Liability

View PI & Clinical Negligence by content type:

Featured PI & Clinical Negligence content

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...
Read More >
26th Oct
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...
Read More >
Produced in partnership with Andrew Wilson 23rd Oct
Practice notes
Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...
Read More >
9th Oct
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,...
Read More >
2nd Oct
Practice notes
Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...
Read More >
Produced in partnership with Ian Huckstepp of IRH Solicitors 1st Oct
Practice notes
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...
Read More >
26th Sep
Practice notes
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...
Read More >
26th Sep
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...
Read More >
26th Sep
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...
Read More >
26th Sep
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...
Read More >
26th Sep
Practice notes
The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach of duty), and•that the...
Read More >
26th Sep
Practice notes
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...
Read More >
26th Sep
Practice notes
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...
Read More >
25th Sep
Practice notes
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...
Read More >
25th Sep
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...
Read More >
25th Sep
Practice notes
IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...
Read More >
25th Sep

Most recent Liability content

Practice notes
Overview of anaesthesia practiceAnaesthesia forms the largest single hospital medical speciality and the skills of anaesthetists are used in all...
Read More >
25th Sep
Practice notes
Medical treatment of those without capacity to consentGenerally, it is the patient's (P’s) consent which makes invasive medical treatment lawful....
Read More >
25th Sep
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...
Read More >
25th Sep
Practice notes
Across the spectrum of clinical negligence cases between those involving issues of ‘pure diagnosis’ and ‘pure treatment’, claims arising out of...
Read More >
25th Sep
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...
Read More >
25th Sep
Practice notes
The law relating to wrongful conception, pregnancy and birth can be conveniently broken down into four areas:•wrongful conception following a...
Read More >
25th Sep
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...
Read More >
26th Sep
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...
Read More >
26th Sep
Practice notes
For further consent issues such as emergency treatment, withdrawal of consent, capacity, battery and Human Rights Act Claims, see Practice Note:...
Read More >
26th Sep
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...
Read More >
26th Sep
Precedents
ToDefendantDear [insert organisation name]Letter of NotificationRe: [Claimant’s Name, Address, DoB and NHS Number]We have been instructed to act on...
Read More >
26th Sep
Precedents
Letter of Claim(Insert headings etc.)Our Client: [Insert Name]Address: [Insert]Date of Birth: [Insert]Date of alleged negligent treatment:...
Read More >
26th Sep
Precedents
Letter of Claim(Insert headings etc.)Our Client: [Insert Name]Address: [Insert]Date of Birth: [Insert]Date of alleged negligent treatment:...
Read More >
26th Sep
Practice notes
IntroductionThe standard of duty for doctors and other medical practitioners is well-known, and establishing whether a breach has or has not taken...
Read More >
26th Sep
Precedents
ToClaimantDear [insert organisation name]Letter of Response[Claimant’s name] v [Defendant’s Name]We have been instructed to act on behalf of...
Read More >
26th Sep
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...
Read More >
26th Sep
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...
Read More >
26th Sep
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...
Read More >
26th Sep
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....
Read More >
26th Sep
Practice notes
What is a health care associated infection?The Health Protection Agency (now part of Public Health England) defined health care associated infections...
Read More >
26th Sep

Popular documents