ADR in the CPR The Civil Procedure Rules (CPR) state that litigation should be a last resort and, that the parties should consider whether negotiation or some other form...
Produced in partnership with Marcus Weatherby of Pattinson and Brewer Dear [insert name of expert] Re: [Client’s name] Address: [Insert address] Date of Birth: [Insert...
Position pre-1 April 2013 ARCHIVED: After-the-event (ATE) insurance premiums and success fees continue to be recoverable where the policy or CFA was entered into before 1...
Causation and remoteness are the principles that the courts use to determine what should be recoverable in damages as a result of clinical negligence. The law, therefore,...
As there is no route for a statutory appeal from the coroner’s court, the supervisory jurisdiction of the Administrative Court is important for those who wish to...
Produced in partnership with Catriona Stirling of Cloisters Chambers STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6...
Produced in partnership with Catriona Stirling of Cloisters Chambers STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6...
Produced in partnership with Thea Wilson of 12 Kings Bench Walk STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6...
Produced in partnership with Catriona Stirling of Cloisters Chambers STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6...
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 UK has entered an...
Produced in partnership with James Byrne of 9 Gough Square STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April...
Overview of anaesthesia practice Anaesthesia forms the largest single hospital medical speciality and the skills of anaesthetists are used in all aspects of patient care....
This Practice Note sets out practical considerations when managing these types of claims, followed by an overview of common types of injury to children occurring during...
This Practice Note begins with a reminder of the importance of Montgomery, followed by an examination of the practical considerations when managing these types of claims....
Breach of duty For details of the law on breach of duty in clinical negligence claims see Practice Note: Duty of care and breach in clinical negligence claims. Practical...
Introduction This Practice Note provides an overview of the claims procedure to be used in clinical negligence cases following service of the initial statements of case....
Funding The usual mechanisms for funding a clinical negligence claim are: • legal aid/public funding • conditional fee agreement • damages-based agreement Various cases...
Essential contents 1 Client's name, address, date of birth, etc 2 Dates of allegedly negligent treatment 3 Events giving rise to the claim: 3.1 an outline of what...
Essential contents 1 Provide requested records and invoice for copying: 1.1 explain if records are incomplete or extensive records are held and ask for further...
Introduction The regulations, The National Health Service (Clinical Negligence Scheme for General Practice) Regulations 2019, SI 2019/334, which are effective from 1...
Across the spectrum of clinical negligence cases between those involving issues of ‘pure diagnosis’ and ‘pure treatment’, claims arising out of negligently performed...
There are a number of commonly encountered liability disputes when dealing with dental claims. These include: • periodontal claims • cosmetic dentistry • consent disputes...
The NHS complaints procedure A patient’s search for a proper explanation about what went wrong, for an apology and for a promise that such mistakes will not be repeated...
This Practice Note explains how the conditional fee regime operates for personal injury and clinical negligence matters including: • what a CFA is • the regulatory...
Treatment of a patient by a doctor requires prior consent in order to be lawful. This is so whether the treatment is a simple test or an invasive operation. In practice,...
For further consent issues such as emergency treatment, withdrawal of consent, capacity, battery and Human Rights Act Claims, see Practice Note: Consent in clinical...