Clinical negligence

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Featured PI & Clinical Negligence content

Practice notes
Bringing a claim against a public authority in negligence—basis of dutyWhen will a public authority owe a duty of care?The Supreme Court considered...
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19th May
Practice notes
Untraced drivers and the role of the MIB—for accidents occurring on or after 1 March 2017NOTE: For accidents after 1 March 2017 the Motor Insurers'...
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19th May
Practice notes
Liability under the Animals Act 1971—all other animalsAll animals except those that belong to a dangerous species (all non-dangerous animals) are...
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19th May
Practice notes
Fee remissionsIntroductionCourt and tribunal fees are, for many, prohibitively high. For those in the most straitened circumstances, fee remissions,...
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Produced in partnership with David Willink of Lamb Chambers 19th May
Practice notes
The court’s power to extend the time limit—section 33 of the Limitation Act 1980The Limitation Act 1980 is referred to as LA 1980.The power to...
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19th May
Practice notes
Drafting schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the...
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Produced in partnership with Louise Thomson 19th May
Q&As
Section 152(1) of the Road Traffic Act 1988 (RTA 1988) states that no sum is payable by an insurer under RTA 1988, s 151 in respect of any judgment...
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Produced in partnership with David Sawtell of 39 Essex Chambers 19th May
Practice notes
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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19th May
Practice notes
Quantifying damages for the estate under the Law Reform ActWhat can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act...
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19th May
Practice notes
Damages in clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...
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Produced in partnership with Renée Wood 19th May
Practice notes
Psychiatric injury—secondary victimsWhat is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the...
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Produced in partnership with Andrew Wilson 19th May
Precedents
[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT LOCATION] DISTRICT REGISTRY]Claim No:Between[Insert...
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19th May
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...
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19th May
Practice notes
Drafting counter schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount...
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Produced in partnership with Louise Thomson 19th May

Most recent Clinical negligence content

Practice notes
Claims for implanted medical devicesGuidance on care standards for cosmetic procedures is provided by the General Medical Council and came into effect...
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Produced in partnership with Conor Dufficy of 7 Bedford Row 16th Sep
Practice notes
Qualified one-way costs shifting (QOCS)—case trackerThis case tracker considers case law in relation to qualified one-way costs shifting (QOCS) in...
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15th Sep
Practice notes
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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15th Sep
Practice notes
ADR in clinical negligence claimsCoronavirus (COVID-19): The COVID-19 Clinical Negligence Protocol (2020) (last updated on 8 June 2021) has been...
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Produced in partnership with Marcus Weatherby of Pattinson Brewer 10th Sep
Practice notes
Conditional fee agreements after 1 April 2013—personal injury and clinical negligenceThis Practice Note explains how the conditional fee regime...
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10th Sep
Practice notes
Recovery of social security benefitsThe recovery systemA claimant will often receive state benefits as a result of an accident, injury or disease. The...
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9th Sep
Precedents
Invitations to mediate at various stages of a personal injury or clinical negligence matter[insert name and address of addressee][insert date]Dear...
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Produced in partnership with Marcus Weatherby of Pattinson Brewer 8th Sep
Precedents
Mediation statement to court, directions and example orders—clinical negligence and personal injuryStatement to court in respect of mediationI have...
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Produced in partnership with Marcus Weatherby of Pattinson Brewer 8th Sep
Precedents
Mediation directions and draft orders—personal injury and clinical negligencePost-issue suggested mediation directions1[On or before [insert] the...
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Produced in partnership with Marcus Weatherby of Pattinson Brewer 8th Sep
Precedents
Invitation to mediate, clinical negligence or personal injury—straightforward case[insert name and address of addressee][insert date]Dear [insert...
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Produced in partnership with Marcus Weatherby of Pattinson Brewer 8th Sep
Precedents
Letter to claimant client advising what will happen at mediation—clinical negligence and personal injury[insert name and address of addressee][insert...
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Produced in partnership with Marcus Weatherby of Pattinson Brewer 8th Sep
Practice notes
Settlement in clinical negligence claimsCoronavirus (COVID-19): The COVID-19 Clinical Negligence Protocol (2020) (last updated on 8 June 2021) has...
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8th Sep
Precedents
Schedule of special damages—serious injury multi track[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT...
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8th Sep
Practice notes
Extending the limitation period in clinical negligence claimsCoronavirus (COVID-19): The COVID-19 Clinical Negligence Protocol (2020) (last updated on...
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8th Sep
Practice notes
Damages-based agreements—personal injury and clinical negligenceThis Practice Note explains how the damages-based agreement (DBA) regime operates...
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3rd Sep
Practice notes
Organising medical recordsAdvantages of collating medical recordsOrganising medical records prior to instructing a medical expert has several...
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2nd Sep
Practice notes
The Pre-Action Protocol for the Resolution of Clinical Disputes—6 April 2015 onwardsCoronavirus (COVID-19): The COVID-19 Clinical Negligence Protocol...
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1st Sep
Practice notes
Cosmetic surgery claimsDefinitionGuidance for doctors who offer cosmetic interventions, published by the General Medical Council (GMC) in 2016...
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Produced in partnership with Catriona Stirling of Cloisters 26th Aug
Practice notes
Common liability issues in dental negligence claimsThere are a number of commonly encountered liability disputes when dealing with dental claims....
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Produced in partnership with Mike Hill of Trinity Chambers 26th Aug
Practice notes
Clinical negligence claims involving labour and delivery—injuries to the motherThis Practice Note begins with a reminder of the importance of...
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Produced in partnership with Renée Wood 26th Aug

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