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
HM Courts & Tribunals Service (HMCTS) has published a form which must be completed when making an application out of hours in the Court of Appeal...
Law360, London: Thousands of ex-servicemen and women resumed their legal battle on 6 October 2025 for compensation over noise-induced hearing loss...
Dispute Resolution analysis: This is a judgment in a highly unusual case in which, in order to avoid being liable for damages and costs on the...
Arbitration analysis: In VXJ v FY, RH & XL, the Commercial Court refused an application by VXJ for court assistance under sections 43 and 44 of the...
Law360, London: A new pilot programme in the Commercial Court that would push more key case documents into the public eye could drive...
Latest PI & Clinical Negligence Practice Notes
Indemnity costs permitted—illustrative decisionsThis Practice Note contains details of costs judgments where the court has made an order for indemnity...
Indemnity costs orders—principlesThis Practice Note considers orders for costs determined on an indemnity basis (indemnity costs orders). A court may...
Commonly made costs ordersThis Practice Note sets out in table format the types of costs orders the court will most commonly make in proceedings...
Reserved judgments—purpose and restrictionsThis Practice Note explains the purpose of a reserved judgment and the restrictions attached to the receipt...
Permission to appeal—preliminary considerationsThis Practice Note provides guidance on permission to appeal (PTA) under Part 52 of the CPR. For...
Latest PI & Clinical Negligence Precedents
Precedent R—costs budget discussion reportPrecedent R is a costs precedent. There is no formal requirement to use Precedent R but parties are...
Mediation directions and draft orders—personal injury and clinical negligencePost-issue suggested mediation directions1[On or before [insert] the...
Letter to expert requesting costs budgeting informationDear [expert’s name]Re: [Client’s name]Address: [Insert address]Date of Birth: [Insert date of...
Invitation to mediate, clinical negligence or personal injury—straightforward case[insert name and address of addressee][insert date]Dear [insert...
Letter of claim against GP for failing to referToDefendantDear [insert organisation name]Letter of Claim[insert claimant’s name] v [insert defendant’s...
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
Annulment of bankruptcy order
An order of the court which reverses the effect of a bankruptcy order so that it is broadly treated as if it had never been made.
Customer premises equipment
Sometimes referred to as customer apparatus or consumer equipment, being equipment on consumers’ premises which is not part of the public electronic communications network and which is directly or indirectly attached to it.
NAO
National Audit Office: The NAO audits most public-sector bodies in the UK (including the NDA) and produces value-for-money reports into the implementation of Government policies.
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