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 a Court of Appeal decision which held that it could enforce compliance with...
Law360, London: A recent High Court judgment exposed how nonexistent artificial intelligence-generated citations had been used in legal arguments—but...
HM Courts and Tribunals Service (HMCTS) has updated the Damages Claims Portal (DCP) issue to response guidance for claims proceeding under CPR PD...
The All-Party Parliamentary Group (APPG) for Acquired Brain Injury and UK Acquired Brain Injury Forum (UKABIF) has published a report quantifying the...
PI & Clinical Negligence analysis: Claims by factory workers for contracting COVID-19 during the pandemic have been reinstated as a result of a...
Latest PI & Clinical Negligence Practice Notes
Mental capacity in personal injury claimsDefining mental capacityA person lacks capacity in relation to a matter if, at the relevant time, they are...
Costs assessment—basis of assessmentThis Practice Note explains the differences between the assessment of costs on the standard basis compared to the...
Indemnity costs permitted—illustrative decisionsThis Practice Note contains details of costs judgments where the court has made an order for indemnity...
Summary judgment—principles of approachThis Practice Note sets out the court’s general approach when considering applications for summary judgment....
Reserved judgmentsWhat is a reserved judgment?A court can reserve judgment by giving its decision at a later date in writing, after the trial or...
Latest PI & Clinical Negligence Precedents
Letter to witnessOur Client: [Insert name of claimant or defendant]Accident on [insert date]We are instructed by [insert name of claimant or...
Letter to client—enclosing amended statementThank you for returning your draft amended statement.I have prepared a further statement incorporating...
Letter to client—what happens at a mediation and preparing for itPRIVATE & CONFIDENTIAL[Insert name and address of client][Insert date]Dear [Insert...
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...
Mediation Notice—pursuant to a dispute resolution clausePrivate & confidential[Insert name and address of other party's solicitors][Insert date]Dear...
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
Radioactive Waste
Radioactive materials at the end of a useful life cycle or in a product that is no longer useful and should be properly disposed of.
Stock transfer form
A company may only register a transfer of certificated shares if a 'proper instrument of transfer' has been delivered to it (CA 2006, s 770). The form that an instrument of transfer takes is governed by the Stock Transfer Act 1963 (STA 1963) and the articles of association of the company whose shares are being transferred. If the STA 1963 applies, a company's shares may be transferred using the stock transfer form it specifies, rather than any provided for in the company's articles of association. However, the STA 1963 does not invalidate instruments of transfer that would otherwise satisfy the requirements of a company's articles of association.
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