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
Dispute Resolution analysis: The Court of Appeal dismissed an appeal against a ‘no order as to costs’ ruling made after the defendant had successfully...
HM Courts & Tribunals Service (HMCTS) has published a summary of enhancements to the Standard Directions Order (SDO) process, which are now live in...
Public Law analysis: This decision clarifies the scope of the positive obligations arising under Article 3 of the European Convention on Human Rights...
The Court of Appeal allowed a second appeal and reinstated the costs judge’s case management decision refusing to strike out non-compliant points of...
Construction analysis: This decision is the first reported judgment on section 149 of the Building Safety Act 2022 (BSA 2022) and provides important...
Latest PI & Clinical Negligence Practice Notes
This Practice Note looks at the points of dispute and reply required for the detailed assessment procedure. It explains what points of dispute and...
This new starter guide is one of two Personal Injury—new starter guides. This guide provides a general introduction to personal injury (PI) practice...
This Practice Note explains how the conditional fee regime operates for personal injury and clinical negligence matters including:•what a conditional...
This new starter guide is a must-read for claimant and defendant lawyers starting out in clinical negligence practice. It provides an introduction to...
FundingThe usual mechanisms for funding a clinical negligence claim are:•legal aid/public funding•conditional fee agreement (CFA)•after the event...
Latest PI & Clinical Negligence Precedents
A: General informationMatter referenceClient nameDate of cause of actionType of claim, eg RTA, employer’s liability, clinical negligenceBrief...
[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT LOCATION] DISTRICT REGISTRY]Claim...
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]Our reference: [insert your file reference for this matter]FAO [RELEVANT NAME][NAME OF PROPOSED...
Dear [insert organisation name]WITHOUT PREJUDICE SAVE AS TO COSTSThis is a claimant’s offer, made pursuant to CPR Part 36. If the offer is accepted...
Dear [insert organisation name]We write in response to your letter of [insert date] concerning documents you sent to us on [insert date], which you...
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
Application to re-register—public to unlimited
An application for re-registration from public to unlimited will be made on a Companies House form RR07.
Loan to own
The practice of acquiring debt with a view to converting it into equity (ie shares) in the target company.
Pension Service, The
A part of the Department for Work and Pensions. Responsible for administering and paying the state pension.
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