Navigating the complexities of appeal procedures in PI & Clinical Negligence cases requires precision and a deep understanding of appellate rules. Explore expert insights and practical strategies to effectively challenge or defend trial court decisions, ensuring you are equipped with the critical knowledge to advocate confidently for your clients.
This week’s edition of PI & Clinical Negligence weekly highlights includes a High Court decision on the application of the Bolam test and the role of...
The Office for National Statistics (ONS) has published the 2026 provisional results on employee earnings and working hours, drawing on data from the...
Dispute Resolution analysis: the Court of Appeal dismissed a challenge to the joinder of a deceased defendant’s widow and permission to serve...
Restructuring & Insolvency analysis: The Commercial Court considered the scope of the Marex tort, transactions defrauding creditors under section 423...
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...
Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid
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
Strike out—making an application to strike out a statement of caseA strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order being made following a party's application.Making an application
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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