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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

Loss of congenial employment

Nature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial employment. This award relates...

9th Nov

Practice notes

Misfeasance in public office

The tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only available against public...

9th Nov

Practice notes

Interest on general damages, special damages and judgment debt

Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...

9th Nov

Practice notes

Claims under the Consumer Protection Act 1987

Brexit: As of exit day (11 pm on 31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the...

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

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

Provisional damages

Background and frameworkPurpose of a provisional damages awardWhen the court makes a once and for all lump sum award, it is designed to cover both...

Produced in partnership with Andrew Wilson 12th Jan

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

CRU certificates—recoverable benefits and lump sum payments

Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...

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

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

False imprisonment

LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public...

Produced in partnership with Greg Ó Ceallaigh of Garden Court Chambers 12th Jan

Most recent Case management content

Practice notes

Relief from sanctions—the courts’ approach

Relief from sanctions—the courts’ approachCoronavirus (COVID-19)The guidance detailing normal practice set out in this Practice Note may be affected...

15th May

Practice notes

Relief from sanctions (pre-Denton) [Archived]

Relief from sanctions (pre-Denton) [Archived]ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only....

15th May

Practice notes

Adding (joinder) and substituting parties

Adding (joinder) and substituting partiesThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the...

15th May

Practice notes

Disclosure pilot scheme—costs recovery

Disclosure pilot scheme—costs recoveryThis Practice Note considers costs recovery when dealing with proceedings under the disclosure pilot scheme...

15th May

Practice notes

CE-File—electronic filing and case management in the Rolls Building and other courts

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

15th May

COVID-19

Practice notes

Transferring proceedings

Transferring proceedingsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on...

15th May

Practice notes

General civil restraint orders

General civil restraint ordersThis Practice Note should be read in conjunction with Practice Note: Civil restraint orders which deals with general...

15th May

Practice notes

Chancery Division—expert evidence

Chancery Division—expert evidenceThis Practice Note provides guidance on expert evidence in the Chancery Division under Chapter 17 of the Chancery...

15th May

Practice notes

Procedural errors and how to remedy them (CPR 3.10)

Procedural errors and how to remedy them (CPR 3.10)What is an error of procedure?Procedural errors may arise during the course of litigation. It is...

15th May

Practice notes

Discontinuance of a claim

Discontinuance of a claimWhat is 'discontinuance'?Discontinuance is the means by which a claimant can bring all or part of the proceedings it has...

15th May

Practice notes

Multi-track—case management conference (CMC)

Multi-track—case management conference (CMC)This Practice Note provides guidance on the interpretation and application of the relevant provisions of...

15th May

Practice notes

Pre-trial review (PTR) and the pre-trial checklist (Form N170)

Pre-trial review (PTR) and the pre-trial checklist (Form N170)This Practice Note considers the purpose and timing of a pre-trial review (PTR) in...

15th May

Practice notes

TCC—case management

TCC—case managementCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning...

15th May

Practice notes

Relief from sanctions—illustrative decisions

Relief from sanctions—illustrative decisionsCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be...

15th May

Practice notes

Summary table of key case management changes—Jackson Reforms [Archived]

Summary table of key case management changes—Jackson Reforms [Archived]ARCHIVED: this archived Practice Note is not maintained and is for background...

15th May

Practice notes

Small claims track—case management

Small claims track—case managementThis Practice Note considers specific case management provisions for cases allocated to and proceeding on the small...

15th May

Practice notes

Commercial Court—case management

Commercial Court—case managementThis Practice Note should be read in conjunction with:•Practice Note: Commercial court—Case management conference...

15th May

Practice notes

Relief from sanctions decisions—pre-Denton [Archived]

Relief from sanctions decisions—pre-Denton [Archived]ARCHIVED: this archived Practice Note is not maintained and is for background information...

15th May

Practice notes

Unless orders

Unless ordersThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court...

15th May

Practice notes