Explore effective dispute resolution strategies tailored for personal injury and clinical negligence cases. Gain insights into mediation, arbitration, and other ADR methods to streamline your practice and secure favourable outcomes for your clients. Stay ahead with best practices and strategic approaches designed to resolve disputes efficiently while maintaining the highest professional standards.
PI & Clinical Negligence analysis: This case concerned a claim relating to childhood physical and sexual abuse in a care home in the 1980s. The key...
This week’s edition of PI & Clinical Negligence weekly highlights includes developments on indemnity costs, a clinical negligence decision concerning...
Dispute Resolution analysis: In Bassey v Whittaker, Mr Justice Cavanagh held that, absent agreement between the parties, a significant development in...
Dispute Resolution analysis: Following the dismissal of the claimants’ claims, it was ordered that they pay the defendant’s costs on the indemnity...
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 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 claimsThe duty of careA medical practitioner owes a duty of care to their patient. This duty is to take...
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...
Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
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