Clinical negligence

View PI & Clinical Negligence by content type:

Latest PI & Clinical Negligence News

Featured PI & Clinical Negligence content

Practice notes
Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For offers made prior to this,...
Read More >
Produced in partnership with Andrew Wilson 12th Jan
Practice notes
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...
Read More >
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...
Read More >
9th Nov
Practice notes
Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...
Read More >
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...
Read More >
9th Nov
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...
Read More >
9th Nov
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...
Read More >
Produced in partnership with Andrew Wilson 12th Jan
Practice notes
IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...
Read More >
Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
Read More >
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...
Read More >
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...
Read More >
9th Nov
Practice notes
Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...
Read More >
9th Nov
Practice notes
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...
Read More >
9th Nov
Practice notes
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...
Read More >
9th Nov
Practice notes
What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a...
Read More >
9th Nov
Practice notes
LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public...
Read More >
Produced in partnership with Greg Ó Ceallaigh of Garden Court Chambers 12th Jan

Most recent Clinical negligence content

Precedents
Claim against a hospital for contracting MRSA (or other hospital related infection)[In the High Court of JusticeORIn the County Court at...
Read More >
Produced in partnership with Thea Wilson of 12 Kings Bench Walk 13th May
Practice notes
Claims for implanted medical devicesGuidance on care standards for cosmetic procedures is provided by the General Medical Council and came into effect...
Read More >
Produced in partnership with Conor Dufficy of 7 Bedford Row 13th May
Practice notes
NHS Redress Scheme—WalesBackgroundThe National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011, SI 2011/704...
Read More >
12th May
Practice notes
This Practice Note explains how the conditional fee regime operates for personal injury and clinical negligence matters including:•what a CFA is•the...
Read More >
5th May
Precedents
[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT LOCATION] DISTRICT REGISTRY]Claim No:Between[Insert...
Read More >
27th Apr
Practice notes
NOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced that the discount rate would change...
Read More >
Produced in partnership with Louise Thomson 27th Apr
Practice notes
NOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced that the discount rate would change...
Read More >
Produced in partnership with Renée Wood 27th Apr
Practice notes
NOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced that the discount rate would change...
Read More >
Produced in partnership with Louise Thomson 27th Apr
Precedents
[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT LOCATION] DISTRICT REGISTRY]Claim No:Between[Insert...
Read More >
27th Apr
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...
Read More >
22nd Apr
Precedents
[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[SPECIFY SPECIALIST COURT]][[INSERT LOCATION] DISTRICT...
Read More >
20th Apr
Practice notes
What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a...
Read More >
20th Apr
Practice notes
In June 2010, a full public inquiry into the Mid Staffordshire Foundation NHS Trust was announced. This was following concerns about standards of care...
Read More >
14th Apr
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...
Read More >
13th Apr
Practice notes
NOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced that the discount rate would change...
Read More >
Produced in partnership with Mike Hill of Trinity Chambers 9th Apr
Practice notes
Coronavirus (COVID-19): The COVID-19 Clinical Negligence Protocol (2020) has been created to adapt clinical negligence claims handling and litigation...
Read More >
9th Apr
Practice notes
Remoteness and foreseeabilityIf an injury was in fact caused by an act of clinical negligence, that does not mean the courts will award damages to the...
Read More >
Produced in partnership with Sarah Fraser Butlin of Cloisters 9th Apr
Practice notes
The Oxford English dictionary defines a tattoo as follows: ‘to mark (a part of the body) with an indelible design by inserting pigment into punctures...
Read More >
Produced in partnership with Jacqueline Swain of St John's Buildings 9th Apr
Practice notes
This Practice Note begins with a reminder of the importance of Montgomery, followed by an examination of the practical considerations when managing...
Read More >
Produced in partnership with Renée Wood 9th Apr
Practice notes
For further consent issues such as emergency treatment, withdrawal of consent, capacity, professional guidance, battery and Human Rights Act 1998...
Read More >
Produced in partnership with James Byrne of 9 Gough Square 9th Apr

Popular documents