About PI & Clinical Negligence
In the wake of the Jackson Review and the Legal Services Act 2011 and the forthcoming implementation of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, the competition for personal injury work is more intense than ever. Personal injury lawyers of all kinds are under immense pressure not only to turn work around faster, but expand into what might be new and unfamiliar areas (e.g. clinical negligence or occupational disease).
Establishing legal liability
Key practice note looking at the courts’ approach when deciding if a duty of care is owed by the defendant, including claims for novel situations, psychiatric injury, omissions and claims involving public authorities.
Types of claim
This content deals with the duty of care owed by road users to others in road traffic accidents, including car drivers or motorists, passengers, pedestrians, cyclists and the standard of care.
Litigation
See what court to issue your claim in depending on the value of the claim and other factors. We look at the type of claims the specialist courts deal with and provide guidelines that need to be adhered to.
Sentencing and Punishment of Offenders Act 2012
After the Jackson Review, the Legal Services Act 2011, and implementation of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, competition for work is intense. PI lawyers must know new and unfamiliar areas.
Topics We Cover
Our PI & Clinical Negligence Experts
John McQuater
Anthony Johnson
Colm Nugent
Mark Havenhand
Brett Dixon
Latest PI & Clinical Negligence News
PI & Clinical Negligence analysis: Upon appeal, the High Court found that a claimant casual footballer paying to play a ‘knockabout’ game at school...
The Association of Consumer Support Organisations (ACSO) has reported that the government’s Compensation Recovery Unit recorded a further fall in...
Law360, London: BHP will have to pay £43m of costs on account after it was found liable for the collapse of a Brazilian dam, a London court ruled on...
PI & Clinical Negligence analysis: The High Court determined preliminary issues regarding clinical negligence. The court held that the defendant GP...
This week's edition of PI & Clinical Negligence weekly highlights includes key updates on Part 36 practice and the ‘self-contained code’ and we look...
Latest PI & Clinical Negligence Practice Notes
Legal professional privilege—cases decided from 2020This Practice Note lists cases decided in and since 2020 in the field of legal professional...
Disclosure—the contents of devicesWhy devices are potentially important in disclosureIn Pipia v BGEO Group Ltd, Mrs Justice Cockerill was dealing with...
Expert determinationExpert determination is a form of alternative dispute resolution (ADR). This Practice Note explains expert determination for...
Recovery of social security benefitsThis Practice Note explains the system for recovering social security benefits paid to claimants as a result of an...
Solicitor and client costs—procedure for assessmentThis Practice Note considers how to obtain an order for assessment, the procedure to be followed,...
Latest PI & Clinical Negligence Precedents
Letter of claim—negligent misrepresentation[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]Our reference: [insert your file reference for this...
Particulars of claim—fall on a construction site relying on the Construction (Design and Management) Regulations 2015 and the Work at Height...
Document preservation notice under Business and Property Courts Disclosure SchemeThis Precedent is a draft ‘litigation hold’ or ‘document...
Model form of order following detailed assessment and authorising a further payment to the child or protected party’s legal representatives[IN THE...
Invitation to mediate, clinical negligence or personal injury—straightforward case[insert name and address of addressee][insert date]Dear [insert...
Latest PI & Clinical Negligence Q&As
Featured PI & Clinical Negligence content
False imprisonment
False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made...
The employer’s duty of care
The employer’s duty of careThis Practice Note considers the scope of an employer’s common law duty to ensure the safety of their employees with...
Duty of care and breach in clinical negligence claims
Duty of care and breach in clinical negligence claimsThe duty of careA medical practitioner owes a duty of care to their patient. This duty is to take...
Pain, suffering and loss of amenity (PSLA)
Pain, suffering and loss of amenityValuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of...
Contributory negligence in personal injury claims
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences...
Damages in fatal accident claims
Damages in fatal accident claimsElements of a fatal accident claimThere are two different elements to a fatal accident claim:•the Law Reform...
Psychiatric injury—establishing liability
Psychiatric injury—establishing liabilityLiability for psychiatric injury is dependent in part on the nature of the injuries suffered and the manner...
Was the damage foreseeable?
Was the damage foreseeable?The concept of foreseeability and remoteness in negligence claimsEven if the claimant proves:•that the defendant acted...
Claims against the police
Claims against the policeIntroductionThe police force is a pure public authority (ie performs only public functions). Therefore, claims can be brought...
Psychiatric injury—primary victims
Psychiatric injury—primary victimsDefining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident...
Vicarious liability in the course of employment—the close connection test
Vicarious liability in the course of employment—the close connection testThis Practice Notes considers the circumstances in which the court will hold...
Misfeasance in public office
Misfeasance in public officeThe tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only...
Interest on general damages, special damages and judgment debt
Interest on general damages, special damages and judgment debtInterest on general damagesEntitlementA claimant is entitled to simple interest at a...
Claims against schools
Claims against schoolsClaims against schools by pupils can arise in a number of ways, including pupils:•being injured due to condition of...
Qualified one-way costs shifting (QOCS)
Qualified one-way costs shifting (QOCS)NOTE: the Civil Procedure (Amendment) Rules 2023, SI 2023/105, amended CPR 44.14 so that defendants can enforce...
Psychiatric injury—secondary victims—case tracker
Psychiatric injury—secondary victims—case trackerA secondary victim is someone who has suffered psychiatric injury not by being directly involved in...
Did the claimant consent to the risk of injury?
Did the claimant consent to the risk of injury?The essence of a defence of volenti non fit injuria (‘to a willing person, no injury is done’) is that...
Associated legal terms
Implementation of EU legislation
Implementation of EU legislation is the internalization of an EU legal act into the national legal systems of the member states by means of their own types of legislation (concept mostly associated with EU Directives) but implementation could also take place at EU level via implementing acts.
Offering a patented invention
The offering of a patented product is an infringement act.
Receivables purchase agreement
An agreement pursuant to which the financing of receivables is structured as a sale and purchase of the receivables.
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