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
This week’s edition of PI & Clinical Negligence weekly highlights includes a High Court decision which considers accommodation costs and how the...
Construction analysis: This is the latest instalment in a series of decisions arising out of claims by a developer (BDW) against its structural...
Law360, London: A London court has thrown out a claim against Slater and Gordon brought by 224 clients over the retainers on their personal injury...
Law360, London: The number of Russian litigants using London's commercial courts has more than doubled in the past year and could be a signal that...
This week’s edition of PI & Clinical Negligence weekly highlights includes an employer’s liability case involving a detached door handle causing a...
Latest PI & Clinical Negligence Practice Notes
Tracker—case law on out-of-court appointments of administrators and e-filingPrior to the introduction of CPR Practice Direction 51O (CPR PD 51O) (the...
Indemnity costs orders—principlesThis Practice Note considers orders for costs determined on an indemnity basis (indemnity costs orders). A court may...
Artificial intelligence (AI) resource kitThis resource kit contains a list of the key practical guidance available across Lexis+® UK that deals with...
When can you set aside a settlement agreement?This Practice Note considers the circumstances in which a settlement agreement may be set aside,...
Intellectual Property Enterprise Court—costs capping in practiceBackgroundThe Intellectual Property Enterprise Court (IPEC) is a sub-list of the...
Latest PI & Clinical Negligence Precedents
Witness statement in support of application for permission to instruct own expert to give evidence when dissatisfied with single joint expert’s...
Calderbank claimant settlement offer pre-action[ON YOUR LETTERHEAD]WITHOUT PREJUDICE SAVE AS TO COSTS[SUBJECT TO CONTRACT][Insert date][Insert name...
Standard multi-track directions—no expert evidenceClaim No.[insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF...
Model form of summary assessment order (child or protected party)[IN THE HIGH COURT OF JUSTICE[Chancery OR King’s Bench]SENIOR COURT COSTS...
Letter responding to request for consent to relief from sanctions[insert name and address of claimant or defendant or claimant's or defendant’s legal...
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...
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...
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...
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...
Identifying the correct defendant in clinical negligence claims
Identifying the correct defendant in clinical negligence claimsThe National Health Service (NHS)England and Wales have a publicly funded health...
Drafting schedules of loss in PI and clinical negligence claims
Drafting schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the...
Bringing a claim against a public authority in negligence—basis of duty
Bringing a claim against a public authority in negligence—basis of dutyWhen will a public authority owe a duty of care?The Supreme Court considered...
The Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims
The Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) ClaimsThe Pre-Action Protocol for Low Value Personal...
Smith v Manchester awards
Smith v Manchester awardsThe nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability...
Contributory negligence in road traffic accidents
Contributory negligence in road traffic accidentsNOTE: Major changes to the Highway Code came into force on 29 January 2022. The concept of a...
Is there any case law on an Article 75 insurer’s ability to avoid its liability to meet a judgment in circumstances where the claimant was travelling in a stolen vehicle? The claim made is not against the insurer of the vehicle the claimant was a passenger in but against another vehicle of which the insurers have Article 75 status.
Associated legal terms
Exempt principal trader (Code definition)
A principal trader who is recognised by the Panel as an exempt principal trader for the purposes of the Code. Principal traders must apply to the Panel in order to seek exempt status. The Panel relaxed the usual rules on concert parties afforded exempt status so as to allow multi-service financial organisations to continue both their normal dealing activities and their corporate finance advisory activities without material interference. This is subject to the relevant definitions, particularly the Notes under the definition of 'exempt principal trader', and the provisions of Rule 38 and Appendix 3 (Directors’ Responsibilities and Conflicts of Interest Guidance Note), Section 2 (Financial Advisers and Conflicts of Interest). See also Response Statement 2004/3: Market-related issues.
Gigabit passive optical network
A shared fibre network architecture that can be used for next generation access.
Good arguable case
Requirement which must be met before permission to serve outside the jurisdiction will be granted by the court.
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