claims

Asbestos—causation in personal injury claims In order to recover damages a claimant in a personal injury claim must establish that the defendant caused or made a material contribution to the accident/contraction of disease. As will be seen below, there is an exception to this rule in one specific area. This issue is far from straightforward, from both a legal and a medical standpoint. The medical position From a medical standpoint, different considerations apply to the various types of disease that can be contracted by reason of exposure to asbestos. Some conditions are aggravated, or the effects increased, by further exposure to asbestos. Other conditions, once contracted, are wholly unaffected by continued exposure. Some conditions can be contracted by a single instance of exposure to asbestos (indeed by the inhalation of a single fibre of asbestos). The medical differences have led the courts to draw a distinction between what are referred to as divisible and non-divisible conditions. Different tests and rules apply to causation issues depending on whether the...

View the related precedents about Provisional damages

Periodical payments order

Periodical payments order This Precedent should be read in conjunction with the Schedule to the Order: Appendix one: the revised model order: Butterworths Personal Injury Litigation Service [1435]–[1436]. CLAIM No.___________ IN THE HIGH COURT OF JUSTICE [[SPECIFY DIVISION]] [[INSERT LOCATION] DISTRICT REGISTRY] Parties 1 X Y (by her litigation friend A C) Claimant and 2 R B First Defendant and 3 C D Second Defendant _____________________ FINAL ORDER _____________________ BEFORE The Honourable Mrs Justice [________] sitting at the Royal Courts of Justice on [_______]. UPON hearing Counsel for the Claimant and Counsel for the Defendants. WHEREAS the Claimant has made a claim (the Claim) against the Defendants for personal injuries suffered by him arising out of the Defendants’ negligence on [___________]. AND WHEREAS the Claimant is a protected party and brings the Claim by her Litigation Friend, [___________]. AND WHEREAS the First and Second Defendants have each admitted liability to the Claimant on a joint and several basis. AND WHEREAS the First Defendant’s insurer, [________________], and the Second...

Defendant’s Part 36 offer to settle whole of claim

Defendant’s Part 36 offer to settle whole of claim Dear [insert organisation name] PART 36 OFFER—WITHOUT PREJUDICE SAVE AS TO COSTS We are instructed to put forward an offer which is made pursuant to Part 36 of the Civil Procedure Rules 1998 as follows: [ Lump sum only The defendant offers the sum of £[insert sum] inclusive of interest in full and final settlement of the whole of the claimant’s claim arising from this accident. The offer is net of interim payments already made [if possible state dates and amounts]. This offer takes into account any counterclaim. It is made without regard to any liability for any recoverable benefits under section 1 of the Social Security (Recovery of Benefits) Act 1997 and is therefore net of any such benefits. OR Where claim includes a claim for provisional damages The defendant offers a settlement of the claimant’s claim which includes an award by way of provisional damages in the sum of £[insert