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Personal injury

Contrib – medical evidence

A defendant may well argue for contributory negligence against a claimant, on the basis that the claimant failed to take adequate care for his own safety. Typically, this will be based on a failure to wear a seatbelt, or perhaps a cyclist who fails to wear a crash helmet.

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Dogs – negligence

A recent case involving an injury by a dog hints at a change of approach by the courts when assessing whether the dog’s owner has been negligent.

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Car hire – courtesy car

Suppose a claimant is entitled to a courtesy car under his motor insurance policy. Can he still claim a car hire fee from the defendant?

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Interim payment – ‘reasonable proportion’

CPR 25.7(4) says:

‘The court must not order an interim payment of more than a reasonable proportion of the likely amount of the final judgment.’
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Body parts – ‘property’?

It has long been held at common law that there can be no ‘property’ or ownership of body parts.

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Costs – inquest

Costs in any personal injury claim will be ‘in the discretion of the courts’, and that can extend to ‘incidental costs’. That can then justify including the costs (or part of the costs) of attending the relevant inquest.

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