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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

Medco

Medco

MedcoSTOP PRESS: A new RTA small claims protocol for whiplash claims comes into effect for accidents occurring on or after 31 May 2021. The small...

Past loss of earnings

Past loss of earnings

Past loss of earningsCommon issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For...

Qualified one-way costs shifting (QOCS)

Qualified one-way costs shifting (QOCS)

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...

EL/PL claims in the portal—a practical guide (Stage 1)

EL/PL claims in the portal—a practical guide (Stage 1)

EL/PL claims in the portal—a practical guide (Stage 1)This Practice Note provides an overview of the Pre-Action Protocol for Low Value Personal Injury...

Practice notes

Was the damage foreseeable?

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?

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?

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 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

Duty of care and breach in clinical negligence claims

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 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

Liability under the Animals Act 1971—all other animals

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 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
Q&As

Is there any guidance on what costs are payable in a claim which was initially submitted via the low value Ministry of Justice portal but it transpires that the value is in excess of the upper limit of £25,000? Can you exit the claim from the portal on grounds that it exceeds the upper value?

Is there any guidance on what costs are payable in a claim which was initially submitted via the low value Ministry of Justice portal but it...
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19th May
Practice notes

Uninsured drivers and the role of the MIB—for accidents occurring on or after 1 August 2015

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

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

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 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 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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19th May
Practice notes

Military claims

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 claims

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 procedure

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 claims

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 reports

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 claims

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 cases

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 claims

Valuing dental negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced that...
Read More >
Produced in partnership with Mike Hill of Trinity Chambers 5th Jun
Precedents

Letter of instruction to expert on causation

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 duty

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 surgery

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 2015

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 prognosis

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 2015

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

Popular documents

Rescission of a contract

Rescission of a contract

Rescission of a contractWhat is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual

Scotland: the Accountant in Bankruptcy

Scotland: the Accountant in Bankruptcy

Scotland: the Accountant in BankruptcyThe office of the Accountant in Bankruptcy (AiB) was created by section 156 of the Bankruptcy (Scotland) Act 1856 . Previously, the functions of the AiB were limited but since 1993, with the enactment of the Bankruptcy (Scotland) Act 1993 (B(S)A 1993), the role

Voluntary manslaughter

Voluntary manslaughter

Voluntary manslaughterVoluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for murder) but which are reduced to manslaughter because of one of the three special defences (loss of control, diminished

EL/PL claims in the portal—a practical guide (Stage 1)

EL/PL claims in the portal—a practical guide (Stage 1)

EL/PL claims in the portal—a practical guide (Stage 1)This Practice Note provides an overview of the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims from 31 July 2013 (the EL/PL protocol) in particular Stage 1 of the process. For guidance on Stage