Clinical negligence

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Latest PI & Clinical Negligence News

Additional parties joined to AA 1996, s 67 proceedings (Republic of Uganda v Rift Valley Railways (Uganda))

The following Arbitration news provides comprehensive and up to date legal information on Additional parties joined to AA 1996, s 67 proceedings (Republic of Uganda v Rift Valley Railways (Uganda))

PI & Clinical Negligence weekly highlights—21 January 2021

The following PI & Clinical Negligence news provides comprehensive and up to date legal information on PI & Clinical Negligence weekly highlights—21 January 2021

UK application to join the Lugano Convention—hedging the risk of rejection

The following Banking & Finance news provides comprehensive and up to date legal information on UK application to join the Lugano Convention—hedging the risk of rejection

Reforms must continue after pandemic, UK courts chief says

The following Corporate Crime news provides comprehensive and up to date legal information on Reforms must continue after pandemic, UK courts chief says

Featured PI & Clinical Negligence content

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...

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...

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...

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:...

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

Smith v Manchester awards

The nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability resulting from an injury,...

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

Collateral benefits and double recovery

General principlesAs a general rule, a claimant must give credit for any financial gains they make that they have received as a result of their...

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

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

Low Velocity Impact RTAs—in detail

IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...

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

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

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

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

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

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

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

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...

Produced in partnership with Louise Thomson 12th Jan

Practice notes

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)...

9th Nov

Most recent Clinical negligence content

Practice notes

The Pre-Action Protocol for the Resolution of Clinical Disputes—pre-6 April 2015 [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.Note: A new version of the protocol applies from 6 April 2015. For the post-6...

Produced in partnership with Andrew Ritchie QC of 9 Gough Chambers 20th Jan

Precedents

Mediation statement to court, directions and example orders—clinical negligence and personal injury

Statement to court in respect of mediationI have considered the following factors in order to determine whether this case is suitable for ADR:1[The...

Produced in partnership with Marcus Weatherby of Pattinson Brewer 19th Jan

Precedents

Mediation directions and draft orders—personal injury and clinical negligence

Post-issue suggested mediation directions1[On or before [insert] the parties shall exchange lists of three neutral individuals who are available to...

Produced in partnership with Marcus Weatherby of Pattinson Brewer 19th Jan

Practice notes

Clinical negligence claims—funding and costs

FundingThe usual mechanisms for funding a clinical negligence claim are:•legal aid/public funding•conditional fee agreement (CFA)•damages-based...

Produced in partnership with David Willink of Lamb Chambers 19th Jan

Practice notes

Findings, determinations and conclusions of an inquest

A coroner (or a jury where there is one) is required to make a determination at the end of an inquest of the matters which were ascertained from the...

Produced in partnership with James Robottom of 7BR 18th Jan

COVID-19

Precedents

Medical records subject access request form

Note: The Retained General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) is applicable under UK law from the end of the...

Produced in partnership with David Robinson of Thompsons Solicitors 18th Jan

Practice notes

The pre-action protocol for the resolution of clinical disputes—6 April 2015 onwards

Coronavirus (Covid-19): The COVID-19 Clinical Negligence Protocol (2020) has been created to adapt clinical negligence claims handling and litigation...

18th Jan

Practice notes

Medical records and disclosure in clinical negligence cases

The right to obtain disclosureThe fundamental purpose of disclosure is to further the overriding objective by ensuring parties to litigation are on an...

Produced in partnership with Andrew Ritchie QC of 9 Gough Chambers 18th Jan

Practice notes

Costs orders—children, protected parties and litigation friends

This Practice Note considers the recovery of costs in proceedings involving a child or a protected party. In the majority of cases, the child or...

18th Jan

Practice notes

Legal Aid Agency funding of clinical negligence cases

BackgroundThe Access to Justice Act 1999 (AJA 1999) established the Legal Services Commission (LSC), the body which came into being on 1 April 2000 to...

16th Jan

Practice notes

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...

Produced in partnership with Louise Thomson 16th Jan

Practice notes

Clinical negligence claims involving labour and delivery—injuries to the child

This Practice Note sets out practical considerations when managing these types of claims, followed by an overview of common types of injury to...

Produced in partnership with Renée Wood 16th Jan

Practice notes

Interpreting dental notes and expert reports

Dental notesA common difficulty for lawyers dealing with dental negligence claims is the nomenclature in the notes. The format of notes has changed...

Produced in partnership with Mike Hill of Trinity Chambers 16th Jan

Practice notes

Complaints against the NHS

The NHS complaints procedureA patient’s search for a proper explanation about what went wrong, for an apology and for a promise that such mistakes...

Produced in partnership with Andrew Ritchie QC of 9 Gough Chambers 16th Jan

Practice notes

Clinical negligence claims involving labour and delivery—injuries to the mother

This Practice Note begins with a reminder of the importance of Montgomery, followed by an examination of the practical considerations when managing...

Produced in partnership with Renée Wood 16th Jan

Practice notes

Claims for implanted medical devices

Brexit: The UK's departure from the EU has implications for practitioners considering product liability and cross-border claims. This Practice Note is...

Produced in partnership with Conor Dufficy of 7 Bedford Row 16th Jan

Practice notes

Identifying the correct defendant in clinical negligence claims

Coronavirus (Covid-19): A scheme has been launched by NHS Resolution to meet liabilities arising from the special healthcare arrangements being put in...

Produced in partnership with Sarah Fraser Butlin of Cloisters 16th Jan

Practice notes

Clinical negligence claims arising from anaesthesia

Overview of anaesthesia practiceAnaesthesia forms the largest single hospital medical speciality and the skills of anaesthetists are used in all...

16th Jan

Practice notes

Damages in 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...

Produced in partnership with Renée Wood 16th Jan

Practice notes

Clinical negligence claims procedure

Coronavirus (Covid-19): The COVID-19 Clinical Negligence Protocol (2020) has been created to adapt clinical negligence claims handling and litigation...

16th Jan