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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 costs reforms following the removal of a

Pain, suffering and loss of amenity

Valuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of the loss of an arm or of the sense

Past loss of earnings

Common issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For guidance on future loss

False imprisonment

LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public

Practice notes

Motor insurance

Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...

26th Oct

Practice notes

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

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...

Produced in partnership with Andrew Wilson 23rd Oct

Practice notes

CRU certificates—recoverable benefits and lump sum payments

Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...

9th Oct

Practice notes

Smith v Manchester awards

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,...

2nd Oct

Practice notes

Personal injury experts

Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...

Produced in partnership with Ian Huckstepp of IRH Solicitors 1st Oct

Practice notes

Psychiatric injury—secondary victims

What is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...

26th Sep

Practice notes

Collateral benefits and double recovery

General principlesAs a general rule, a claimant must give credit for any financial gains they make that they have received as a result of their...

26th Sep

Practice notes

Time limits under the Limitation Act 1980—personal injury claims

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...

26th Sep

Practice notes

Qualified one-way costs shifting (QOCS)—case tracker

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...

26th Sep

Practice notes

Provisional damages

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...

26th Sep

Practice notes

Was the damage foreseeable?

The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach of duty), and•that the...

26th Sep

Practice notes

What is fundamental dishonesty?

This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and Courts Act 2015 (CJCA 2015) and the...

26th Sep

Practice notes

Fraud, exaggeration and LVIs in personal injury claims

DefinitionsFraudDefined in Derry v Peek as where it is shown that:'a false representation has been made (1) knowingly, or (2) without belief in its...

25th Sep

Practice notes

Catastrophic injury claims—heads of claim

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5...

25th Sep

Practice notes

Psychiatric injury—primary victims

Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...

25th Sep

Practice notes

Low Velocity Impact RTAs—in detail

IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...

25th Sep

Most recent Liability content

Practice notes

Clinical negligence claims arising from anaesthesia

Overview of anaesthesia practiceAnaesthesia forms the largest single hospital medical speciality and the skills of anaesthetists are used in all...

25th Sep

Practice notes

Serious medical treatment cases in the Court of Protection

Medical treatment of those without capacity to consentGenerally, it is the patient's (P’s) consent which makes invasive medical treatment lawful....

25th Sep

Practice notes

The duty of candour

In June 2010, a full public inquiry into the Mid Staffordshire Foundation NHS Trust was announced. This was following concerns about standards of care...

25th Sep

Practice notes

Clinical negligence surgical claims

Across the spectrum of clinical negligence cases between those involving issues of ‘pure diagnosis’ and ‘pure treatment’, claims arising out of...

25th Sep

Practice notes

Clinical negligence claims involving spinal injuries

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...

25th Sep

Practice notes

Wrongful conception, pregnancy and birth

The law relating to wrongful conception, pregnancy and birth can be conveniently broken down into four areas:•wrongful conception following a...

25th Sep

Practice notes

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

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...

26th Sep

Practice notes

NICE Guidance

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...

26th Sep

Practice notes

Consent in clinical negligence claims—treatment and causation

For further consent issues such as emergency treatment, withdrawal of consent, capacity, battery and Human Rights Act Claims, see Practice Note:...

26th Sep

Practice notes

Claims for implanted medical devices

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...

26th Sep

Precedents

Letter of notification in clinical negligence matters from 6 April 2015

ToDefendantDear [insert organisation name]Letter of NotificationRe: [Claimant’s Name, Address, DoB and NHS Number]We have been instructed to act on...

26th Sep

Precedents

Letter of claim against GP for failing to refer

Letter of Claim(Insert headings etc.)Our Client: [Insert Name]Address: [Insert]Date of Birth: [Insert]Date of alleged negligent treatment:...

26th Sep

Precedents

Letter of claim for negligently performed surgery

Letter of Claim(Insert headings etc.)Our Client: [Insert Name]Address: [Insert]Date of Birth: [Insert]Date of alleged negligent treatment:...

26th Sep

Practice notes

Delay in medical treatment

IntroductionThe standard of duty for doctors and other medical practitioners is well-known, and establishing whether a breach has or has not taken...

26th Sep

Precedents

Letter of response in clinical negligence matters from 6 April 2015

ToClaimantDear [insert organisation name]Letter of Response[Claimant’s name] v [Defendant’s Name]We have been instructed to act on behalf of...

26th Sep

Practice notes

Consent in clinical negligence claims—capacity and other issues

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...

26th Sep

Practice notes

Duty of care and breach in clinical negligence claims

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...

26th Sep

Practice notes

Learning and qualification for medicine in England and Wales

The medical degreeStudying medicine is a popular career choice and over the years it has become extremely competitive to secure a place at medical...

26th Sep

Practice notes

Causation and material contribution in clinical negligence claims

Causation and remoteness are the principles that the courts use to determine what should be recoverable in damages as a result of clinical negligence....

26th Sep

Practice notes

Health care associated infections

What is a health care associated infection?The Health Protection Agency (now part of Public Health England) defined health care associated infections...

26th Sep