9 Gough Chambers

This Practice Note considers Part 21 of the CPR which sets out the rules relating to proceedings involving children. A child is any person under the age of 18. The rules state that unless a court has made a specific order that a child can act on their own behalf, a child cannot be involved in proceedings without the appointment of a litigation friend. This rule applies whether the child is the claimant or a defendant. The Practice Note also covers the rules relating to service of a certificate of suitability by a person wishing to act as litigation friend and provides an overview of the different types of claims involving children.

This Practice Note deals with the NHS complaints procedure, relevant legislation, local resolution and independent review by the Ombudsman, private patients and the care quality commission.

This Practice Note relates to clinical negligence claims and deals with the duty of care, the scope of the defendant’s duty, the standard of care, breach of duty, the Bolam test, junior and senior doctors and the burden of proof.

This Practice Note deals with the disclosure of medical records in clinical negligence claims. Specific issues which are considered in detail include the right to disclosure of GP and hospital records, the ownership thereof, the GDPR, the Data Protection Act 2018, the Access to Health Records Act 1990, the evidential status of medical records, disclosure, inspection, reasons for withholding inspection, disclosure against non parties and sanctions.

This Practice Note contains a list of common medical abbreviations and symbols that can be found in clinical records.

Archived: This Practice Note has been archived and is not maintained. It deals with the clinical disputes protocol, obtaining medical records, the letter of claim, the NHSLA, offers to settle, time periods, experts, ADR and costs penalties for failure to comply with the protocol.

This is a precedent particulars of claim against an employer by an employee who slipped while working in a kitchen.

This Precedent outlines the particulars of claim for a healthcare assistant who was attacked at work by a patient. The Precedent is drafted for incidents occurring post 1 October 2013 and the introduction of section 69 of the Enterprise and Regulatory Reform Act 2013. The particulars of negligence are detailed together with the breaches of statutory duty set out in the Management of Health and Safety at Work Regulations 1999 as evidence of that negligence.

This clinical negligence precedent letter of claim can be used for a claim against a General Practitioner (GP) for failing to refer a patient or it can be adapted for other similar claims against a GP.