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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)

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

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)

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)

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

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)

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...

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...

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...

Practice notes

Psychiatric injury—primary victims

Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...

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,...

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

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

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...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Qualified one-way costs shifting (QOCS)—case tracker

This case tracker considers case law in relation to qualified one-way costs shifting (QOCS) in order to provide some guidance on how the courts are...

9th Nov

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...

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...

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...

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...

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

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

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

Drafting counter schedules of loss in PI and clinical negligence claims

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...

Produced in partnership with Louise Thomson 12th Jan

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...

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...

9th Nov

Most recent Appeals content

Q&As

An application for permission to appeal a District Judge's decision was refused by a Circuit Judge after an oral hearing. What is the further route of appeal, if any?

Appeals in cases governed by the CPR are dealt with procedurally in CPR 52 and the various associated practice directions.CPR 52.4 provides that where...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 18th Jan

Practice notes

Grounds for appealing and preliminary considerations

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

18th Jan

Practice notes

The Supreme Court—overview of the changes from the previous House of Lords regime [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. NOTE: THIS PRACTICE NOTE IS FOR HISTORIC PURPOSES ONLY.Introduction—the nature...

18th Jan

Practice notes

Dispute Resolution: key appeal cases—2017 [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. One of the difficulties for practitioners is keeping up to date with...

18th Jan

Practice notes

Judicial review litigation—frequently asked questions

What is judicial review?A claim for judicial review means a claim to review the lawfulness of an enactment or a decision, action or failure to act in...

18th Jan

Practice notes

Supreme Court—permission to appeal

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by the coronavirus (COVID-19) pandemic....

18th Jan

Practice notes

Permission to appeal—hearing and next steps

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

18th Jan

Practice notes

Dispute resolution: key appeal cases—2018 [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note summarises the key appeal cases (ie decisions of the Court of...

18th Jan

Practice notes

Permission to appeal—case management decisions

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

18th Jan

Practice notes

Appeals to the Court of Appeal—general and preliminary considerations—pre October 2012 [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. NOTE: SAVE FOR WHERE THE APPEAL NOTICE WAS FILED OR PERMISSION TO APPEAL WAS...

18th Jan

Practice notes

Conducting an appeal in the Court of Appeal

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

18th Jan

Practice notes

Supreme Court—appeal hearing

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by the coronavirus (COVID-19) pandemic....

18th Jan

Practice notes

Dispute Resolution: key appeal cases—2016 [Archived]

Court of Appeal—professional negligenceARCHIVED: This Practice Note has been archived and is not maintained. The Court of Appeal has allowed an appeal...

18th Jan

Practice notes

Dispute resolution: key appeal cases—2019 [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. One of the difficulties for dispute resolution practitioners is keeping up to...

18th Jan

Practice notes

Appeals: reopening a final determination—pre October 2012 [Archived]

NOTE: SAVE FOR WHERE THE APPEAL NOTICE WAS FILED OR PERMISSION TO APPEAL WAS OBTAINED BEFORE 1 OCTOBER 2012, THIS PRACTICE NOTE IS FOR HISTORIC...

18th Jan

Practice notes

Appeals—costs recovery

This Practice Note considers whether it is possible to recover the costs incurred during an appeal. The costs rules dealing with appeals are set out...

18th Jan

Practice notes