Clinical negligence

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Latest PI & Clinical Negligence News

Claimant recovers damages from MIB 24 years after accident—settlement approved, but amount to remain confidential (Johnson v Secretary of State for Transport and MIB)

CPR Committee annual open meeting—14 May 2021

The following Construction news provides comprehensive and up to date legal information on CPR Committee annual open meeting—14 May 2021

PI & Clinical Negligence weekly highlights—13 May 2021

The following PI & Clinical Negligence news provides comprehensive and up to date legal information on PI & Clinical Negligence weekly highlights—13 May 2021

Inexcusable delay giving judgment, dishonest assistance and dual vicarious liability (Natwest Markets plc v Bilta UK Ltd (In liquidation))

The following Dispute Resolution news provides comprehensive and up to date legal information on Inexcusable delay giving judgment, dishonest assistance and dual vicarious liability (Natwest Markets plc v Bilta UK Ltd (In liquidation))

Featured PI & Clinical Negligence content

Claims for lost years

The claim and basis for itThis type of claim is made on behalf of a living claimant whose life expectancy has been reduced as a result of the...

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)...

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...

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...

Practice notes

Part 36 offers in PI and clinical negligence claims

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,...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Loss of congenial employment

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...

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

Interest on general damages, special damages and judgment debt

Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...

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

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

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

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

Motor insurance

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

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

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

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:...

9th Nov

Practice notes

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...

9th Nov

Practice notes

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...

9th Nov

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 costs reforms following the removal of a...

9th Nov

Practice notes

False imprisonment

LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public...

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)

Claim against a hospital for contracting MRSA (or other hospital related infection)[In the High Court of JusticeORIn the County Court at...

Produced in partnership with Thea Wilson of 12 Kings Bench Walk 13th May

Practice notes

Claims for implanted medical devices

Claims for implanted medical devicesGuidance on care standards for cosmetic procedures is provided by the General Medical Council and came into effect...

Produced in partnership with Conor Dufficy of 7 Bedford Row 13th May

Practice notes

NHS Redress Scheme—Wales

NHS Redress Scheme—WalesBackgroundThe National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011, SI 2011/704...

12th May

Practice notes

Conditional fee agreements after 1 April 2013—personal injury and clinical negligence

This Practice Note explains how the conditional fee regime operates for personal injury and clinical negligence matters including:•what a CFA is•the...

5th May

Precedents

Schedule of special damages—multi track

[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT LOCATION] DISTRICT REGISTRY]Claim No:Between[Insert...

27th Apr

Practice notes

Drafting schedules of loss in PI and clinical negligence claims

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...

Produced in partnership with Louise Thomson 27th Apr

Practice notes

Damages in clinical negligence claims

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...

Produced in partnership with Renée Wood 27th Apr

Practice notes

Drafting counter schedules of loss in PI and clinical negligence claims

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...

Produced in partnership with Louise Thomson 27th Apr

Precedents

Schedule of special damages—serious injury multi track

[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT LOCATION] DISTRICT REGISTRY]Claim No:Between[Insert...

27th Apr

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...

22nd Apr

Precedents

Counter schedule of special damages—multi track

[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[SPECIFY SPECIALIST COURT]][[INSERT LOCATION] DISTRICT...

20th Apr

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 costs reforms following the removal of a...

20th Apr

Practice notes

The duty of candour

In June 2010, a full public inquiry into the Mid Staffordshire Foundation NHS Trust was announced. This was following concerns about standards of care...

14th Apr

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...

13th Apr

Practice notes

Valuing dental negligence claims

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...

Produced in partnership with Mike Hill of Trinity Chambers 9th Apr

Practice notes

Extending the limitation period in clinical negligence claims

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

9th Apr

Practice notes

Loss of a chance and foreseeability of damage in clinical negligence claims

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...

Produced in partnership with Sarah Fraser Butlin of Cloisters 9th Apr

Practice notes

Personal injury—tattoo claims

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...

Produced in partnership with Jacqueline Swain of St John's Buildings 9th Apr

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 9th Apr

Practice notes