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
The Master of the Rolls has announced updated guideline hourly rates for solicitors, effective in England and Wales from 1 January 2026, implementing...
Practice Directions for the UK Supreme Court (UKSC) and the Judicial Committee of the Privy Council (JCPC) were amended on 22 December 2025. The...
PI & Clinical Negligence analysis: In a personal injury claim, the court was faced with an application by the claimant to rely on a covert recording...
Law360, London: Getty Images Inc on 16 December 2025 won its application to revive part of its copyright infringement claim against Stability AI Ltd,...
Law360, London: On 17 December 2025, lawyers for more than 640,000 individuals argued at court that BHP should pay out £189m (US$254m) of their legal...
Latest PI & Clinical Negligence Practice Notes
Conducting an appeal in the Court of AppealThis Practice Note gives guidance on conducting an appeal in the Court of Appeal under Part 52 of the CPR...
Starting an appeal in the Court of AppealThis Practice Note contains guidance to the provisions contained within CPR PD 52C (Appeals to the Court of...
Civil appeals—court specific guidanceAppeals—court guidesThe parties to any appeal must comply with the rules applicable to their appeal. The...
Affidavits and witness statements supporting interim applicationsThis Practice Note provides guidance on evidence used in support of interim...
Grounds of appeal—introducing new evidenceWhen will an appeal be allowed?The appeal court will only allow an appeal where the decision of the lower...
Latest PI & Clinical Negligence Precedents
Draft Settlement agreement—pre-action settlement_____________________________________[DRAFT ]SETTLEMENT AGREEMENT—pre-action settlement[WITHOUT...
Draft Settlement agreement—for settling disputes post-commencement of proceedings_____________________________________[DRAFT ]SETTLEMENT AGREEMENT...
Affidavit responding to an application to inspect privileged documents[DETAILS OF DEPONENT ETC.]IN THE [COURT]Claim no.: [insert claim...
Letter of claim—contractual debt claim[ON THE HEADED NOTEPAPER OF THE CLAIMANT’S SOLICITORS]Our reference: [insert your file reference for this...
Draft letter concerning privileged material inadvertently sent to opponentDear [insert organisation name]We write to inform you that [we OR our...
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
Employment status
Employment status is a contractual state outlining how the employee is related to the employer, which determines their rights and their employer's responsibilities in regard to them.
MTPAS
Mobile Telephone Preference Access Service
Public sector transfer arrangements
Arrangements of the transfer club to which schemes in the public sector belong. A transfer club is formed where several schemes agree to a common basis of transfer payments.
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