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Latest PI & Clinical Negligence News

Supreme Court gives landmark judgment in coronavirus (COVID-19) business interruption test case (Financial Conduct Authority v Arch Insurance)

Supreme Court gives landmark judgment in coronavirus (COVID-19) business interruption test case (Financial Conduct Authority v Arch Insurance)

The following Commercial news provides comprehensive and up to date legal information on Supreme Court gives landmark judgment in coronavirus (COVID-19) business interruption test case (Financial Conduct Authority v Arch Insurance)

Civil Justice Council’s review of the pre-action protocols

Civil Justice Council’s review of the pre-action protocols

The following Commercial news provides comprehensive and up to date legal information on Civil Justice Council’s review of the pre-action protocols

Restatement of the principles on abuse of process in circumstances not involving res judicata or issue estoppel (Pricewaterhousecoopers LLP v BTI 2014 LLC)

Restatement of the principles on abuse of process in circumstances not involving res judicata or issue estoppel (Pricewaterhousecoopers LLP v BTI 2014 LLC)

The following Dispute Resolution news provides comprehensive and up to date legal information on Restatement of the principles on abuse of process in circumstances not involving res judicata or issue estoppel (Pricewaterhousecoopers LLP v BTI 2014 LLC)

Court of Appeal sounds warning over inadequate pleadings in GLO litigation (Prudential Assurance v Commissioners for HM Revenue and Customs)

Court of Appeal sounds warning over inadequate pleadings in GLO litigation (Prudential Assurance v Commissioners for HM Revenue and Customs)

The following Dispute Resolution news provides comprehensive and up to date legal information on Court of Appeal sounds warning over inadequate pleadings in GLO litigation (Prudential Assurance v Commissioners for HM Revenue and Customs)

Featured PI & Clinical Negligence content

False imprisonment

False imprisonment

LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public...

Qualified one-way costs shifting (QOCS)

Qualified one-way costs shifting (QOCS)

What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a...

Pain, suffering and loss of amenity

Pain, suffering and loss of amenity

Valuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of the loss of an arm or of the sense...

Past loss of earnings

Past loss of earnings

Common issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For guidance on future loss...

Practice notes

What is fundamental dishonesty?

This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and Courts Act 2015 (CJCA 2015) and the...
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9th Nov
Practice notes

Smith v Manchester awards

The nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability resulting from an injury,...
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9th Nov
Practice notes

Time limits under the Limitation Act 1980—personal injury claims

The Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits within which claimants are entitled to bring claims of various...
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9th Nov
Practice notes

Collateral benefits and double recovery

General principlesAs a general rule, a claimant must give credit for any financial gains they make that they have received as a result of their...
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9th Nov
Practice notes

Catastrophic injury claims—heads of claim

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes

Low Velocity Impact RTAs—in detail

IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes

Personal injury experts

Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...
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Produced in partnership with Ian Huckstepp of IRH Solicitors 12th Jan
Practice notes

Fraud, exaggeration and LVIs in personal injury claims

DefinitionsFraudDefined in Derry v Peek as where it is shown that:'a false representation has been made (1) knowingly, or (2) without belief in its...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes

Claims under the Consumer Protection Act 1987

Brexit: As of exit day (11 pm on 31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the...
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9th Nov
Practice notes

Future loss of earnings—personal injury claims

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25% from the previous level of minus 0.75%. The new...
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9th Nov
Practice notes

Loss of congenial employment

Nature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial employment. This award relates...
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9th Nov
Practice notes

Part 36 offers in PI and clinical negligence claims

Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For offers made prior to this,...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes

Applying for an interim payment order in personal injury claims

Timing and procedureA claimant can apply for an interim payment order after the end of the period for filing an acknowledgment of service.See Practice...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes

Fixed costs in road traffic accident claims

Pre-action protocol for low value personal injury claims in road traffic accidentsThe protocol applies to all road traffic accident (RTA)...
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9th Nov
Practice notes

The court’s power to extend the time limit—section 33 of the Limitation Act 1980

The Limitation Act 1980 is referred to as LA 1980.The power to disapply the primary limitation periodWhen dealing with personal injury claims that...
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9th Nov
Practice notes

Claims for lost years

The claim and basis for itThis type of claim is made on behalf of a living claimant whose life expectancy has been reduced as a result of the...
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9th Nov

Most recent ADR content

Practice notes

Alternative Dispute Resolution (ADR)—Jackson Reforms [Archived]

Note: This Practice Note is of largely historical interest.In January 2010 Lord Justice Jackson published his Review of Civil litigation Costs: Final...
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18th Jan
Practice notes

Challenging an expert’s determination

Expert determination is a form of alternative dispute resolution (ADR).This Practice Note provides guidance on when an expert’s determination may be...
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Produced in partnership with 4 Pump Court 18th Jan
Practice notes

Mediation-arbitration (med-arb)—an introduction

This Practice Note considers the use of mediation-arbitration (med-arb) to resolve commercial disputes.Med-arb is suitable for resolving a wide range...
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Produced in partnership with Philip Harris and Stuart Thwaites of Wright Hassall 18th Jan
Practice notes

Court ADR schemes

This Practice Note considers the pressures on the court to encourage alternative dispute resolution (ADR) and provides detail of the Small Claims...
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18th Jan
Practice notes

What is ADR?

Definition of ADRADR is described in the Glossary of the CPR as ‘a collective description of methods of resolving disputes otherwise than through the...
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18th Jan
Practice notes

Expert determination

Expert determination is a form of alternative dispute resolution (ADR). This Practice Note explains expert determination for technical or contract...
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Produced in partnership with 4 Pump Court 18th Jan
Practice notes

ADR—pre-action and post-commencement of court proceedings

This Practice Note considers the relationship between alternative dispute resolution (ADR) and the civil procedure rules (CPR), both pre-action and...
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18th Jan
Practice notes

Early Neutral Evaluation (ENE)

This Practice Note explains what early neutral evaluation (ENE) is. It provides guidance on the interpretation and application of the relevant...
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18th Jan
Practice notes

Which form of ADR?

This Practice Note may be read in conjunction with Practice Note: Comparison of forms of ADR and litigation which summarises, in tabular format, the...
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18th Jan
Practice notes

Types of dispute resolution clauses—ADR, multi-tier, hybrid and carve-out clauses

Many contracts contain dispute resolution clauses which provide an alternative to a straightforward agreement to resolve any disputes that arise by...
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18th Jan
Practice notes

Jurisdiction agreements—introduction

Brexit: The UK's departure from the EU has implications for practitioners considering which courts have jurisdiction. For guidance, see Practice Note:...
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18th Jan
tag iconBrexit
Practice notes

Drafting the ADR clause

Increasingly over the past decade, commercial contracts contain a provision stating that should a dispute arise out of the contract, the parties will...
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18th Jan
Practice notes

Brexit implementation period—settlement

This Practice Note considers the rules settlement as they will apply between the UK’s departure from the EU on 31 January 2020 and the end of the...
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18th Jan
tag iconBrexit
Practice notes

Introduction to adjudication clauses

There are an array of different types of dispute resolution clauses, providing for various mechanisms by which parties' disputes can be...
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18th Jan
Q&As

Where parties live a significant distance from one another, are they still expected to engage in mediation and if so, how and where?

Civil litigation is increasingly focussed on alternative dispute resolution (ADR). Litigators will be familiar with directions questionnaires which...
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Produced in partnership with Daniel Laking of 39 Essex Chambers 8th Jan
Practice notes

Model ADR clauses

Many of the following model ADR clauses specify that the form of ADR to resolve the dispute shall be mediation. If another form of ADR is chosen, the...
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7th Jan
Practice notes

Dispute resolution clauses—initial considerations

Why draft dispute resolution clauses into your agreement?When contracts are drafted, they should always contain a dispute resolution clause to assist...
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7th Jan
Q&As

In a consumer contract dispute, what status does an Ombudsman have in terms of alternative dispute resolution, particularly with regard any costs penalties for failure to engage in alternative dispute resolution?

ADR for consumersThe Alternative Dispute Resolution for Consumer Disputes (Amendment) Regulations 2015, SI 2015/1392 (the 'Amended Consumer ADR Regs')...
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24th Dec
Q&As

Is there any authority which indicates whether it is reasonable to refuse ADR/meditation in circumstances where—i) the defendant claims the claim is time-barred and ii) a preaction meeting/negotiation has already taken place (in compliance with the Construction and Engineering Protocol)?

When considering whether it may be reasonable to refuse ADR or mediation, it is important to consider the factors that the courts will take into...
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6th Dec
Practice notes

Executive tribunal or 'mini-trial'

Features of an executive tribunal or 'mini-trial'The executive tribunal (sometimes also called a mini-trial or supervised settlement procedure):•a...
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3rd Dec

Popular documents

LEXISNEXIS

Contract interpretation—express terms in contracts

Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made (or there may be a combination of written and oral

LEXISNEXIS

Notaries and notarisation—notarisation

The principles of the notarial act are that it is:•an act of the notary and not of the parties named in the document•a record of a fact, event or transaction•in the form of a document, notwithstanding the form of the underlying document, fact, event or transactionThe purpose of the notarial act is

LEXISNEXIS

Tort—the different types of tort

This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers' liability•product

LEXISNEXIS

Forum non conveniens—scope and application

This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to hear a dispute and is applied