Dental claims

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Practice notes
Was the damage foreseeable?The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach...
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19th May
Practice notes
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...
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19th May
Practice notes
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
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
Duty of care and breach in clinical negligence claimsThe duty of careA medical practitioner owes a duty of care to their patient. This duty is to take...
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Produced in partnership with Andrew Ritchie QC of 9 Gough Chambers 19th May
Practice notes
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 debtInterest on general damagesEntitlementA claimant is entitled to simple interest at a...
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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
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
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
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
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
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 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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19th May
Practice notes
Military claimsBackgroundIt is helpful to put the law relating to military claims into historical context.Until 1987, section 10 of the Crown...
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19th May

Most recent Dental claims content

Practice notes
Settlement in clinical negligence claimsCoronavirus (COVID-19): The COVID-19 Clinical Negligence Protocol (2020) has been created to adapt clinical...
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8th Jul
Practice notes
Clinical negligence claims procedureCoronavirus (COVID-19): The COVID-19 Clinical Negligence Protocol (2020) has been created to adapt clinical...
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23rd Jun
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 5th Jun
Practice notes
Interpreting dental notes and expert reportsDental notesA common difficulty for lawyers dealing with dental negligence claims is the nomenclature in...
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Produced in partnership with Mike Hill of Trinity Chambers 5th Jun
Practice notes
Duty of care and breach in clinical negligence claimsThe duty of careA medical practitioner owes a duty of care to their patient. This duty is to take...
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Produced in partnership with Andrew Ritchie QC of 9 Gough Chambers 5th Jun
Practice notes
Medical records and disclosure in clinical negligence casesThe right to obtain disclosureThe fundamental purpose of disclosure is to further the...
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Produced in partnership with Andrew Ritchie QC of 9 Gough Chambers 5th Jun
Practice notes
Valuing dental negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced that...
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Produced in partnership with Mike Hill of Trinity Chambers 5th Jun
Precedents
Letter of instruction to expert on causationDear [insert name]Case details:NameAddressDate of BirthDate of Alleged Negligent Treatment[I act for the...
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Produced in partnership with Arti Shah of Fieldfisher 5th Jun
Precedents
Letter of instruction to clinical negligence expert for report on breach of dutyDear [insert expert’s name]Claimant’s name: [insert the Claimant’s...
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Produced in partnership with Arti Shah of Fieldfisher 5th Jun
Precedents
Defence against a claim for damages for failure to obtain consent for cosmetic surgeryClaim No: [insert number]In the High Court of JusticeQueen's...
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Produced in partnership with Nageena Khalique QC of No 5 Chambers 5th Jun
Precedents
Letter of notification in clinical negligence matters from 6 April 2015ToDefendantDear [insert organisation name]Letter of NotificationRe: [Claimant’s...
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5th Jun
Precedents
Letter of instruction to clinical negligence expert on condition and prognosisDear [insert name]Case details:NameAddressDate of BirthDate of Alleged...
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5th Jun
Precedents
Letter of response in clinical negligence matters from 6 April 2015ToClaimantDear [insert organisation name]Letter of Response[Claimant’s name] v...
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5th Jun

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