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Latest PI & Clinical Negligence News

Personal injury and the potential issues relating to the registration of cyclists and e-scooters

Personal injury and the potential issues relating to the registration of cyclists and e-scooters

The following PI & Clinical Negligence news provides comprehensive and up to date legal information on Personal injury and the potential issues relating to the registration of cyclists and e-scooters

The value of co-funding in litigation funding

The value of co-funding in litigation funding

The following Dispute Resolution news provides comprehensive and up to date legal information on The value of co-funding in litigation funding

Court of Appeal considers the withdrawal of admissions (J v A South Wales local authority)

Court of Appeal considers the withdrawal of admissions (J v A South Wales local authority)

The following Dispute Resolution news provides comprehensive and up to date legal information on Court of Appeal considers the withdrawal of admissions (J v A South Wales local authority)

Claim struck out for lack of valid assignment of JCT Contract (Aviva v Shepherd Construction Ltd)

Claim struck out for lack of valid assignment of JCT Contract (Aviva v Shepherd Construction Ltd)

The following Commercial news provides comprehensive and up to date legal information on Claim struck out for lack of valid assignment of JCT Contract (Aviva v Shepherd Construction Ltd)

Featured PI & Clinical Negligence content

Time limits under the Limitation Act 1980—personal injury claims

Time limits under the Limitation Act 1980—personal injury claims

Time limits under the Limitation Act 1980—personal injury claimsThe Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits...

Is there any case law on an Article 75 insurer’s ability to avoid its liability to meet a judgment in circumstances where the claimant was travelling in a stolen vehicle? The claim made is not against the insurer of the vehicle the claimant was a passenger in but against another vehicle of which the insurers have Article 75 status.

Is there any case law on an Article 75 insurer’s ability to avoid its liability to meet a judgment in circumstances where the claimant was travelling in a stolen vehicle? The claim made is not against the insurer of the vehicle the claimant was a passenger in but against another vehicle of which the insurers have Article 75 status.

Article 75 is an agreement between the Motor Insurers’ Bureau (the MIB) and its members under which the motor insurer will accept liability in certain...

Smith v Manchester awards

Smith v Manchester awards

Smith v Manchester awardsThe nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability...

Did the claimant consent to the risk of injury?

Did the claimant consent to the risk of injury?

Did the claimant consent to the risk of injury?The essence of a defence of volenti non fit injuria (‘to a willing person, no injury is done’) is that...

Practice notes

What is fundamental dishonesty?

What is fundamental dishonesty?This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and...
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19th May
Practice notes

The employer’s duty of care

The employer’s duty of careOverriding dutiesAt common law, an employer is under a duty to take reasonable care of the health and safety of its...
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19th May
Practice notes

CRU certificates—recoverable benefits and lump sum payments

CRU certificates—recoverable benefits and lump sum paymentsSeparate legislation covers the recovery of NHS charges. For guidance on requesting and...
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19th May
Practice notes

Future loss of earnings—personal injury claims

Future loss of earnings—personal injury claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor...
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19th May
Practice notes

Vicarious liability in the course of employment—the close connection test

Vicarious liability in the course of employment—the close connection testTo identify the circumstances in which a court may find an employer to be...
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Produced in partnership with Andrew Wilson 19th May
Practice notes

Product liability—claims in negligence

Product liability—claims in negligenceThe duty of careThe general principles of negligence apply, namely that the claimant has to establish that the...
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19th May
Practice notes

Interest on general damages, special damages and judgment debt

Interest on general damages, special damages and judgment debtInterest on general damagesEntitlementA claimant is entitled to simple interest at a...
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19th May
Practice notes

The court’s power to extend the time limit—section 33 of the Limitation Act 1980

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

Quantifying damages for the estate under the Law Reform Act

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
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...
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19th May
Practice notes

Psychiatric injury—secondary victims

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
Practice notes

Drafting counter schedules of loss in PI and clinical negligence claims

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
Practice notes

Low Velocity Impact RTAs—in detail

Low Velocity Impact RTAs—in detailIntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and...
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Produced in partnership with Andrew Wilson 19th May
Practice notes

Loss of pension—personal injury claims

Loss of pension—personal injury claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...
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19th May
Practice notes

Contributory negligence in road traffic accidents

Contributory negligence in road traffic accidentsIn some instances someone may suffer damage that results partly from their own fault and partly from...
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19th May
Practice notes

Misfeasance in public office

Misfeasance in public officeThe tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only...
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19th May

Most recent Damages content

Practice notes

Rehabilitation in serious brain injury claims

Rehabilitation in serious brain injury claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor...
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Produced in partnership with Caroline Klage of Bolt Burdon Kemp 14th Jul
Practice notes

Valuing serious brain injury claims

Valuing serious brain injury claimsDamagesGeneral damagesGeneral damages are awarded for pain, suffering and loss of amenity. They will be quantified...
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Produced in partnership with Caroline Klage of Bolt Burdon Kemp 8th Jul
Precedents

Schedule of special damages—serious injury multi track

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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25th Jun
Practice notes

Loss of congenial employment

Loss of congenial employmentNature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial...
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24th Jun
Practice notes

Other heads of general damages

Other heads of general damagesGeneral damagesGeneral damages comprise those heads of loss that are non-pecuniary and are not capable of precise...
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24th Jun
Q&As

Can you direct me to the guidance and case law on contributory negligence in a clinical negligence claim?

Can you direct me to the guidance and case law on contributory negligence in a clinical negligence claim?The Law Reform (Contributory Negligence) Act...
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Produced in partnership with James Tunley of Lamb Chambers 5th Jun
Practice notes

Drafting counter schedules of loss in PI and clinical negligence claims

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 5th Jun
Practice notes

Damages in clinical negligence claims

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 5th Jun
Practice notes

The Ogden tables

The Ogden tablesNOTE: The 8th edition of the Ogden Tables (updated in May 2021) can be accessed here.NOTE: On 15 July 2019, at the conclusion of the...
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5th Jun
Practice notes

General damages in fatal accident claims

General damages in fatal accident claimsElements of a fatal accident claimThere are two different elements to a fatal accident claim:•the Law Reform...
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5th Jun
Practice notes

Drafting schedules of loss in PI and clinical negligence claims

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...
Read More >
Produced in partnership with Louise Thomson 5th Jun
Practice notes

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

Loss of a chance and foreseeability of damage in clinical negligence claimsRemoteness and foreseeabilityIf an injury was in fact caused by an act of...
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Produced in partnership with Sarah Fraser Butlin of Cloisters 5th Jun
Practice notes

Recovery of social security benefits

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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5th Jun
Practice notes

Pain, suffering and loss of amenity

Pain, suffering and loss of amenityValuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of...
Read More >
5th Jun
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Practice notes

Smith v Manchester awards

Smith v Manchester awardsThe nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability...
Read More >
5th Jun
Precedents

Schedule of special damages—multi track

Schedule of special damages—multi track[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT LOCATION] DISTRICT...
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5th Jun
Precedents

Periodical payments order

Periodical payments orderCLAIM No.___________IN THE HIGH COURT OF JUSTICEQUEEN’S BENCH DIVISIONParties1X Y(by her litigation friend A C)Claimantand2R...
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5th Jun
Precedents

Counter schedule of special damages—multi track

Counter schedule of special damages—multi track[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[SPECIFY SPECIALIST...
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5th Jun

Popular documents

Forming enforceable contracts—consideration

Forming enforceable contracts—consideration

Forming enforceable contracts—considerationThis Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A promise will only be capable of being contractually enforced if it is either made in a deed or made in

Reversionary lease by reference

Reversionary lease by reference

 LR1. Date of the lease[date]LR2. Title Number(s)LR2.1 Landlord's title number(s)[title numbers out of which this Lease is granted. Leave blank if not registered]LR2.2 Other title numbers[existing title number(s) against which entries of matters referred to in LR9, LR10, LR11 and LR13 are to be

Guide to using the Lexis®PSL Employment Schedule of Loss application

Guide to using the Lexis®PSL Employment Schedule of Loss application

Guide to using the Lexis®PSL Employment Schedule of Loss applicationThe automated unfair dismissal schedule of loss is designed to make the preparation of a schedule more efficient, accurate and also easier to update. It:•can be used to create a schedule for a claimant or a counter-schedule for a

TCC—preparing for and attending a pre-trial review (PTR)

TCC—preparing for and attending a pre-trial review (PTR)

TCC—preparing for and attending a pre-trial review (PTR)Note:•this Practice Note gives specific guidance on matters proceeding in the Technology and Construction Court (TCC) under the provisions set out in CPR 60, CPR PD 60 and the TCC Guide. As these provisions are additional to the general