About PI & Clinical Negligence
In the wake of the Jackson Review and the Legal Services Act 2011 and the forthcoming implementation of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, the competition for personal injury work is more intense than ever. Personal injury lawyers of all kinds are under immense pressure not only to turn work around faster, but expand into what might be new and unfamiliar areas (e.g. clinical negligence or occupational disease).
Establishing legal liability
Key practice note looking at the courts’ approach when deciding if a duty of care is owed by the defendant, including claims for novel situations, psychiatric injury, omissions and claims involving public authorities.
Types of claim
This content deals with the duty of care owed by road users to others in road traffic accidents, including car drivers or motorists, passengers, pedestrians, cyclists and the standard of care.
Litigation
See what court to issue your claim in depending on the value of the claim and other factors. We look at the type of claims the specialist courts deal with and provide guidelines that need to be adhered to.
Sentencing and Punishment of Offenders Act 2012
After the Jackson Review, the Legal Services Act 2011, and implementation of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, competition for work is intense. PI lawyers must know new and unfamiliar areas.
Topics We Cover
Our PI & Clinical Negligence Experts
John McQuater
Anthony Johnson
Colm Nugent
Mark Havenhand
Brett Dixon
Latest PI & Clinical Negligence News
Practice Directions for the UK Supreme Court (UKSC) and the Judicial Committee of the Privy Council (JCPC) were amended on 22 December 2025. The...
PI & Clinical Negligence analysis: In a personal injury claim, the court was faced with an application by the claimant to rely on a covert recording...
Law360, London: Getty Images Inc on 16 December 2025 won its application to revive part of its copyright infringement claim against Stability AI Ltd,...
Law360, London: On 17 December 2025, lawyers for more than 640,000 individuals argued at court that BHP should pay out £189m (US$254m) of their legal...
The Ministry of Justice (MoJ) has confirmed that it will introduce legislation to guarantee access to third-party litigation funding for individuals...
Latest PI & Clinical Negligence Practice Notes
Preparing for an application hearing in the Chancery DivisionNOTE: with effect from 1 January 2026, the Financial List in the Chancery Division is...
Stay of civil proceedings—when can you apply to stay a claim?This Practice Note provides guidance on the interpretation and application of the...
Claims against schoolsClaims by pupils against schools can be brought in negligence and/or for breach of statutory duty. Particular issues arise when...
Litigation funding reform—from Jackson to PACCAR and beyondThere have been numerous reviews of different aspects of litigation funding and proposals...
Cross-border service—jurisdictional gateway 16A (declaration of non-liability)This Practice Note considers the jurisdictional gateway or ground for...
Latest PI & Clinical Negligence Precedents
Particulars of claim—fatal mesothelioma claim (Factories Act 1937, Factories Act 1961, Asbestos Industry Regulations 1931, Asbestos Regulations 1969,...
Defence by an employer denying liability for their employee developing hand-arm vibration syndromeIN THE COUNTY COURT AT [INSERT LOCATION]CLAIM NO....
Schedule of loss—multi track[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT LOCATION] DISTRICT...
Particulars of claim—work-related carpal tunnel syndrome caused by vibrating toolsClaim No. [insert claim no]IN THE COUNTY COURT AT [insert]Between1Mr...
Claim against a care home for pressure sore injuryIN THE [COUNTY COURT AT [Insert] OR HIGH COURT]Claim No. [Insert claim number]Parties:[Mrs Jane...
Latest PI & Clinical Negligence Q&As
Featured PI & Clinical Negligence content
False imprisonment
False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made...
The employer’s duty of care
The employer’s duty of careThis Practice Note considers the scope of an employer’s common law duty to ensure the safety of their employees with...
Duty of care and breach in clinical negligence claims
Duty of care and breach in clinical negligence claimsThe duty of careA medical practitioner owes a duty of care to their patient. This duty is to take...
Pain, suffering and loss of amenity (PSLA)
Pain, suffering and loss of amenityValuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of...
Contributory negligence in personal injury claims
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences...
Damages in fatal accident claims
Damages in fatal accident claimsElements of a fatal accident claimThere are two different elements to a fatal accident claim:•the Law Reform...
Psychiatric injury—establishing liability
Psychiatric injury—establishing liabilityLiability for psychiatric injury is dependent in part on the nature of the injuries suffered and the manner...
Was the damage foreseeable?
Was the damage foreseeable?The concept of foreseeability and remoteness in negligence claimsEven if the claimant proves:•that the defendant acted...
Claims against the police
Claims against the policeIntroductionThe police force is a pure public authority (ie performs only public functions). Therefore, claims can be brought...
Psychiatric injury—primary victims
Psychiatric injury—primary victimsDefining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident...
Vicarious liability in the course of employment—the close connection test
Vicarious liability in the course of employment—the close connection testThis Practice Notes considers the circumstances in which the court will hold...
Misfeasance in public office
Misfeasance in public officeThe tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only...
Interest on general damages, special damages and judgment debt
Interest on general damages, special damages and judgment debtInterest on general damagesEntitlementA claimant is entitled to simple interest at a...
Claims against schools
Claims against schoolsClaims against schools by pupils can arise in a number of ways, including pupils:•being injured due to condition of...
Qualified one-way costs shifting (QOCS)
Qualified one-way costs shifting (QOCS)NOTE: the Civil Procedure (Amendment) Rules 2023, SI 2023/105, amended CPR 44.14 so that defendants can enforce...
Psychiatric injury—secondary victims—case tracker
Psychiatric injury—secondary victims—case trackerA secondary victim is someone who has suffered psychiatric injury not by being directly involved in...
Did the claimant consent to the risk of injury?
Did the claimant consent to the risk of injury?The essence of a defence of volenti non fit injuria (‘to a willing person, no injury is done’) is that...
Associated legal terms
Action for price
Where there has been a breach of contract for a contract of sale, the seller may sue the buyer for the price of the goods.
De-designate / Dedesignation
The formal process under the Energy Act 2004 by which a Designating Direction is revoked or amended by the Secretary of State so that an installation, site or facility (or part of an installation, site or facility) is no longer subject to that Designating Direction.
Funding agreement
An agreement between a funder and the employer to advance finance in relation to a construction project.
CONTACT US
