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Practice notes
Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...
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9th Nov
Practice notes
Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
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9th Nov
Practice notes
The nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability resulting from an injury,...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
Background and frameworkPurpose of a provisional damages awardWhen the court makes a once and for all lump sum award, it is designed to cover both...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
To identify the circumstances in which a court may find an employer to be vicariously liable for a tort committed by an employee it is useful to trace...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...
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9th Nov
Practice notes
NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25% from the previous level of minus 0.75%. The new...
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9th Nov
Practice notes
The tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only available against public...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
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,...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
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...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
The Limitation Act 1980 is referred to as LA 1980.The power to disapply the primary limitation periodWhen dealing with personal injury claims that...
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9th Nov

Most recent Liability content

Practice notes
In June 2010, a full public inquiry into the Mid Staffordshire Foundation NHS Trust was announced. This was following concerns about standards of care...
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14th Apr
Practice notes
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...
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Produced in partnership with Sarah Fraser Butlin of Cloisters 9th Apr
Practice notes
This Practice Note begins with a reminder of the importance of Montgomery, followed by an examination of the practical considerations when managing...
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Produced in partnership with Renée Wood 9th Apr
Practice notes
For further consent issues such as emergency treatment, withdrawal of consent, capacity, professional guidance, battery and Human Rights Act 1998...
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Produced in partnership with James Byrne of 9 Gough Square 9th Apr
Practice notes
What is the National Institute for Health and Care Excellence and what does it do?National Institute for Health and Care Excellence (NICE) is a...
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9th Apr
Practice notes
Causation and remoteness are the principles that the courts use to determine what should be recoverable in damages as a result of clinical negligence....
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9th Apr
Practice notes
The law relating to wrongful conception, pregnancy and birth can be conveniently broken down into four areas:•wrongful conception following a...
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Produced in partnership with Rachel Galloway of Kings Chambers 9th Apr
Practice notes
Across the spectrum of clinical negligence cases between those involving issues of ‘pure diagnosis’ and ‘pure treatment’, claims arising out of...
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Produced in partnership with Aneurin Moloney 9th Apr
Practice notes
Overview of anaesthesia practiceAnaesthesia forms the largest single hospital medical speciality and the skills of anaesthetists are used in all...
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9th Apr
Practice notes
The medical degreeStudying medicine is a popular career choice and over the years it has become extremely competitive to secure a place at medical...
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Produced in partnership with Andrew Ritchie QC of 9 Gough Chambers 9th Apr
Practice notes
The duty of careA medical practitioner owes a duty of care to their patient. This duty is to take reasonable care to:•take a proper...
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Produced in partnership with Andrew Ritchie QC of 9 Gough Chambers 9th Apr
Practice notes
What is a health care associated infection?The Health Protection Agency (now part of Public Health England) defined health care associated infections...
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Produced in partnership with Joel Donovan QC of Cloisters 9th Apr
Practice notes
Medical treatment of those without capacity to consentGenerally, it is the patient's (P’s) consent which makes invasive medical treatment lawful....
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 8th Apr
Practice notes
Treatment of a patient by a doctor requires prior consent in order to be lawful. This is so whether the treatment is a simple test or an invasive...
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1st Apr
Practice notes
Breach of dutyFor details of the law on breach of duty in clinical negligence claims see Practice Note: Duty of care and breach in clinical negligence...
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25th Mar
Precedents
ToDefendantDear [insert organisation name]Letter of NotificationRe: [Claimant’s Name, Address, DoB and NHS Number]We have been instructed to act on...
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24th Mar
Precedents
ToClaimantDear [insert organisation name]Letter of Response[Claimant’s name] v [Defendant’s Name]We have been instructed to act on behalf of...
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24th Mar
Practice notes
Brexit: The UK's departure from the EU has implications for practitioners considering product liability and cross-border claims. This Practice Note is...
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Produced in partnership with Conor Dufficy of 7 Bedford Row 19th Mar
Practice notes
OverviewIn civil proceedings, surveillance evidence is most commonly used by defendants in personal injury claims. Its aim is to show any difference...
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Produced in partnership with David Willink of Lamb Chambers 18th Mar
Precedents
Dear [insert expert’s name]Re: [insert name of client and the client’s date of birth, address and telephone number]Date of accident: [insert date of...
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Produced in partnership with Marcus Weatherby of Pattinson Brewer 18th Mar

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