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).

LexisPSL Personal Injury is the only place where you can find all the latest practice notes, legislation, commentary, forms and precedents you need together online. Liability, quantum and procedure, all in one package.

Our clear, concise practice notes give you a succinct overview of each legal area – with direct links for deeper research to Butterworths Personal Injury and Litigation Service, All England Law Reports, Munkman on Damages and Binghams & Berrymans Personal Injury and Motor Claims Cases. We have thousands of quantum cases in one easy-to-search database, with new cases added every week. Plus 20 quantum calculators that can run highly complex calculations for you in minutes (not hours).

LexisPSL Personal Injury also comes with other time-saving tools, like medical drawings and dictionaries to keep you on the right track. And news alerts from senior PI experts, sharing their personal wisdom and practical tips (not just the bare transcript). So you can find everything you need in one place, with less research time. And take on new work, in new areas, with real confidence.

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Featured PI & Clinical Negligence content

Practice notes
This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and Courts Act 2015 (CJCA 2015) and the...
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9th Nov
Practice notes
Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
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9th Nov
Practice notes
The nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability resulting from an injury,...
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9th Nov
Practice notes
The Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits within which claimants are entitled to bring claims of various...
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9th Nov
Practice notes
General principlesAs a general rule, a claimant must give credit for any financial gains they make that they have received as a result of their...
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9th Nov
Practice notes
The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach of duty), and•that the...
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9th Nov
Practice notes
To identify the circumstances in which a court may find an employer to be vicariously liable for a tort committed by an employee it is useful to trace...
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Produced in partnership with Andrew Wilson 9th Nov
Practice notes
This case tracker considers case law in relation to qualified one-way costs shifting (QOCS) in order to provide some guidance on how the courts are...
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9th Nov
Practice notes
IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...
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Produced in partnership with Andrew Wilson 9th Nov
Practice notes
DefinitionsFraudDefined in Derry v Peek as where it is shown that:'a false representation has been made (1) knowingly, or (2) without belief in its...
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Produced in partnership with Andrew Wilson 9th Nov
Practice notes
Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...
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9th Nov
Practice notes
NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25% from the previous level of minus 0.75%. The new...
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9th Nov
Practice notes
The tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only available against public...
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9th Nov
Practice notes
Nature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial employment. This award relates...
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9th Nov
Practice notes
The Limitation Act 1980 is referred to as LA 1980.The power to disapply the primary limitation periodWhen dealing with personal injury claims that...
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9th Nov
Practice notes
The claim and basis for itThis type of claim is made on behalf of a living claimant whose life expectancy has been reduced as a result of the...
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9th Nov

Most recent PI & Clinical Negligence content

Q&As
Hourly ratesSolicitors can charge any hourly rate they wish for their services. However, they will not necessarily recover those rates at a costs...
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28th Nov
Q&As
Amending a statement of caseA party can amend its statement of case after it has been served:•with the written consent of all the parties (CPR...
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28th Nov
Q&As
A judgment registration can only be removed from the register if it was:•entered in error•paid before the court date•cancelled due to full payment...
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28th Nov
Q&As
If a default judgment has already been entered and the defendant wishes to defend the claim, an application should be made to set it aside. Under CPR...
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28th Nov
Q&As
Solicitors can charge any hourly rate they wish for their services. However, they will not necessarily recover those rates at a costs assessment. The...
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28th Nov
Q&As
This Q&A sets out the wording for rule 6.33, as amended by Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019, SI 2019/521, reg 4, and...
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28th Nov
Q&As
The legal and contractual principles under which a video conference (VC) mediation is conducted (eg without prejudice, confidentiality, privilege etc)...
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Produced in partnership with Chris Fitton, mediator of IPOS Mediation 28th Nov
Q&As
Privilege and confidentialityPrivilege is a special protection afforded to communications between lawyers (and in certain circumstances, third...
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Produced in partnership with Jonathan Edwards of Radcliffe Chambers 28th Nov
Q&As
This Q&A refers to service of a document, other than the claim form, in the jurisdiction.When seeking to serve the document, the relevant procedural...
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28th Nov
Q&As
In answering this Q&A we have assumed that this is a civil action and the issue arises due to a freezing injunction having been ordered. We also...
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28th Nov
Q&As
Circumstances in which a stay can be liftedThe court's power to stay proceedings may be exercised under particular statutory provisions, under the...
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28th Nov
Q&As
Amending a statement of case pursuant to CPR 17CPR 17.1(1) states:‘A party may amend his statement of case at any time before it has been served on...
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28th Nov
Q&As
Track allocation is governed by CPR 26.5–CPR 26.10. For the purposes of this question, it is assumed that specific exclusions in relation to track...
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Produced in partnership with Daniel Laking of 39 Essex Chambers 28th Nov
Q&As
It has been assumed in this Q&A that the question is referring to a witness summons to be issued in relation to a trial which will start in less than...
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28th Nov
Q&As
Unfortunately, we are unaware of any general guidance regarding the 'reasonable copying costs' requirement under CPR 31.15.Apart from CPR 31.15(c),...
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28th Nov
Q&As
ServiceService of the claim form on an individual can be effected by various methods, including leaving it with the individual and leaving it at the...
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Produced in partnership with David Willink of Lamb Chambers 28th Nov
Q&As
The 10% increase in general damages in all civil claims decided after 1 April 2013 does not apply if the case is funded by way of a pre-commencement...
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28th Nov
Q&As
The answer to this query may be found in Schedule 1 to the Civil Proceedings Fees (Amendment) Order 2014 (SI 2014/874), the relevant part of which...
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28th Nov

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