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Latest PI & Clinical Negligence News

Henderson v Henderson considered in context of unfair prejudice proceedings (Taylor Goodchild Ltd v Taylor and Scott Taylor Law Ltd)

The following Corporate news provides comprehensive and up to date legal information on Henderson v Henderson considered in context of unfair prejudice proceedings (Taylor Goodchild Ltd v Taylor and Scott Taylor Law Ltd)

Who to sue? Non-delegable duties of care to patients and vicarious liability for self-employed dentists (Hughes v Rattan)

The following Dispute Resolution news provides comprehensive and up to date legal information on Who to sue? Non-delegable duties of care to patients and vicarious liability for self-employed dentists (Hughes v Rattan)

Factor in Factortame—funding and champerty for creative litigation lawyers (Farrar (deceased) v Candey Ltd and another)

The following Dispute Resolution news provides comprehensive and up to date legal information on Factor in Factortame—funding and champerty for creative litigation lawyers (Farrar (deceased) v Candey Ltd and another)

PI & Clinical Negligence weekly highlights—29 July 2021

The following PI & Clinical Negligence news provides comprehensive and up to date legal information on PI & Clinical Negligence weekly highlights—29 July 2021

Featured PI & Clinical Negligence content

False imprisonment

False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made...

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 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)What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson...

Practice notes

Motor claims in the Portal—a practical guide (Stage 1)

Motor claims in the Portal—a practical guide (Stage 1)The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents—30 April...

Produced in partnership with Sue Brown 19th May

Practice notes

Credit hire—an introduction

Credit hire—an introductionReplacement vehicles and hire generallyWhere a driver’s vehicle has suffered damage in an accident sufficient for it to...

Produced in partnership with Andrew Wilson 19th May

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...

19th May

Practice notes

Psychiatric injury—primary victims

Psychiatric injury—primary victimsDefining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident...

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...

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...

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...

Produced in partnership with Andrew Wilson 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...

19th May

Practice notes

Bringing a claim against a public authority in negligence—basis of duty

Bringing a claim against a public authority in negligence—basis of dutyWhen will a public authority owe a duty of care?The Supreme Court considered...

19th May

Practice notes

Untraced drivers and the role of the MIB—for accidents occurring on or after 1 March 2017

Untraced drivers and the role of the MIB—for accidents occurring on or after 1 March 2017NOTE: For accidents after 1 March 2017 the Motor Insurers'...

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...

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...

Produced in partnership with Renée Wood 19th May

Q&As

What costs are payable on a matter which is in the MOJ portal but settles for less than £1,000? At the time that the matter was entered in the portal the claim was valued at over £1,000.

What costs are payable on a matter which is in the MOJ portal but settles for less than £1,000? At the time that the matter was entered in the portal...

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...

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...

19th May

Practice notes

Fixed costs in road traffic accident claims

Fixed costs in road traffic accident claimsPre-Action Protocol for Low Value Personal Injury Claims in Road Traffic AccidentsThe protocol applies to...

19th May

Most recent Funding and costs content

Practice notes

Costs orders—children, protected parties and litigation friends

Costs orders—children, protected parties and litigation friendsThis Practice Note considers the recovery of costs in proceedings involving a child or...

31st Jul

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...

30th Jul

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...

30th Jul

Practice notes

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...

8th Jul

Practice notes

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

Conditional fee agreements after 1 April 2013—personal injury and clinical negligenceThis Practice Note explains how the conditional fee regime...

22nd Jun

Practice notes

Damages-based agreements—personal injury and clinical negligence

Damages-based agreements—personal injury and clinical negligenceThis Practice Note explains how the damages-based agreement (DBA) regime operates...

22nd Jun

Practice notes

Clinical Negligence Scheme for General Practice

Clinical Negligence Scheme for General PracticeCoronavirus (COVID-19): A scheme has been launched by NHS Resolution to meet liabilities arising from...

16th Jun

Q&As

Can a legally aided birth injury infant claimant make an application for fee exemption at the outset of the claim? Are legally aided clients not subject to fee exemption?

Can a legally aided birth injury infant claimant make an application for fee exemption at the outset of the claim? Are legally aided clients not...

Produced in partnership with Rankeshwar Batta of Anthony Collins Solicitors 5th Jun

Practice notes

Terminating retainers and transfer and variation of CFAs [Archived]

Terminating retainers and transfer and variation of CFAs [Archived]ARCHIVED: This Practice Note has been archived and is not maintained. For how the...

Produced in partnership with Sue Brown 5th Jun

Practice notes