This Practice Note covers alternative dispute resolution and specific considerations in clinical negligence matters. It considers the pre-action protocols, model directions, mediation and practical tips. It also looks at the pros and cons of ADR and when it is appropriate.
This precedent can be used by claimant or defendant representatives when requesting costs budgeting information from their expert.
This Precedent is a detailed letter of instruction to a medical expert in a personal injury matter requesting a medical report dealing with any relevant pre-accident medical history, the injuries sustained, treatment received and present condition, dealing in particular with the capacity for work and giving a prognosis. It includes specific scenarios by way of example but can be adapted for the particular circumstances of the case.
This Precedent letter is an invitation to engage in mediation planning, including narrowing issues and disclosure.
This letter is an invitation to mediate, or engage in other ADR, in the context of a straightforward clinical negligence or personal injury case.
This Precedent comprises a series of invitations to mediate at various stages of a clinical negligence or personal injury matter, for instance pre- and post-issue, post-case management conference and pre-trial.
This precedent letter is to an expert in a personal injury matter advising them of an upcoming case management conference (CMC) for the purposes of obtaining costs budgeting information and setting the court timetable
This Precedent letter is to an expert in a personal injury matter advising them of the outcome of a case management conference (CMC) and of the timetable for the case.
This precedent is a letter of instruction to a costs draftsman which sets out all the details required to prepare a costs budget in a clinical negligence claim.
This Precedent letter is to advise your client in a clinical negligence or personal injury matter about what they can expect from a mediation.
This Precedent letter is to an expert in a personal injury matter regarding expert discussions. It sets out the purpose of the discussions and the experts duties along with guidance and advice on format of the discussions.
This precedent can be used by either claimant or defendant representatives when requesting costs budgeting information from their expert.
This Precedent is for post-issue suggested mediation directions and provision for mediation within costs budget.
This Precedent is for a statement to court in respect of mediation.
This Checklist guides practitioners through the process of instructing and expert in personal injury and clinical negligence matters. It breaks down the claim by stages and covers the relevant duties and obligations at each stage of the litigation.
Mediation is often an effective form of alternative dispute resolution in clinical negligence matters (and some personal injury matters generally). This checklist provides information on the format of mediations and practical guidance to help ensure the success of a mediation.
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