Clinical negligence

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Practice notes
Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
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9th Nov
Practice notes
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,...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
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...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
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...
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9th Nov
Practice notes
IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...
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Produced in partnership with Ian Huckstepp of IRH Solicitors 12th Jan
Practice notes
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...
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Produced in partnership with Andrew Wilson 12th Jan
Precedents
Brexit: The UK’s departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
The tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only available against public...
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9th Nov
Practice notes
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...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
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...
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Produced in partnership with Louise Thomson 12th Jan
Practice notes
Pre-action protocol for low value personal injury claims in road traffic accidentsThe protocol applies to all road traffic accident (RTA)...
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9th Nov

Most recent Clinical negligence content

Practice notes
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...
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Produced in partnership with Andrew Ritchie QC of 9 Gough Chambers 20th Jan
Precedents
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...
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Produced in partnership with Marcus Weatherby of Pattinson Brewer 19th Jan
Precedents
Post-issue suggested mediation directions1[On or before [insert] the parties shall exchange lists of three neutral individuals who are available to...
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Produced in partnership with Marcus Weatherby of Pattinson Brewer 19th Jan
Practice notes
FundingThe usual mechanisms for funding a clinical negligence claim are:•legal aid/public funding•conditional fee agreement (CFA)•damages-based...
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Produced in partnership with David Willink of Lamb Chambers 19th Jan
Practice notes
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...
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Produced in partnership with James Robottom of 7BR 18th Jan
Precedents
Note: The Retained General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) is applicable under UK law from the end of the...
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Produced in partnership with David Robinson of Thompsons Solicitors 18th Jan
Practice notes
Coronavirus (Covid-19): The COVID-19 Clinical Negligence Protocol (2020) has been created to adapt clinical negligence claims handling and litigation...
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18th Jan
Practice notes
The right to obtain disclosureThe fundamental purpose of disclosure is to further the overriding objective by ensuring parties to litigation are on an...
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Produced in partnership with Andrew Ritchie QC of 9 Gough Chambers 18th Jan
Practice notes
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...
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18th Jan
Practice notes
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...
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16th Jan
Practice notes
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...
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Produced in partnership with Louise Thomson 16th Jan
Practice notes
This Practice Note sets out practical considerations when managing these types of claims, followed by an overview of common types of injury to...
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Produced in partnership with Renée Wood 16th Jan
Practice notes
Dental notesA common difficulty for lawyers dealing with dental negligence claims is the nomenclature in the notes. The format of notes has changed...
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Produced in partnership with Mike Hill of Trinity Chambers 16th Jan
Practice notes
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...
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Produced in partnership with Andrew Ritchie QC of 9 Gough Chambers 16th Jan
Practice notes
This Practice Note begins with a reminder of the importance of Montgomery, followed by an examination of the practical considerations when managing...
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Produced in partnership with Renée Wood 16th Jan
Practice notes
Brexit: The UK's departure from the EU has implications for practitioners considering product liability and cross-border claims. This Practice Note is...
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Produced in partnership with Conor Dufficy of 7 Bedford Row 16th Jan
Practice notes
Coronavirus (Covid-19): A scheme has been launched by NHS Resolution to meet liabilities arising from the special healthcare arrangements being put in...
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Produced in partnership with Sarah Fraser Butlin of Cloisters 16th Jan
Practice notes
Overview of anaesthesia practiceAnaesthesia forms the largest single hospital medical speciality and the skills of anaesthetists are used in all...
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16th Jan
Practice notes
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...
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Produced in partnership with Renée Wood 16th Jan
Practice notes
Coronavirus (Covid-19): The COVID-19 Clinical Negligence Protocol (2020) has been created to adapt clinical negligence claims handling and litigation...
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16th Jan

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