The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:
The protocol applies to all claims where:
either the case is an employers' liability claim or a public liability claim (not a disease claim) where the claim arises from an accident occurring after 31 July 2013 or in a disease claim, no letter of claim has been sent to the defendant before 31 July 2013
which include damages in respect of personal injury
the claimant values the claim at not more than £25,000 on a full liability basis (including pecuniary losses but excluding interest)—'the upper limit'
if proceedings were started, the small claims track would not be the normal track for the claim
See Practice Note: The pre-action protocol for low value personal injury (employers' liability and public liability) claims.
The only costs allowed are:
fixed costs and
if the case settles after the Court Proceedings Pack has been sent to the defendant but before Stage 3 proceedings are issue and the case settles for more than the defendant's protocol offer then the fixed costs recovered by the claimant will include an amount equivalent to the Stage 3 Type A fixed costs
The fixed costs allowed under the EL/PL protocol are:
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Practical completion marks the end of the construction period of a project, when the works are 'finished' and the employer can occupy and/or use them. Practical completion also typically marks the start of the defects liability period/maintenance period.As explained below, practical completion is an
What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see Practice Note: Injunctions—guiding principles. However, an injunction may be sought before a party's rights have been infringed on the basis that they
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
What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of recklessness on the part of the defendant.Recklessness means unjustified risk taking on the part of the accused.Prior to the House of Lords decision in Re G
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.