12 King's Bench Walk

This Practice Note deals with the meaning of chronic pain, the different types of chronic pain, medical evidence, causation issues and quantum aspects and costs. It covers complex regional pain syndrome (CRPS) / reflex sympathetic dystrophy, chronic fatigue syndrome (also known as ME), somatic symptom disorder (somatoform disorder) and fibromyalgia (chronic widespread pain).

This Practice Note provides information on the Financial Conduct Authority test case in respect of ‘non-damage’ business interruption insurance cover for coronavirus (COVID-19) losses. It provides guidance on denial of access and disease triggers, causation, trends clauses, vicinity clauses and sanitary arrangement clauses.

This Practice Note deals with common issues which arise in clinical negligence claims relying on an allegation that treatment and/or diagnosis has been negligently delayed.

This Practice Note deals with symptomology, the date when the employer knew of the risk, limitation, medical evidence and quantum aspects.

This Practice Note deals with the causation issues which commonly occur in hand-arm vibration syndrome (HAVS) claims. Practical guidance on the best approach for dealing with this type of claim is provided including: an overview of the key case law on causation, the importance of photographic evidence, how to describe the claimant's symptoms, apportionment of liability, developments in diagnosis and the interplay with carpal tunnel syndrome.

This Practice Note outlines noise-induced hearing loss claims (NIHL) made by military service personnel. It discusses the issues and considerations that are particular to military deafness claims, as distinct from other NIHL claims.

This Practice Note outlines the key principles of mitigation and reviews the cases which have shaped the courts’ approach to assessing mitigation issues. Pertinent issues such as the private funding of medical treatment rather than NHS treatment are considered together with the consequence of a claimant’s failure to mitigate their loss.

This Practice Note provides an introduction to motor insurance, uninsured motorists and untraced drivers, making sense of Part VI of the Road Traffic Act 1988 (RTA 1988 ) and the Motor Insurers Bureau (MIB)’s Uninsured and Untraced Drivers Agreements.

This Practice Note is an introduction to the group of injuries which are caused or aggravated by forceful, repetitive and awkward movements with insufficient rest or recovery time. The disorders, which can be known by many collective terms, are commonly referred to as 'repetitive strain injuries', ‘work-related upper limb disorders’ or ‘musculo-skeletal disorders’. This Practice Note considers the best approach when preparing or defending a claim for these types of injuries.

This Practice Note reviews the statutory regulations which apply to RSI claims. The Practice Note also considers key RSI cases, which mainly focus on whether the claimant's upper limb symptoms are actionable. Finally, the leading case on limitation in RSI claims is considered.

This Precedent outlines particulars of claim where the defendant driver has caused a collision by using misleading signals.

This Precedent outlines particulars of claim for a road traffic accident which was caused by negligent overtaking.

This Precedent outlines particulars of claim where the defendant driver is alleged to have been travelling at an excessive speed.

This Precedent is for a claim against a hospital for contracting an MRSA (methicillin-resistant staphylococcus aureus) infection or other hospital related infection.

This is a precedent Particulars of Claim against an employer for damages due to noise-induced hearing loss which was incurred while the claimant worked on various building projects.

This precedent outlines a defence on behalf of an employer denying liability for their employee developing hand-arm vibration syndrome while in their employment.

This Precedent outlines a defence to a claim by a child who walked out in front of the defendant’s vehicle.

Archived: This Precedent has been archived and is not maintained. This Precedent outlines a defence to a credit hire claim for a contract which pre-dates 13 June 2014.

This is a precedent particulars of claim for a pedestrian who has been hit by a motorist driving under the influence of alcohol.

This is a precedent particulars of claim in a clinical negligence case for delayed medical treatment