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
This week's edition of PI & Clinical Negligence weekly highlights includes an analysis of a Court of Appeal decision on the court’s power to grant...
Law360, London: AerCap is seeking £81m in costs in the dispute over hundreds of aircraft stranded in Russia after the 2022 invasion of Ukraine,...
PI & Clinical Negligence analysis: In a significant High Court ruling, a claim for contribution against a volunteer-run organisation responsible for...
PI & Clinical Negligence analysis: In an appeal heard by Mr Justice Bourne, the High Court held that the arrests of a married couple, both of whom...
The Ministry of Justice (MoJ) has announced the introduction of the Public Office (Accountability) Bill to Parliament. The legislation would create a...
Latest PI & Clinical Negligence Practice Notes
Solicitor and client costs—applications for deliveryThis Practice Note provides guidance on when and why delivery of a bill is sought, how to apply...
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and their impact on costs and fundingThis Practice Note...
Costs protection in environmental mattersOriginally produced in partnership with Landmark ChambersThe reason for special costs protection measures in...
Challenging funding arrangements—general principlesThis Practice Note is concerned with challenges to funding arrangements associated with retainers...
Damages claims pilot scheme—CPR PD 51ZBThis Practice Note considers CPR PD 51ZB, which deals with a pilot scheme to test an online claims process for...
Latest PI & Clinical Negligence Precedents
Case management—Ministry of Justice standard directions and model paragraphsClaim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND...
Letter to client explaining the case management conference (CMC)Dear [client name][insert reference]—case management conferenceAs you are aware, a...
Particulars of claim—breach of contractClaim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES...
Letter of claim—claim for money had and received[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]Our reference: [insert your file reference for this...
Defence alleging volenti non fit injuria in sporting injury claim[In the High Court of JusticeORIn the COUNTY COURT AT [insert]][[Specify...
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
Beckmann indemnity clause
These clauses may be used in an APA to protect the buyer against the risk that certain occupational pension liabilities may pass to it under the TUPE, as a result of the case law originating from Beckmann v Dynamco Whicheloe Macfarlane Ltd Case C-164/00 [2002] OPLR 289.
CI
Conventional Island: That part of a nuclear plant that does not form part of the nuclear island. The conventional island is sub-divided into the turbine generator (i.e. the plant that converts the nuclear steam into electricity) and everything else that needs to be designed, constructed and tested to complete the conventional island i.e. the balance of conventional island.
Legacy
The nuclear legacy is represented by: (a) the nuclear sites and facilities operated by UKAEA and BNFL which were developed between the 1940s and the 1960s, including the wastes, materials and spent fuels they produced; and (b) the Magnox fleet of nuclear power stations designed and built in the 1960s and 1970s and operated on the Government’s behalf by BNFL, and the plant and facilities at Sellafield used for the reprocessing of Magnox fuel as well as all associated wastes and materials.
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