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Latest PI & Clinical Negligence News

Commercial Court strikes out £58m unlawful means conspiracy claim (King v Stiefel)

The following Dispute Resolution news provides comprehensive and up to date legal information on Commercial Court strikes out £58m unlawful means conspiracy claim (King v Stiefel)

Contracts—‘Reasonable detail’ in notice clause determined by business purpose (Dodika Ltd and others v United Luck Group Holdings Ltd)

The following Commercial news provides comprehensive and up to date legal information on Contracts—‘Reasonable detail’ in notice clause determined by business purpose (Dodika Ltd and others v United Luck Group Holdings Ltd)

The impact of coronavirus (COVID-19) on civil litigation in England and Wales one year on—a mediator’s perspective

The following Construction news provides comprehensive and up to date legal information on The impact of coronavirus (COVID-19) on civil litigation in England and Wales one year on—a mediator’s perspective

Case Management—trying two claims together (Al Sadeq v Dechert-Quzmar v Dechert)

The following Dispute Resolution news provides comprehensive and up to date legal information on Case Management—trying two claims together (Al Sadeq v Dechert-Quzmar v Dechert)

Featured PI & Clinical Negligence content

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...

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...

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)...

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...

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...

9th Nov

Practice notes

Misfeasance in public office

The tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only available against public...

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...

9th Nov

Practice notes

Interest on general damages, special damages and judgment debt

Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...

9th Nov

Precedents

Claim against a defendant driver’s insurers holding them liable under section 151 of the Road Traffic Act 1988

Brexit: The UK’s departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...

9th Nov

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...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Vicarious liability in the course of employment—the close connection test

To identify the circumstances in which a court may find an employer to be vicariously liable for a tort committed by an employee it is useful to trace...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Was the damage foreseeable?

The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach of duty), and•that the...

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...

9th Nov

Practice notes

Provisional damages

Background and frameworkPurpose of a provisional damages awardWhen the court makes a once and for all lump sum award, it is designed to cover both...

Produced in partnership with Andrew Wilson 12th Jan

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...

9th Nov

Practice notes

CRU certificates—recoverable benefits and lump sum payments

Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...

9th Nov

Practice notes

Psychiatric injury—secondary victims

What is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...

Produced in partnership with Andrew Wilson 12th Jan

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...

9th Nov

Practice notes

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...

9th Nov

In-house

Practice notes

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...

9th Nov

Most recent ADR content

Practice notes

Drafting a dispute resolution clause

As seen in Practice Note: Dispute resolution clauses—what and why, it is generally seen as being advantageous to include a dispute resolution clause...

6th May

Practice notes

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

Many contracts contain dispute resolution clauses. Sometimes these are straightforward clauses simply providing for litigation or perhaps arbitration...

20th Apr

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...

15th Apr

Practice notes

Dispute resolution clauses—what and why

What is a dispute resolution clause?Many commercial agreements contain what may be called a ‘dispute resolution clause’ or an ‘ADR clause’ (ie an...

15th Apr

Practice notes

Model ADR clauses

This Practice Note considers model form alternative dispute resolution (ADR) clauses provided by a number of service providers, namely: Centre for...

9th Apr

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...

8th Apr

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...

8th Apr

Practice notes

Jurisdiction agreements—introduction

This Practice Note considers jurisdiction agreements, also known as choice of court agreements, in terms of what they do, why have them and similar...

8th Apr

Brexit

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...

Produced in partnership with 4 Pump Court and Jill Headford of Tozers 7th Apr

Practice notes

Expert determination

Expert determination is a form of alternative dispute resolution (ADR). This Practice Note explains expert determination for technical or contract...

Produced in partnership with 4 Pump Court 7th Apr

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...

1st Apr

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...

1st Apr

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...

1st Apr

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...

1st Apr

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...

Produced in partnership with Philip Harris and Stuart Thwaites of Wright Hassall 1st Apr

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...

1st Apr

Practice notes

Comparison of forms of ADR and litigation

This table shows the differences between litigation and the main different forms of alternative dispute resolution (ADR).Type of...

1st Apr

Practice notes

ADR in the Court Guides

Scope of this Practice NoteAs set out in Practice Note: Court guides and other guidance, the court guides seek to provide a general explanation of the...

30th Mar

Practice notes

Brexit implementation period—settlement [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note considers the rules settlement as they will apply between the...

11th Mar

Brexit

Q&As