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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

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...

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...

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,...

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...

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

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

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

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

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

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

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

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

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

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

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...

9th Nov

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 Appeals content

Practice notes

Grounds of appeal—appealing a finding of fact

Grounds of appeal—appealing a finding of factCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be...

13th May

Practice notes

Dispute resolution: key appeal cases—2020 [Archived]

Dispute resolution: key appeal cases—2020 [Archived]ARCHIVED: One of the difficulties for dispute resolution practitioners is keeping up to date with...

12th May

Practice notes

Dispute Resolution: key appeal cases—2017 [Archived]

Dispute Resolution: key appeal cases—2017 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained. One of the difficulties for...

12th May

Practice notes

Dispute Resolution: key appeal cases—2015 [Archived]

Dispute Resolution: key appeal cases—2015 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.Court of Appeal—continuing...

12th May

Practice notes

Dispute resolution: key appeal cases—2019 [Archived]

Dispute resolution: key appeal cases—2019 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained. One of the difficulties for...

12th May

Practice notes

Dispute resolution: key appeal cases—2018 [Archived]

Dispute resolution: key appeal cases—2018 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note summarises...

12th May

Practice notes

Dispute resolution: key appeal cases—2021

One of the difficulties for dispute resolution practitioners is keeping up to date with developments in case law that affect their practice area, or,...

4th May

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...

30th Apr

Practice notes

Imposing conditions on an appeal

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

30th Apr

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...

30th Apr

Practice notes

Permission to appeal—preliminary considerations

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

27th Apr

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...

21st Apr

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....

16th Apr

Practice notes

Permission to appeal—the application

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

15th Apr

Practice notes

Grounds of appeal—introducing new evidence

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

15th Apr

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...

13th Apr

Practice notes

Civil appeals—court specific guidance

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

12th Apr

Practice notes

Supreme Court—completing an application for permission or notice of appeal and how to respond

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

12th Apr

Practice notes

Supreme Court—starting and managing the appeal

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

12th Apr

Precedents

Draft Minute of order in the Court of Appeal upon application under CPR 15.18(2)

UPOn reading the Appellant’s Notice sealed on [insert date] and the Respondent’s Notice sealed on [insert date][And]UPon hearing from [counsel for]...

9th Apr