The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:
Coronavirus (Covid-19): The COVID-19 Clinical Negligence Protocol (2020) has been created to adapt clinical negligence claims handling and litigation processes during the coronavirus (COVID-19) situation. The Protocol covers limitation and extensions of time, communication, service, medical examinations, exchange of evidence, interim payments, settlement meetings and mediations, BACS payments, costs budgeting and hearings (including adjournments). It is proposed that the protocol should be reviewed every eight weeks. For details, see Practice Note: Coronavirus (COVID-19) implications for PI and clinical negligence—Case management of clinical negligence claims.
This Practice Note provides an overview of the claims procedure to be used in clinical negligence cases following service of the initial statements of case. It is limited to claims allocated to the multi-track. Although the general principles of personal injury law apply, practitioners must also be aware of the specific considerations for clinical negligence claims.
Practitioners should also be familiar with the Pre-action Protocol for Clinical Disputes. See Practice Note: The pre-action protocol for the resolution of clinical disputes—6 April 2015 onwards.
In addition, practitioners should ensure that they are compliant with the evolving requirements of costs budgeting.
See Practice Note: Cost budgets—form, content and practical considerations.
Clinical negligence litigation can be complex and lengthy. The court must actively manage these claims to ensure they are dealt with justly and at proportionate cost. Practitioners should keep in mind the obligation to help the court with this
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When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the company may want to ensure that relevant creditors quickly enter a standstill agreement to gain some breathing space to consider a restructuring
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance on
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
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