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
The Department for Business & Trade (DBT) has confirmed legislative changes to the Package Travel and Linked Travel Arrangements Regulations 2018,...
PI & Clinical Negligence analysis: Defence surveillance operatives can make serious errors in producing surveillance footage and later give untrue...
The Independent Office for Police Conduct (IOPC) has published a report summarising investigations into police conduct during the Hillsborough...
PI & Clinical Negligence analysis: The defendants were ordered to pay a proportion of the claimant’s costs from the time the issue of fundamental...
Law360, London: The Chartered Institute of Legal Executives (CILEX) has won permission to appeal against the ruling known as Mazur, which affirmed...
Latest PI & Clinical Negligence Practice Notes
Use of confidential information in civil proceedingsThis Practice Note looks at the status and use of confidential information in civil proceedings...
Stay of civil proceedings—when can you apply to stay a claim?This Practice Note provides guidance on the interpretation and application of the...
Part 36 offers—deciding whether to accept a Part 36 offerThis Practice Note explains what an offeree needs to consider when deciding whether or not to...
The Serious Injury GuideIntroductionThere are a number of organisations that are committed to reforming the way claimants and defendants work together...
Summary judgment and strike out—illustrative decisionsThe general principles applicable in applications for summary judgment or to strike out a...
Latest PI & Clinical Negligence Precedents
Personal injury bare trust—childThis TRUST is made on [date]Parties1[name] of [address] acting by [name] of [address] (the Litigation Friend)...
Particulars of claim—work-related upper limb disorder caused by vibrating toolsClaim No. [insert claim no]IN THE COUNTY COURT AT [insert]Between1Mr X...
Witness statement in response to an application seeking an order declaring that the permission to serve out of the jurisdiction was obtained when the...
Witness statement in support of application for disclosure against a non-partyFiled on behalf of the [Claimant OR Defendant ]Witness statement of...
Draft order—declaring that the claimant was at fault and should not have been granted permission to serve out of the jurisdictionClaim No. [insert...
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
Free school
A (non-statutory) category of state-funded 'independent school', i.e. an academy school.
Funds
A collection of assets managed in accordance with an objective for the mutual benefit of all the investors. The investors' share in a unit-linked life or pensions fund is represented by the number of units within the fund that they have been allocated by the life company.
Takeover
This refers to the acquisition of a public company.
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