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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Practice notes

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Latest PI & Clinical Negligence News

Oral disclosures of personal information and the GDPR

The following Dispute Resolution news provides comprehensive and up to date legal information on Oral disclosures of personal information and the GDPR

Court of Appeal upholds decision to stay claim on grounds of forum non conveniens (Kennedy v The National Trust for Scotland)

The following Dispute Resolution news provides comprehensive and up to date legal information on Court of Appeal upholds decision to stay claim on grounds of forum non conveniens (Kennedy v The National Trust for Scotland)

Court of Appeal confirms organisation liable for employee’s data breach, even though not at fault (Wm Morrison Supermarkets plc v Various Claimants)

The following Commercial news provides comprehensive and up to date legal information on Court of Appeal confirms organisation liable for employee’s data breach, even though not at fault (Wm Morrison Supermarkets plc v Various Claimants)

A shifting axis—kindness, co-operation and civil procedure in a time of coronavirus (MS v A local authority)

The following Dispute Resolution news provides comprehensive and up to date legal information on A shifting axis—kindness, co-operation and civil procedure in a time of coronavirus (MS v A local authority)

Featured PI & Clinical Negligence content

False imprisonment

LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public...

Qualified one-way costs shifting (QOCS)

What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a...

Pain, suffering and loss of amenity

Valuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of the loss of an arm or of the sense...

Past loss of earnings

Common issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For guidance on future loss...

Practice notes

What is fundamental dishonesty?

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...

9th Nov

Practice notes

CRU certificates—recoverable benefits and lump sum payments

Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...

9th Nov

Practice notes

Psychiatric injury—primary victims

Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...

9th Nov

Practice notes

Smith v Manchester awards

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,...

9th Nov

Practice notes

Provisional damages

Background and frameworkPurpose of a provisional damages awardWhen the court makes a once and for all lump sum award, it is designed to cover both...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Catastrophic injury claims—heads of claim

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Qualified one-way costs shifting (QOCS)—case tracker

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...

9th Nov

Practice notes

Low Velocity Impact RTAs—in detail

IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Personal injury experts

Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...

Produced in partnership with Ian Huckstepp of IRH Solicitors 12th Jan

Practice notes

Fraud, exaggeration and LVIs in personal injury claims

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...

Produced in partnership with Andrew Wilson 12th Jan

Precedents

Claim against a defendant driver’s insurers holding them liable under section 151 of the Road Traffic Act 1988

Brexit: The UK’s departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...

9th Nov

Practice notes

Claims under the Consumer Protection Act 1987

Brexit: As of exit day (11 pm on 31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the...

9th Nov

Practice notes

Interest on general damages, special damages and judgment debt

Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...

9th Nov

Practice notes

Part 36 offers in PI and clinical negligence claims

Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For offers made prior to this,...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Applying for an interim payment order in personal injury claims

Timing and procedureA claimant can apply for an interim payment order after the end of the period for filing an acknowledgment of service.See Practice...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Claims for lost years

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...

9th Nov

Most recent PI & Clinical Negligence content

Precedents

Mediation statement to court, directions and example orders—clinical negligence and personal injury

Statement to court in respect of mediationI have considered the following factors in order to determine whether this case is suitable for ADR:1[The...

Produced in partnership with Marcus Weatherby of Pattinson Brewer 19th Jan

Precedents

Mediation directions and draft orders—personal injury and clinical negligence

Post-issue suggested mediation directions1[On or before [insert] the parties shall exchange lists of three neutral individuals who are available to...

Produced in partnership with Marcus Weatherby of Pattinson Brewer 19th Jan

Practice notes

Occupational stress—introduction

See also Practice Note: Occupational stress—establishing liability‘Traditional’ occupational stress claimsThese are cases where the claimant has...

19th Jan

Practice notes

What does IP completion day mean for PI & Clinical Negligence claims?

This Practice Note addresses the implications of the UK leaving the EU after the end of the implementation or transition period (IP completion day)....

19th Jan

Practice notes

Brexit post implementation period—considerations for dispute resolution practitioners

This Practice Note addresses the implications of the UK leaving the EU after the end of the implementation period, being 31 December 2020. This...

19th Jan

Practice notes

Where to start the claim

High Court or the County Court?Whether to start your claim in the High Court or the County Court is generally a question of the value of the claim....

19th Jan

Practice notes

Collective proceedings in the Competition Appeal Tribunal

Legislative reforms, which took effect on 1 October 2015, established the right to collective redress for victims of anti-competitive behaviour,...

Produced in partnership with Constantine Cannon LLP 19th Jan

Precedents

Defence alleging volenti non fit injuria in sporting injury claim

[In the High Court of JusticeORIn the COUNTY COURT AT [insert]][[Specify division]][[Specify Specialist court]][[Insert location] District...

19th Jan

Practice notes

Noise Induced Hearing Loss claims—summary of changes in the law since 1963

There have been a number of developments in the law relating to noise exposure in the workplace since 1963 when it was first officially recognised as...

Produced in partnership with Sue Brown 19th Jan

Practice notes

Clinical negligence claims—funding and costs

FundingThe usual mechanisms for funding a clinical negligence claim are:•legal aid/public funding•conditional fee agreement (CFA)•damages-based...

Produced in partnership with David Willink of Lamb Chambers 19th Jan

Practice notes

Coronavirus (COVID-19) civil court practice—illustrative decisions and FAQs

This Practice Note should be read in conjunction with Practice Notes:•Coronavirus (COVID-19) implications for dispute resolution•Coronavirus...

19th Jan

COVID-19

Practice notes

Grounds for appealing and preliminary considerations

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

19th Jan

Practice notes

Tracker—pilot schemes

Pilot schemes which are ongoingPilot schemeKey datesDetailsCPR PD 51Y—Video or audio hearings during coronavirus (COVID-19) pandemic 25 March 2020...

19th Jan

Practice notes

UK GDPR and EU GDPR—transfers of personal data internationally and to international organisations

On 31 January 2020, the UK ceased to be an EU Member State and entered a Brexit implementation period. This Practice Note introduces the general...

19th Jan

Brexit

In-house

Practice notes

Claims for lost years

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...

19th Jan

Practice notes

Adding (joinder) and substituting parties

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

19th Jan

Practice notes

Motor insurance

Brexit: The UK's departure from the EU has implications for practitioners considering road traffic accidents. This Practice Note is in the process of...

18th Jan

Q&As

An application for permission to appeal a District Judge's decision was refused by a Circuit Judge after an oral hearing. What is the further route of appeal, if any?

Appeals in cases governed by the CPR are dealt with procedurally in CPR 52 and the various associated practice directions.CPR 52.4 provides that where...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 18th Jan

Practice notes

Findings, determinations and conclusions of an inquest

A coroner (or a jury where there is one) is required to make a determination at the end of an inquest of the matters which were ascertained from the...

Produced in partnership with James Robottom of 7BR 18th Jan

COVID-19

Q&As

Where a case proceeds in the small claims track, what is the process for a party to make an amendment to their statement of case—is this governed by the usual rules under CPR 17?

The rules governing small claimsCPR 27 deals with cases allocated to the small claims track and, to a large extent, it is entirely separate from the...

Produced in partnership with James Tunley of Lamb Chambers 18th Jan