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

Important High Court decision refines the modern 'ambush' analysis in surveillance evidence cases (Middleton v Carnival plc t/a P&O Cruises)

Important High Court decision refines the modern 'ambush' analysis in surveillance evidence cases (Middleton v Carnival plc t/a P&O Cruises)

PI & Clinical Negligence analysis: When a party wants to rely on surveillance footage under CPR 32.1, the court will generally permit reliance on such...

MoJ publishes report on findings from HMCTS digital reform evaluation together with NDSS evaluation findings

MoJ publishes report on findings from HMCTS digital reform evaluation together with NDSS evaluation findings

The Ministry of Justice (MoJ) has published a thematic report on digitalisation as part of the overarching HM Courts and Tribunals Service (HMCTS)...

PI & Clinical Negligence weekly highlights—26 March 2026

PI & Clinical Negligence weekly highlights—26 March 2026

This week's edition of PI & Clinical Negligence weekly highlights includes analysis of a High Court decision on handling disputed litigation capacity...

No general rule that a joining party can never be a 'Defendant' for the purposes of security for costs (Soprim Construction SARL v The Republic of Djibouti)

No general rule that a joining party can never be a 'Defendant' for the purposes of security for costs (Soprim Construction SARL v The Republic of Djibouti)

Dispute Resolution analysis: An application for security for costs was made in circumstances where the claimant tried to enforce arbitration awards...

Featured PI & Clinical Negligence content

False imprisonment

False imprisonment

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 care

The employer’s duty of care

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 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...

Pain, suffering and loss of amenity (PSLA)

Pain, suffering and loss of amenity (PSLA)

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...

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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30th May
Practice notes

Damages in fatal accident claims

Damages in fatal accident claimsElements of a fatal accident claimThere are two different elements to a fatal accident claim:•the Law Reform...
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2nd Jun
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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30th May
Practice notes

Was the damage foreseeable?

Was the damage foreseeable?The concept of foreseeability and remoteness in negligence claimsEven if the claimant proves:•that the defendant acted...
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2nd Jun
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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30th May
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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2nd Jun
Practice notes

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

Vicarious liability in the course of employment—the close connection testThis Practice Notes considers the circumstances in which the court will hold...
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Produced in partnership with Andrew Wilson
13th Oct
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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Produced in partnership with Laura Giachardi of 42 Bedford Row
13th Oct
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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2nd Jun
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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30th May
Checklists

The RTA small claims protocol—key features checklist

The RTA small claims protocol—key features checklistThe Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic...
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2nd Jun
Practice notes

Qualified one-way costs shifting (QOCS)

Qualified one-way costs shifting (QOCS)NOTE: the Civil Procedure (Amendment) Rules 2023, SI 2023/105, amended CPR 44.14 so that defendants can enforce...
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Produced in partnership with Samuel David of Anthony Gold Solicitors
13th Oct
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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30th May
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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2nd Jun
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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2nd Jun
News

Personal injury claims against public authorities and the state—the armed forces

...
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2nd Jun

Popular documents

If a rentcharge is shown as being informally exonerated on title information, does this apply to the

If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some

Strike out—making an application to strike out a statement of case

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

Glossary—Latin legal terms

Glossary—Latin legal termsDespite attempts in recent years to simplify the language used in legal cases, there are still a number of Latin phrases commonly used in personal injury claims. The following Latin phrases are listed in alphabetical order:Latin

Template for regulatory references given by SMCR firms and disclosure requirements

Template for regulatory references given by SMCR firms and disclosure requirements[Insert addressee details]Dear [insert name][It is our understanding that [insert name of prospective employee] [was an employee of yours between the dates of [insert dates as appropriate] OR is a current employee of