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
PI & Clinical Negligence analysis: This was a claim in London by an English HGV driver seriously injured while working at a Spanish warehouse. The...
Law360, London: On April 16 2026, the High Court in Aabar Holdings S.À.R.L. and others v Glencore plc and others [2026] EWHC 1328 (Comm) confirmed...
The Courts and Tribunals Judiciary has published the outcome of the Remote Participation Review, with a suite of new guidance on remote participation...
The Chief Coroner has published Guidance No. 49, setting out the roles of the Chief Coroner and the incident coroner in responding to major incidents...
This week’s edition of PI & Clinical Negligence weekly highlights includes recent changes in HMRC mileage rates impacting travel cost calculations in...
Latest PI & Clinical Negligence Practice Notes
This Practice Note provides guidance on what a default judgment is (also referred to as judgment in default, judgment in default of acknowledgment of...
This guidance covers issues relating to the collection and searching of electronic devices, involving questions around asking who is the controller of...
This Practice Note is concerned with challenges to funding arrangements associated with retainers and considers:•what is a funding arrangement?•why...
This Practice Note considers the costs position following an application for an interim injunction, the general approach taken by the courts and in...
NOTE: the Package Travel and Linked Travel Arrangements (Amendment) Regulations 2026, SI 2026/455 come into force on 6 April 2027 and do not apply to...
Latest PI & Clinical Negligence Precedents
Filed on behalf of the claimantWitness Statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...
NOTE: The United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR) is applicable under UK law from the end of...
Filed on behalf of the [claimant OR defendant]Witness statement of [insert initial and surname of witness]Number of witness statement: [insert number...
A costs budget must be in the form of Precedent H annexed to CPR PD 3D unless the court orders otherwise. It must also be in a landscape format with...
Without prejudice, save as to costs[Sir OR Madam],[insert name of agreement]: [insert client name] and [insert counter-party name]1We refer to our...
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
Reference
A letter from a former employer to a prospective employer which provides information about an employee's employment with the former employee.
Sexual orientation discrimination
The concept that it is unlawful for an individual to discriminate against another on the grounds of his sexual orientation.
Tenancy at Will
A tenancy which arises when, with the consent of the landlord, a person occupies for an indefinite period on the basis that either party may end the arrangement on demand.
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