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
The Online Procedure Rule Committee (OPRC) has published a summary of responses to its consultation on the draft Online Procedure (Core Rules and...
Dispute Resolution analysis: The Court of Appeal confirmed that a bill of costs is not rendered invalid merely because it omits an express statement...
Law360, London: A group of workers suing Dyson over alleged forced labour when they made components at Malaysian factories have settled their claim...
PI & Clinical Negligence analysis: In the first major change to the Rehabilitation Code since the 2015 update, an Addendum drafted by a cross-industry...
Dispute Resolution analysis: Expert determination clauses typically provide for narrow grounds to challenge the expert’s determination, often limited...
Latest PI & Clinical Negligence Practice Notes
NOTE: On 2 December 2024, the Lord Chancellor announced that the discount rate would change to positive 0.5%. The positive 0.5% discount rate is...
OverviewIn civil proceedings, surveillance evidence is most commonly used by defendants in personal injury claims. Its aim is to show any difference...
Any claim in connection with a fatality will be based on either or both:•the Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A 1934), which...
NOTE: The Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents (the RTA Small Claims Protocol)...
Under CPR 3.4(2)(a), the court may strike out a statement of case if it appears to the court ‘that the statement of case discloses no reasonable...
Latest PI & Clinical Negligence Precedents
IN THE [INSERT COURT] COURTClaim No [claim number]BETWEEN:—[CLAIMANT’S NAME] Claimantand[DEFENDANT’S...
<section><section><p>Precedent R is a costs precedent. There is no formal requirement to use Precedent R but</p></section></section>
Filed on behalf of the claimantWitness Statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...
Filed on behalf of the claimantWitness Statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...
[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]][Specify division][Specify specialist...
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
Common base stations
A single channel base station for private business radio (PBR) shared by users (also known as a community repeater); or a PBR installation giving wide area coverage under the control of one or more communications providers offering mobile communications on a commercial basis to a number of independent (usually business) users.
Deemed buy-back
This allowed a person who has been a member of a contracted-out scheme to be fully or partly reinstated into the State additional pension (SERPS and/or State Second Pension) for the period during which they were contracted out.
Domestic abuse interdict
An interdict that a court determines is a domestic abuse interdict in terms of Domestic Abuse (Scotland) Act 2011 asp 13.
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