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 an RTA involving a mixed claim for personal injury and losses caused by negligence (directly or indirectly...
The Official Injury Claim has published its quarterly service data for the period of 1 October to 31 December 2024. This latest release includes...
The Courts and Tribunals Judiciary (CATJ) has published a comprehensive report detailing non-responses to Prevention of Future Death (PFD) reports for...
The Government Actuary's Department has published an update to the Ogden Tables, specifically revising the Additional Tables to include multipliers at...
This week's edition of PI & Clinical Negligence weekly highlights includes an announcement from the Master of the Rolls regarding a change to...
Latest PI & Clinical Negligence Practice Notes
Online dispute resolution and the online courtThis Practice Note considers the use of online dispute resolution (ODR) in civil proceedings in England...
Choosing an expertThis Practice Note should be read in conjunction with:•Practice Notes: Expert evidence—general considerations, Applying for...
Tracker—legislation, consultations and other developments—Dispute ResolutionThis Tracker considers key forthcoming legislative changes of interest to...
Evidence—status, use and admissibility of witness statements and other factual mattersThis Practice Note provides guidance on the status of witness...
Adjourning trial—illustrative decisionsThis Practice Note provides illustrative decisions of cases in which applications to adjourn trials have been...
Latest PI & Clinical Negligence Precedents
Calderbank defendant settlement offer pre-action[ON YOUR LETTERHEAD]WITHOUT PREJUDICE SAVE AS TO COSTS[SUBJECT TO CONTRACT][Insert date][Insert name...
Calderbank claimant settlement offer pre-action[ON YOUR LETTERHEAD]WITHOUT PREJUDICE SAVE AS TO COSTS[SUBJECT TO CONTRACT][Insert date][Insert name...
Mediation Notice—no contract or dispute resolution clauseWithout prejudice save as to costs[Insert name and address of other party's...
Calderbank defendant settlement offer post-issue[ON YOUR LETTERHEAD]WITHOUT PREJUDICE SAVE AS TO COSTS[SUBJECT TO CONTRACT][Insert date][Insert name...
Draft Settlement agreement—pre-action settlementThis Agreement is made the day of 20[insert year]Parties:1[insert name of party], a company registered...
Latest PI & Clinical Negligence Q&As
Featured PI & Clinical Negligence content
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...
False imprisonment
False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made...
Pain, suffering and loss of amenity
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...
Psychiatric injury—secondary victims
Psychiatric injury—secondary victimsWhat is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the...
Whiplash or soft tissue injury claims
Whiplash or soft tissue injury claimsNOTE: The Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents...
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 testTo identify the circumstances in which a court may find an employer to be...
Past loss of earnings
Past loss of earningsCommon issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For...
EL/PL claims in the portal—a practical guide (Stage 1)
EL/PL claims in the portal—a practical guide (Stage 1)This Practice Note provides an overview of the Pre-Action Protocol for Low Value Personal Injury...
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...
Qualified one-way costs shifting (QOCS)
Qualified one-way costs shifting (QOCS)What is QOCS?QOCS was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of...
Occupiers’ liability claims—lawful visitors
Occupiers’ liability claims—lawful visitorsBackgroundThe Occupiers’ Liability Act 1957 (OLA 1957) was enacted to provide for a ‘common duty of care’...
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...
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...
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...
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...
Credit hire—an introduction
Credit hire—an introductionReplacement vehicles and hire generallyWhere a driver’s vehicle has suffered damage in an accident sufficient for it to...
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...
Associated legal terms
preparatory hearing
a hearing forming part of the trial sometimes used in long and complex cases to settle various issues without requiring the jury to attend;
Prescribed market
A market which for the purposes of chapter 5 of the Disclosure Guidance and Transparency Rules (DTR 5), is established under the rules of a UK recognised investment exchange.
Radiation Protection
The protection of people from the harmful effects of ionising radiation.
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