Civil Litigation & Personal Injury
Civil litigation is a combination of a variety of areas of law which can involve actions such as debt recovery, medical negligence, contract disputes, boundary disputes and personal injury claims as well any many others.
When a person takes a piece of jewellery to a jeweler for works to be undertaken they do not expect their property to be damaged. If this does happen and the jeweller is shown to be negligent in their duty it may be possible to claim compensation from the Jeweller in negligence and breach of contract. The entrusting of property in a professional can extend to and vehicle engineer to repair a car, a plumbing engineer to install a bathroom or an electrical engineer to re-wire a property.
Clinical negligence can occur in a variety of scenarios from seeing your local GP, to seeing a consultant, surgeon or going into hospital to give birth. Those that work within the medical profession must offer the public a very high duty of care. If they fail to do this and you are misdiagnosed or suffer an injury whilst in the NHS care, whether physical or psychological this may give rise to a claim in negligence.
Debt recovery is predominantly a cause of action that occurs where one party owes another party typically money for goods or services rendered. This can involve a contract for a car on finance, nursing home fees remaining unpaid, mortgage repayments, or some form of professional fees, for example, accountancy or architectural fees. Each of these examples represents a claim for breach of contract as goods or services have been rendered unpaid.
Boundary disputes are normally disputes between two neighbours over a piece of land. There are a variety of scenarios which may involve a boundary dispute, for example, where one party claims that a neighbours garden fence has encroached on to another neighbours land or where one party is claiming that a piece of land is a public right of way but the other party is disputing this. Boundary disputes, at times, can be very complex and lengthy at they involve many areas of law.
When a person(s) house is vandalised it can be a very traumatic experience. The vandalisation can come in numerous ways such as the destruction of a garden fence or garden shed to more serious damage such as in individual throwing a heavy object through a window. In any such event it is possible to apply to the court for an Order that the individual concerned pays the cost to repair the damage caused.
Being dismissed from your employment may give rise to a claim against your employer for breach of contract. There are several grounds where an employee can make a claim against an employer which may include:
- Wrongful Dismissal
- Unfair Dismissal
- Constructive Dismissal
However, there are grounds where your employer can terminate your employment and these may be based on serious misconduct on the part of the employee, for example, violence against another member of staff or where the employee is incompetent in their employment.
Unfortunately, road traffic accidents are becoming a very common theme on our roads and more people are injured due to the negligent driving of others. When this happens the injured party may have a claim for damages against the driver at fault. It may also be possible, in certain circumstances, for passengers to claim against the negligent driver.
The damages that you could claim could include, but not limited to the following:
- Damages for pain and suffering: (injuries)
- Damages for property damage (e.g. damage to car or property)
- Damages for loss of money (e.g. loss of wages)
With accidents suffered at work it can have a very detrimental impact on an employee’s life, both physically and mentally. If an employee suffers a trip, slip or fall or any other accident whilst within the course of employment and the employer did not have the correct health and safety procedures in place the employee may have a claim in negligence against the employer.
Whether a person has served within the Army, Navy or Royal Air Force there is still an element of Duty of Care that is owed to them from the Ministry of Defence. When a member of the Armed Forces serves in a combat or non-combat zone in the UK or overseas the Ministry of Defence owes them a duty of care to ensure they are safe, they have the correct and fully functional equipment and they receive the necessary care during and after operations to care for psychological problem such as Post-Traumatic Stress Disorder. If the Ministry of Defence fail in any of these areas you may have a claim in negligence.
During an arrest by the Police there is a set of procedures and rules which must be followed and all of these rules are contained within the Police and Criminal Evidence Act 1984. The 1984 Act is broken down into Code of Practice, if the Police fail to follow these Codes of Practice may be liable for false imprisonment and ultimately unlawful arrest.
When an hospital is responsible for a patient during the delivery there is a high duty of care that is owed and a very strict set of procedures that must be followed. If these procedures are not followed within the necessary guidelines the hospital may be liable for negligence.
If you have any further questions or require more information, please do not hesitate to contact us.