Personal Injury Claims

Personal Injury

Tort of Negligence

Negligence is a wrongful act which causes harm or personal injury to another person for which the injured party is entitled to seek compensation. We all are under a legal duty not to harm or cause injury to anyone. Negligence occurs on behalf of someone when he/she breaches a DUTY OF CARE imposed by law and cause injury or harm to someone...Read More

nuisance

Defences of Nuisance

If the activities of the defendant are authorised by Government or by Statute, then the defendant will have a total defence to a nuisance claim. Example: Alfa Limited was authorised to rebuild the end of Street tower block. Any nuisance as a result of activities of Alfa Limited will not be a subject of a claim in nuisance. Ali has started constructing an extension in his garden after receiving planning permission. Any noise as a result of construction, the neighbours may have to put up with...Read More

Personal Injury and Privacy

Occupiers Liability

Occupiers’ liability deals with the risks posed and harms caused, by dangerous places and buildings. Premises Any fixed or movable structure including any vessel, vehicles, aircraft, driveways, buildings, fire escapes, scaffolding etc. Liability An occupier may be held liable if he/she has not taken reasonable care to ensure that those entering the premises are safe. Occupier A person who has a physical or legal control is the occupier of the premises... Read More

employers liability insurance

Employers Liability Insurance

An employer may be held liable for negligence in three distinct situations. An employer owes a non-delegable duty of care to their employees (not to cause harm or injury) and may be held “personally” liable for the harm caused to employees. An employer may also be held liable, where he/she does not comply with the obligations imposed by law on him and causes a loss to an employee. An employer may also be held liable vicariously for injuries caused by..Read More

Passing off

Passing-off Claims

Law on Passing off protects traders against misrepresentations, made by other traders that confuse customers as to the source of goods or services. It involves a practice where one trader gives consumer the impression that his goods are those of another trader or his goods are of the same quality as those of another trader...Read More

Personal Injury and Privacy

Nervous shock

In English legal system, no damages are awarded for grief or sorrow caused by a person’s death. However, where a person who suffers psychiatric illness as a result of having been physically injured by the defendant or where he is been placed in physical danger and suffers from a psychiatric illness, as a result, can claim for damages. ...Read More

Personal Injury

Vicarious Liability

Under Vicarious liability, an employer will be held responsible for wrongs committed by an employee in the course of employment subject to following conditions The existence of an employer-employee relationship The employee must have committed a wrongful act The wrongful act must be committed during the course of an employment..Read More

Personal Injury and Privacy

Claims for Negligence / Personal Injury

To establish a claim for Negligence including personal injury a claimant (person making the claim) has to prove three elements That the defendant owed to him/her (Claimant) a duty of care There is an actual breach of duty of care As a result, the claimant has suffered a Loss Caused by the breach of duty of care…Read More

Personal Injury and Privacy

Statutory Nuisance

Private nuisance regulates the relationship between neighbours and defines their mutual rights and obligations with respect to use of their land Every occupier/owner of a land has right of quiet and peaceful use and enjoyment of his/her land. Nuisance Examples Interference with amenity interests by creating Noise, Smell, and Dust Actual Damage to property, flooding, noxious fumes or vibration by neighbours’ act or omission Encroachment (trees, tree roots or overhanging branches)…Read More

Personal Injury and Privacy

Remedies

The most common remedies available in tort of negligence are Damages and Injunctions. Damages ,The primary function of the tort of negligence is to provide compensation for those who have suffered a loss or injury from someone else. Compensatory damages are designed, as far as money can do so, to place a person (who has suffered harm or injury) in the same position he would have been in if he had not sustained the injury. Damages are designed to put them in a position they were in before any harm was done to...Read More

Clinical Negligence

Clinical Negligence

The National Health Service is one of Britain’s greatest post-war achievements and is envied globally. However, with an increasing population and budget cuts leading to a strain on services, cases involving clinical negligence are inevitable....Read More

Defamation law UK

Defamation Law UK

The UK’s defamation law has long been branded as having a ‘chilling’ effect on free speech and expression. As with many areas of the law, the court must perform a balancing act in regard to the rights of the parties involved in litigation. In cases, regarding defamation, the rights that need to be balanced are one party’s right to freedom of expression (Art.10 European Convention on Human Rights (ECHR) ) and the other party’s right to respect for privacy, private and family life (Art.8 ECHR)....Read More

Personal Injury and Privacy

Freedom of Expression, Restrictions of Media Outlet

Under the English legal system, the judicial process must be carried out in public, openly and with integrity. There is a common understanding and belief among members of the English judicial system that “justice must not only be done but seems to be done”. Article 10 of ECHR provides freedom of expression to everyone, freedom to hold opinions, freedom to receive and impart information and idea without any interference by any public authority.....Read More

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