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Civil appeals to the County Court and the High Court

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Latest PI & Clinical Negligence News

Principles set out in CPR PD 57AC are applied in mesothelioma claim (Jackman v Harold Firth & Son Ltd)

Principles set out in CPR PD 57AC are applied in mesothelioma claim (Jackman v Harold Firth & Son Ltd)

The following Dispute Resolution news provides comprehensive and up to date legal information on Principles set out in CPR PD 57AC are applied in mesothelioma claim (Jackman v Harold Firth & Son Ltd)

PI & Clinical Negligence weekly highlights—24 June 2021

PI & Clinical Negligence weekly highlights—24 June 2021

The following PI & Clinical Negligence news provides comprehensive and up to date legal information on PI & Clinical Negligence weekly highlights—24 June 2021

Secondary victim law update on what constitutes a ‘shocking event’ in a hospital setting (King v Royal United Hospitals Bath NHS Foundation Trust)

Secondary victim law update on what constitutes a ‘shocking event’ in a hospital setting (King v Royal United Hospitals Bath NHS Foundation Trust)

The following PI & Clinical Negligence news provides comprehensive and up to date legal information on Secondary victim law update on what constitutes a ‘shocking event’ in a hospital setting (King v Royal United Hospitals Bath NHS Foundation Trust)

Assessment of solicitor and client costs in low value personal injury claim (SGI v Karatysz)

Assessment of solicitor and client costs in low value personal injury claim (SGI v Karatysz)

The following Dispute Resolution news provides comprehensive and up to date legal information on Assessment of solicitor and client costs in low value personal injury claim (SGI v Karatysz)

Featured PI & Clinical Negligence content

Qualified one-way costs shifting (QOCS)

Qualified one-way costs shifting (QOCS)

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...

EL/PL claims in the portal—a practical guide (Stage 1)

EL/PL claims in the portal—a practical guide (Stage 1)

EL/PL claims in the portal—a practical guide (Stage 1)This Practice Note provides an overview of the Pre-Action Protocol for Low Value Personal Injury...

Credit hire—an introduction

Credit hire—an introduction

Credit hire—an introductionReplacement vehicles and hire generallyWhere a driver’s vehicle has suffered damage in an accident sufficient for it to...

Was the damage foreseeable?

Was the damage foreseeable?

Was the damage foreseeable?The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach...

Practice notes

Did the claimant consent to the risk of injury?

Did the claimant consent to the risk of injury?The essence of a defence of volenti non fit injuria (‘to a willing person, no injury is done’) is that...
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19th May
Practice notes

The employer’s duty of care

The employer’s duty of careOverriding dutiesAt common law, an employer is under a duty to take reasonable care of the health and safety of its...
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19th May
Practice notes

Future loss of earnings—personal injury claims

Future loss of earnings—personal injury claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor...
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19th May
Practice notes

Interest on general damages, special damages and judgment debt

Interest on general damages, special damages and judgment debtInterest on general damagesEntitlementA claimant is entitled to simple interest at a...
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19th May
Practice notes

Untraced drivers and the role of the MIB—for accidents occurring on or after 1 March 2017

Untraced drivers and the role of the MIB—for accidents occurring on or after 1 March 2017NOTE: For accidents after 1 March 2017 the Motor Insurers'...
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19th May
Practice notes

Fee remissions

Fee remissionsIntroductionCourt and tribunal fees are, for many, prohibitively high. For those in the most straitened circumstances, fee remissions,...
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Produced in partnership with David Willink of Lamb Chambers 19th May
Q&As

Is there any guidance on what costs are payable in a claim which was initially submitted via the low value Ministry of Justice portal but it transpires that the value is in excess of the upper limit of £25,000? Can you exit the claim from the portal on grounds that it exceeds the upper value?

Is there any guidance on what costs are payable in a claim which was initially submitted via the low value Ministry of Justice portal but it...
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19th May
Q&As

We act for the defendant in a claim. The defendant defended the claim and brought a counterclaim against the claimant. The case proceeded to trial and judgment was given by the court in favour of the defendant for damages and a costs order was made in his favour pursuant to CPR 45.29G. The court order, however, also includes a provision that the sum ordered for costs is not to be enforced without permission of the court. Does the claimant's QOCS protection extend to cover the costs order made in the defendant's favour in respect of the costs of successfully bringing his counterclaim?

We act for the defendant in a claim. The defendant defended the claim and brought a counterclaim against the claimant. The case proceeded to trial and...
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Produced in partnership with David Green of 12 King's Bench Walk 19th May
Practice notes

Quantifying damages for the estate under the Law Reform Act

Quantifying damages for the estate under the Law Reform ActWhat can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act...
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19th May
Precedents

Schedule of special damages—serious injury multi track

[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT LOCATION] DISTRICT REGISTRY]Claim No:Between[Insert...
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19th May
Practice notes

Damages in clinical negligence claims

Damages in clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...
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Produced in partnership with Renée Wood 19th May
Practice notes

Applying for an interim payment order in personal injury claims

Applying for an interim payment order in personal injury claimsTiming and procedureA claimant can apply for an interim payment order after the end of...
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Produced in partnership with Andrew Wilson 19th May
Practice notes

Low Velocity Impact RTAs—in detail

Low Velocity Impact RTAs—in detailIntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and...
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Produced in partnership with Andrew Wilson 19th May
Practice notes

Loss of pension—personal injury claims

Loss of pension—personal injury claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...
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19th May
Practice notes

Contributory negligence in road traffic accidents

Contributory negligence in road traffic accidentsIn some instances someone may suffer damage that results partly from their own fault and partly from...
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19th May
Practice notes

Fixed costs in road traffic accident claims

Fixed costs in road traffic accident claimsPre-Action Protocol for Low Value Personal Injury Claims in Road Traffic AccidentsThe protocol applies to...
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19th May

Most recent Civil appeals to the County Court and the High Court content

Practice notes

Dispute resolution: key appeal cases—2021

Dispute resolution: key appeal cases—2021One of the difficulties for dispute resolution practitioners is keeping up to date with developments in case...
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17th Jun
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...
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8th Jun
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...
Read More >
8th Jun
Practice notes

Dispute Resolution: key appeal cases—2016 [Archived]

Dispute Resolution: key appeal cases—2016 [Archived]Court of Appeal—professional negligenceARCHIVED: This Practice Note has been archived and is not...
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8th Jun
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...
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8th Jun
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...
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8th Jun
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...
Read More >
8th Jun
Practice notes

Dispute Resolution: key appeal cases—2014 [Archived]

Dispute Resolution: key appeal cases—2014 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.Court of Appeal—retrospective...
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8th Jun
Q&As

Does a skeleton argument need to be filed at the same time as the application notice for an appeal?

Does a skeleton argument need to be filed at the same time as the application notice for an appeal?In general, the provisions governing appeals to the...
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5th Jun
Q&As

Can I appeal a costs order given by a recorder in a civil case in the County Court where permission to appeal was not sought at the hearing? Which court would an application for permission to appeal need to be made to?

Can I appeal a costs order given by a recorder in a civil case in the County Court where permission to appeal was not sought at the hearing? Which...
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5th Jun
Q&As

Form N161 (appeal notice) suggests the skeleton argument can be filed within 14 days in the lower courts and the High Court. Is this the case for appeals in the Court of Appeal too?

Form N161 (appeal notice) suggests the skeleton argument can be filed within 14 days in the lower courts and the High Court. Is this the case for...
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5th Jun
Q&As

If a party wishes to apply to the Court of Appeal for permission to appeal a decision of the Technology and Construction Court (TCC), are there any particular rules or processes that apply to the application for permission? Neither the Civil Procedural Rules nor the TCC guide provides any specific guidance on appeals from the TCC.

If a party wishes to apply to the Court of Appeal for permission to appeal a decision of the Technology and Construction Court (TCC), are there any...
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5th Jun
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?

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...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun
Practice notes

Changes to Part 52 in October 2016 and transitional provisions [Archived]

Changes to Part 52 in October 2016 and transitional provisions [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This...
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5th Jun
Practice notes

Conducting an appeal in the County Court or the High Court

Conducting an appeal in the County Court or the High CourtCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note...
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5th Jun
Practice notes

Specialist appeals—pre October 2012 [Archived]

Specialist appeals—pre October 2012 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.NOTE: SAVE FOR WHERE THE APPEAL...
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5th Jun
Practice notes

Responding to an appellant's notice—the written statement and respondent's notice

Responding to an appellant's notice—the written statement and respondent's noticeCoronavirus (COVID-19): The guidance detailing normal practice set...
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5th Jun
Practice notes

Disposing of appeals and appeals by consent—pre October 2012 [Archived]

Disposing of appeals and appeals by consent—pre October 2012 [Archived]NOTE: SAVE FOR WHERE THE APPEAL NOTICE WAS FILED OR PERMISSION TO APPEAL WAS...
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5th Jun
Practice notes

Respondent's notice—pre October 2012 [Archived]

Respondent's notice—pre October 2012 [Archived]ARCHIVED: This Precedent has been archived and is not maintained. NOTE: SAVE FOR WHERE THE APPEAL...
Read More >
5th Jun
Practice notes

Permission to appeal—pre October 2012 [Archived]

Permission to appeal—pre October 2012 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.NOTE: SAVE FOR WHERE THE APPEAL...
Read More >
5th Jun

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Commercial Property Standard Enquiries (CPSE)—environmental and health and safety enquiries

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Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are endorsed by the British Property Federation and are free to use. The CPSEs include specific environmental enquiries at enquiry 15 and there are several

Joint, several, and joint and several liability

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Joint, several, and joint and several liabilityContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise may be:•joint•several, or•joint and severalWhether an undertaking is joint, several, or joint and

Lease transactions toolkit (environmental issues)—Commercial Property Standard Enquiries and additional

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Commercial Property Standard EnquiriesThe Commercial Property Standard Enquiries (CPSE) have become the industry standard pre-contract enquiries for commercial property transactions:•CPSE.1 (version 3.8) General pre-contract enquiries for all commercial property transactions•CPSE.2 (version 3.4)

Working with counsel

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Working with counselInstructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is to provide independent objective advice and to deploy the skill of advocacy on behalf of the client. Although they are part of a team, they also