Term
| What is the structure of case analysis |
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Definition
1) Limitation period
2) Liability – common law/statute
3) Causation – was excessive alcohol/speed the cause of the accident
4) Defences – contributory negligence (Law Reform (Contributory Negligence) Act 1954)
5) Strengths
6) Weaknesses
7) Conclusion |
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Term
| What is the Limitation Period |
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Definition
s 11(4) Limitation Act 1980 – primary limitation period for bringing a claim for personal injuries is three years from:
a) the date of the accident or
b) the date of knowledge of the injured party
whichever is later and actual date of accident/date of knowledge is not included |
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Term
| Can you extend the Limitation Period? |
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Definition
There are two ways in which the the LP could be extended:
1) Claims can be brought after the limitation period (i.e. medical negligence case where the C becomes aware of potential negligence of the operating surgeon)
--> C would have the burden of proving to the court that they should be able to rely on the date of their knowledge to establish a later limitation period
--> However, courts may refuse to extend the limitation period, because knowledge under s 14 includes knowledge that may be reasonably expected to acquire by making further enquiries/seeking advice of medical expert
2) If C failed to commence a claim within the relevant time period
--> Court will consider factors before deciding to grant the order – the length and reasons for delay on the part of the C, the conduct of the D, whether the C acted promptly and reasonably once they knew the injury was attributable to the omission |
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Term
| What are the types of liability and how do you prove it? |
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Definition
1) Common law duty - duty to drive with reasonable care and skill as expected of an ordinary competent driver
--> Proof of breach of common law duty can be established through:
a) Breach of Highway Code - not to drive under alcohol, duty to drive within the speed limit, failure to wear a
seatbelt
--> Police reports
--> Witness statements
---> Previous criminal convictions
2) Statutory duty - breach of the Road Traffic Act:
--> s 2 & 3 - duty to drive with care and attention
--> s 4, 5 & 11(2) - duty to not drive under the influence of alcohol
--> s 81 & 86 - duty to drive within the speed limit |
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Term
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Definition
Contributory negligence (Motorist):
• Rear end shunt – when the driver drives into the rear of another. Liability attaches to the vehicle for failing to keep a sufficient distance between vehicles
• Collisions in the centre of the road
• Traffic signals – motorists should only proceed when traffic lights show green
--> Davis & Hassan – Motorists should not proceed through a green light if faced with evident danger (i.e. driving through green light even when a pedestrian is crossing)
• Road rage – Rule 147 HC states that motorists should be considerate and understanding of other drivers and should not become agitated if another motorist is driving badly
• Duty to wear a seat belt
--> Froom v Butcher established that a 25% reduction would be made where the injuries would not have occurred at all if a seatbelt was worn and 15% reduction where the injuries would have been reduced by the seatbelt
Contributory negligence (Pedestrians):
• Pedestrian must take responsibility for their actions (i.e. if pedestrian unexpectedly walks into a road, their claim for injuries may fail/court may find them contributory negligent)
--> Barlow v Smith – C (pedestrian) suddenly ran out the road when it got hit by the D. Court held that the D could not have expected to have anticipated the C’s actions and was held not liable |
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Term
| What are the different types of funding |
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Definition
1) No win no fee arrangements - conditional fee and damage based agreements
2) Private funding
3) Legal Aid - must satisfy the means and merits test
4) Trade Union funding
5) Insurance |
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Term
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Definition
If client wins, they pay:
--> his own solicitor’s costs for the work done
--> success fee
--> disbursements
• Success fee is only recoverable from the client and not the unsuccessful party
success fee recoverable at 25% of the damages recoverable
If client loses, then he only has to pay the legal costs of the D and both sides disbursement |
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Term
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Definition
• Can only be used after 1 April 2013
• Difference between CFA/DBA – costs can be recovered out of any damages received by the client |
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Term
| What is a litigation friend and where can it be found in the CPR? |
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Definition
| Litigation friend is instructed to conduct proceedings if the party is a child or protected party under CPR 21 |
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