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Latest PI & Clinical Negligence News

Claimant recovers damages from MIB 24 years after accident—settlement approved, but amount to remain confidential (Johnson v Secretary of State for Transport and MIB)

CPR Committee annual open meeting—14 May 2021

The following Construction news provides comprehensive and up to date legal information on CPR Committee annual open meeting—14 May 2021

PI & Clinical Negligence weekly highlights—13 May 2021

The following PI & Clinical Negligence news provides comprehensive and up to date legal information on PI & Clinical Negligence weekly highlights—13 May 2021

Inexcusable delay giving judgment, dishonest assistance and dual vicarious liability (Natwest Markets plc v Bilta UK Ltd (In liquidation))

The following Dispute Resolution news provides comprehensive and up to date legal information on Inexcusable delay giving judgment, dishonest assistance and dual vicarious liability (Natwest Markets plc v Bilta UK Ltd (In liquidation))

Featured PI & Clinical Negligence content

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...

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...

Fixed costs in road traffic accident claims

Pre-action protocol for low value personal injury claims in road traffic accidentsThe protocol applies to all road traffic accident (RTA)...

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...

Practice notes

Applying for an interim payment order in personal injury claims

Timing and procedureA claimant can apply for an interim payment order after the end of the period for filing an acknowledgment of service.See Practice...

Produced in partnership with Andrew Wilson 12th Jan

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

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

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

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

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

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

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

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...

9th Nov

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

Pain, suffering and loss of amenity

Valuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of the loss of an arm or of the sense...

9th Nov

In-house

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 Applications—general content

Practice notes

TCC—determining applications

TCC—determining applicationsThis Practice Note looks at how interim applications made in the Technology and Construction Court (TCC) are determined...

15th May

Practice notes

Remote hearings in civil proceedings via video-conferencing and telephone

Remote hearings in civil proceedings via video-conferencing and telephoneThis Practice Note gives guidance on remote hearings, via video-conference...

15th May

COVID-19

Practice notes

TCC—making an application

TCC—making an applicationThis Practice Note looks at interim applications in cases proceeding in the Technology and Construction Court (TCC). It looks...

15th May

Practice notes

Judgments and orders—drafting and formalities

Judgments and orders—drafting and formalitiesThis Practice Note provides guidance on the interpretation and application of the relevant provisions of...

15th May

Practice notes

Interim applications—costs recovery

Interim applications—costs recoveryThis Practice Note highlights that such costs are not recoverable as of right and identifies issues to be...

15th May

Practice notes

Varying or revoking orders—court's general power under CPR 3.1(7)

Varying or revoking orders—court's general power under CPR 3.1(7)The court’s power to vary or revoke and orderWhile it is important for parties to...

15th May

COVID-19

Practice notes

Skeleton arguments

Skeleton argumentsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the...

15th May

Practice notes

CE-File—introduction to electronic filing in the Rolls Building and other courts

CE-File—introduction to electronic filing in the Rolls Building and other courtsThis Practice Note provides guidance on the interpretation and...

15th May

COVID-19

Practice notes

Agreements to extend time—buffer agreements

Agreements to extend time—buffer agreementsThis Practice Note should be read in conjunction with Practice Notes: Extension of time, Making an...

15th May

COVID-19

Practice notes

Commercial Court—interim applications

Commercial Court—interim applicationsCommercial Court Rolls BuildingAs of 25 April 2017, CE-File electronic working is mandatory for all professional...

15th May

Practice notes

Forms of address for the judiciary

Forms of address for the judiciaryThere are certain protocols that need to be followed when addressing members of the judiciary. These protocols apply...

15th May

Practice notes

Making an application

Making an applicationThis Practice Note looks at how to make an interim application under Part 23 of the CPR. It considers what you need to file ie...

15th May

In-house

Practice notes

Review of a court’s interim decision

Review of a court’s interim decisionReconsiderationThe court has a power to reconsider its decision in an interim application at any point up to the...

15th May

Practice notes

Automatic orders pilot scheme [Archived]

Automatic orders pilot scheme [Archived]ARCHIVED: Warning: this is for historical purposes only. This pilot scheme has now ended.Where and when did it...

15th May

Practice notes

Electronic applications in the TCC CLCC [Archived]

Electronic applications in the TCC CLCC [Archived]ARCHIVED: This Practice Note has been archived and is not maintained. Throughout this Practice Note,...

15th May

Practice notes

Applications without hearings

Applications without hearingsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR....

15th May

Practice notes

Non-attendance by the parties at trial

Non-attendance by the parties at trialFor guidance on non-attendance by a party at an interim hearing, see Practice Note: Application...

15th May

COVID-19

Practice notes

Statements of truth

Statements of truthThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the...

15th May

Practice notes

Applications without notice

Applications without noticeThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending...

15th May

Practice notes