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Latest PI & Clinical Negligence News

Occupiers’ Liability Act 1984 interpreted restrictively (Brown v South West Lakes)

Occupiers’ Liability Act 1984 interpreted restrictively (Brown v South West Lakes)

The following PI & Clinical Negligence news provides comprehensive and up to date legal information on Occupiers’ Liability Act 1984 interpreted restrictively (Brown v South West Lakes)

Abuse of process prevents challenge to mortgage possession order (Read v Eastern Counties Leather Group)

Abuse of process prevents challenge to mortgage possession order (Read v Eastern Counties Leather Group)

The following Dispute Resolution news provides comprehensive and up to date legal information on Abuse of process prevents challenge to mortgage possession order (Read v Eastern Counties Leather Group)

Part 36 offer mistake—is a party bound by their terms? (O’Grady v B15 Group Ltd)

Part 36 offer mistake—is a party bound by their terms? (O’Grady v B15 Group Ltd)

The following Dispute Resolution news provides comprehensive and up to date legal information on Part 36 offer mistake—is a party bound by their terms? (O’Grady v B15 Group Ltd)

Electronic working pilot scheme (CPR PD 51O)—effect of serving unsealed claim form and ability to use CPR 3.10 to render service effective (Ideal Shopping v Visa and Mastercard)

Electronic working pilot scheme (CPR PD 51O)—effect of serving unsealed claim form and ability to use CPR 3.10 to render service effective (Ideal Shopping v Visa and Mastercard)

Electronic working pilot scheme (CPR PD 51O)—effect of serving unsealed claim form and ability to use CPR 3.10 to render service effective (Ideal Shopping v Visa and Mastercard)

Featured PI & Clinical Negligence content

Misfeasance in public office

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...

Medco

Medco

MedcoSTOP PRESS: A new RTA small claims protocol for whiplash claims comes into effect for accidents occurring on or after 31 May 2021. The small...

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...

Occupiers’ liability claims—lawful visitors

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’...

Practice notes

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...
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16th Nov
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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16th Nov
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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16th Nov
Practice notes

Claims for compensation to the Criminal Injuries Compensation Scheme

Claims for compensation to the Criminal Injuries Compensation SchemeWhile a victim of crime can bring a civil claim for damages for personal injuries...
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Produced in partnership with Neil Sugarman of GLP Solicitors 16th Nov
Practice notes

Common recoverable losses in personal injury cases

Common recoverable losses in personal injury casesGeneral damagesPain, suffering and loss of amenityThe court will make a monetary award to reflect...
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16th Nov
Practice notes

Cost of care—personal injury claims

Cost of care—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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16th Nov
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 16th Nov
Q&As

What costs are payable on a matter which is in the MOJ portal but settles for less than £1,000? At the time that the matter was entered in the portal the claim was valued at over £1,000.

What costs are payable on a matter which is in the MOJ portal but settles for less than £1,000? At the time that the matter was entered in the portal...
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16th Nov
Practice notes

Uninsured drivers and the role of the MIB—for accidents occurring on or after 1 August 2015

Uninsured drivers and the role of the MIB—for accidents occurring on or after 1 August 2015NOTE: This Practice Note deals with the MIB Uninsured...
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16th Nov
Q&As

Where a claimant has obtained default judgment pursuant to CPR 12.4(1) will the court order a disposal hearing or allocate the case to a track and give standard fast track directions?

Where a claimant has obtained default judgment pursuant to CPR 12.4(1) will the court order a disposal hearing or allocate the case to a track and...
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16th Nov
Practice notes

Road traffic claims—other heads of loss

Road traffic claims—other heads of lossHeads of loss associated with a road traffic accident claimWhen considering potential losses in a claim arising...
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16th Nov
Q&As

In the event of a no-deal Brexit, will claimants still have a direct right of action against motor insurers?

In the event of a no-deal Brexit, will claimants still have a direct right of action against motor insurers?This question relates to the European...
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Produced in partnership with Andrew Wilson 16th Nov
tag iconBrexit
Q&As

If the claimant died before the court approval hearing would the personal representatives of their estate attend the court approval hearing or would the need for the court approval hearing cease as the 'protected party' would be dead?

If the claimant died before the court approval hearing would the personal representatives of their estate attend the court approval hearing or would...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 16th Nov
Q&As

Can a claimant claim for loss of enjoyment of a holiday or activity as a result of an injury sustained in a road traffic accident. If so, how is this loss quantified?

Can a claimant claim for loss of enjoyment of a holiday or activity as a result of an injury sustained in a road traffic accident. If so, how is this...
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16th Nov
Precedents

Claimant’s Part 36 offer—liability only

Claimant’s Part 36 offer—liability onlyDear [insert organisation name]This is a claimant’s offer, made pursuant to CPR Part 36. If the offer is...
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Produced in partnership with David Willink of Lamb Chambers 16th Nov
Precedents

Defence of driver whose passenger knowingly travelled in the vehicle when the driver was under the influence of alcohol or drugs

Defence of driver whose passenger knowingly travelled in the vehicle when the driver was under the influence of alcohol or drugsDefence for a...
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16th Nov

Popular documents

Admissibility of hearsay evidence in criminal proceedings

Admissibility of hearsay evidence in criminal proceedings

Admissibility of hearsay evidence in criminal proceedingsHow to identify hearsayThe definition of hearsay is contained in the Criminal Justice Act 2003 (CJA 2003). It comprises of four essential elements.There must be:•a statement•made out of court•relied on for the truth of the matter stated,

Scotland: the Accountant in Bankruptcy

Scotland: the Accountant in Bankruptcy

Scotland: the Accountant in BankruptcyThe office of the Accountant in Bankruptcy (AiB) was created by section 156 of the Bankruptcy (Scotland) Act 1856 . Previously, the functions of the AiB were limited but since 1993, with the enactment of the Bankruptcy (Scotland) Act 1993 (B(S)A 1993), the role

Forming enforceable contracts—consideration

Forming enforceable contracts—consideration

Forming enforceable contracts—considerationThis Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A promise will only be capable of being contractually enforced if it is either made in a deed or made in

Perverting the course of justice

Perverting the course of justice

Perverting the course of justiceElements of the offence of perverting the course of justicePerverting the course of justice is a common law offence which can only be tried on indictment in the Crown Court. The elements of the offence are:•a person acts or embarks on a course of conduct•which has a