English Law Information

General Damages Special damages are anything which is liquidated, or that can be quantified to absolute accuracy. General damages are compensation for pain and suffering for personal injury, both pre-trial and post-trial. This aspect of compensation is covered by official...
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The common law has a long tradition of protecting citizens from unlawful detention. The original action was habeas corpus, but proceedings now rely on the European Convention’s Article 5. The tort of false imprisonment also remains relevant. Recently, the Home...
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NEGLIGENCE Long before Health & Safety legislation, the common law provided remedies for an employee who suffered personal injury at work. The common law imposes a duty of care on an employer in respect of its employees. A claim for...
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Certain relationships are irrebuttably presumed to be relationships of “trust and confidence” and so the claimant need prove only the existence of the relationship. Relationships that give rise to this irrebuttable presumption: . parent over minor child; . guardian over...
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Sections 14 and 15 of the Criminal Justice Act 2003 reverse the normal presumption in favour of bail. They mean that defendants who fail to turn up in court or who offend while out on bail will face immediate custody....
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One of the major implications of Halsey v Milton Keynes General NHS Trust {[2004] EWCA Civ 576} is that a successful party may be deprived of some or all of its costs if it unreasonably refuses to mediate. The burden...
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On the making of a bankruptcy order, all of the bankrupt’s estate will vest in the trustee in bankruptcy and does so without the necessity for any formal conveyance, assignment or transfer. Any undisputed debt of £750 or more can...
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Employers must always be aware of constructive dismissal. An employee who leaves voluntarily should be interviewed and asked to remain. The question of whether a termination is dismissal or resignation, was subject to much discussion in early case law. Did...
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A party wall is a wall which is owned equally by the two adjoining landowners, as if the wall between their properties were divided exactly down the middle. Where a wall is built on the boundary of two adjoining pieces...
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PROCEDURE Often in personal injury claims, the issues of quantum and liability are dealt with separately. If liability is agreed, and quantum is straightforward, there is a way of securing an assessment of damages without a trial. It is called...
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