Applications—general

Achieving successful applications in personal injury and clinical negligence cases requires a deep understanding of both procedural and substantive law. This topic provides strategic insights and practical guidance to help you navigate through the intricacies of various applications, from pre-action considerations to post-trial procedures. Tailored for legal practitioners, the resources here focus on delivering comprehensive support and expert tips essential for driving favourable outcomes in this specialised practice area.

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After an application Determining interim applications Making an application and service

Latest PI & Clinical Negligence News

Variation of budget after trial, oppressive behavior, Part 36, and a payment on account of costs (Barry & Barry v Barry)

Variation of budget after trial, oppressive behavior, Part 36, and a payment on account of costs (Barry & Barry v Barry)

The following Dispute Resolution news provides comprehensive and up to date legal information on Variation of budget after trial, oppressive behavior, Part 36, and a payment on account of costs (Barry & Barry v Barry)

PAC report criticises DHSC over NHS England abolition plans and rising negligence costs

PAC report criticises DHSC over NHS England abolition plans and rising negligence costs
Navigating insurance payment deductions in PI claims

Navigating insurance payment deductions in PI claims

The following PI & Clinical Negligence news provides comprehensive and up to date legal information on Navigating insurance payment deductions in PI claims

Breaching a court embargo on a draft judgment leads to contempt finding but no further punishment (R (Glaister and Carr) v Assistant Coroner for North Wales)

Breaching a court embargo on a draft judgment leads to contempt finding but no further punishment (R (Glaister and Carr) v Assistant Coroner for North Wales)

The following Dispute Resolution news provides comprehensive and up to date legal information on Breaching a court embargo on a draft judgment leads to contempt finding but no further punishment (R (Glaister and Carr) v Assistant Coroner for North Wales)

Featured PI & Clinical Negligence content

Duty of care and breach in clinical negligence claims

Duty of care and breach in clinical negligence claims

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...

False imprisonment

False imprisonment

False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made...

Pain, suffering and loss of amenity

Pain, suffering and loss of amenity

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...

Psychiatric injury—secondary victims

Psychiatric injury—secondary victims

Psychiatric injury—secondary victimsWhat is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the...

Practice notes

Whiplash or soft tissue injury claims

Whiplash or soft tissue injury claimsNOTE: The Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents...
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1st Mar
Practice notes

Psychiatric injury—primary victims

Psychiatric injury—primary victimsDefining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident...
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1st Mar
Practice notes

Vicarious liability in the course of employment—the close connection test

Vicarious liability in the course of employment—the close connection testTo identify the circumstances in which a court may find an employer to be...
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Produced in partnership with Andrew Wilson
28th Mar
Practice notes

Past loss of earnings

Past loss of earningsCommon issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For...
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1st Mar
Practice notes

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...
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Produced in partnership with Sue Brown
28th Mar
Practice notes

Claims against the police

Claims against the policeIntroductionThe police force is a pure public authority (ie performs only public functions). Therefore, claims can be brought...
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1st Mar
Practice notes

Qualified one-way costs shifting (QOCS)

Qualified one-way costs shifting (QOCS)What is QOCS?QOCS was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of...
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Produced in partnership with Samuel David of Anthony Gold Solicitors
28th Mar
Practice notes

Occupiers’ liability claims—lawful visitors

Occupiers’ liability claims—lawful visitorsBackgroundThe Occupiers’ Liability Act 1957 (OLA 1957) was enacted to provide for a ‘common duty of care’...
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Produced in partnership with Andrew Wilson
28th Mar
Practice notes

Misfeasance in public office

Misfeasance in public officeThe tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only...
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2nd Mar
Practice notes

Contributory negligence in personal injury claims

Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences...
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1st Mar
Practice notes

Claims against schools

Claims against schoolsClaims against schools by pupils can arise in a number of ways, including pupils:•being injured due to condition of...
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2nd Mar
Practice notes

Psychiatric injury—secondary victims—case tracker

Psychiatric injury—secondary victims—case trackerA secondary victim is someone who has suffered psychiatric injury not by being directly involved in...
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2nd Mar
Practice notes

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...
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Produced in partnership with Andrew Wilson
28th Mar
Practice notes

Psychiatric injury—establishing liability

Psychiatric injury—establishing liabilityLiability for psychiatric injury is dependent in part on the nature of the injuries suffered and the manner...
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2nd Mar
Practice notes

Identifying the correct defendant in clinical negligence claims

Identifying the correct defendant in clinical negligence claimsThe National Health Service (NHS)England and Wales have a publicly funded health...
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Produced in partnership with Sarah Fraser Butlin of Cloisters
28th Mar
Practice notes

Drafting schedules of loss in PI and clinical negligence claims

Drafting schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the...
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Produced in partnership with Louise Thomson
28th Mar

Popular documents

Early leavers—preservation

Early leavers—preservationFORTHCOMING DEVELOPMENT: Section 10 of the Finance Act 2022 will increase the normal minimum pension age (NMPA) from 55 to 57 on 6 April 2028 (save for members of the firefighters, police and armed forces public service pension schemes).The Finance Act 2022 will also give

Brussels I (recast)—domicile (Arts 4 and 63) [Archived]

Brussels I (recast)—domicile (Arts 4 and 63) [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note considers the general rule set out in Article 4 of Regulation (EU) 1215/2012, Brussels I (recast) when determining the relevance of a defendant’s domicile to

Contributory negligence in personal injury claims

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

Where are misrepresentations made? Jurisdictional traps for the unwary (Bellmare Holdings Ltd v Wells)

Dispute Resolution analysis: The High Court has provided concise guidance as to how misrepresentation should be analysed when considering jurisdictional gateways. Under Article 5(3) of the Lugano Convention, in negligent misstatement cases, the place of the event giving rise to damage is normally