Liability

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Featured PI & Clinical Negligence content

Practice notes
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...
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19th May
Practice notes
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'...
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19th May
Practice notes
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
Fee remissionsIntroductionCourt and tribunal fees are, for many, prohibitively high. For those in the most straitened circumstances, fee remissions,...
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Produced in partnership with David Willink of Lamb Chambers 19th May
Practice notes
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
Practice notes
Drafting schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the...
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Produced in partnership with Louise Thomson 19th May
Q&As
Section 152(1) of the Road Traffic Act 1988 (RTA 1988) states that no sum is payable by an insurer under RTA 1988, s 151 in respect of any judgment...
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Produced in partnership with David Sawtell of 39 Essex Chambers 19th May
Practice notes
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
Practice notes
Quantifying damages for the estate under the Law Reform ActWhat can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act...
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19th May
Practice notes
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
Psychiatric injury—secondary victimsWhat is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the...
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Produced in partnership with Andrew Wilson 19th May
Precedents
[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
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...
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19th May
Practice notes
Drafting counter schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount...
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Produced in partnership with Louise Thomson 19th May

Most recent Liability content

Precedents
Particulars of claim for delayed medical treatment[IN THE COUNTY COURT AT [insert]ORIN THE HIGH COURT]Claim No:Parties:A B        ClaimantandC D NHS...
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Produced in partnership with David Green of 12 King's Bench Walk 15th Aug
Precedents
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 15th Aug
Precedents
Claim against a care home for psychological injury and breach of human rightsIN THE [COUNTY COURT AT [Insert] OR HIGH COURT]Claim No. [Insert claim...
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Produced in partnership with Catriona Stirling of Cloisters 15th Aug
Precedents
Claim for personal injuries arising from a fall in a care homeIN THE [COUNTY COURT AT [Insert] OR HIGH COURT]Claim No. [Insert claim...
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Produced in partnership with Catriona Stirling of Cloisters 15th Aug
Precedents
Clinical negligence claim alleging failure to provide adequate consent post Montgomery[In the high court [specify any division] OR in the county court...
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Produced in partnership with James Byrne of 9 Gough Square 15th Aug
Precedents
Particulars of claim against a pharmacistIN THE COUNTY COURT AT [insert location]Claim No. [insert number][insert name]        Claimantand[insert...
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15th Aug
Precedents
Claim against a care home for pressure sore injuryIN THE [COUNTY COURT AT [Insert] OR HIGH COURT]Claim No. [Insert claim number]Parties:[Mrs Jane...
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Produced in partnership with Catriona Stirling of Cloisters 15th Aug
Precedents
Particulars of claim for defective hip replacementClaim No: [Insert]In the High Court of JusticeQueen’s Bench DivisionBetween[insert...
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Produced in partnership with Conor Dufficy of 7 Bedford Row 15th Aug
Precedents
Claim against a hospital for contracting MRSA (or other hospital related infection)[In the High Court of JusticeORIn the County Court at...
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Produced in partnership with Thea Wilson of 12 King's Bench Walk 15th Aug
Precedents
Defence for a claim for delayed medical treatment[IN THE COUNTY COURT AT [insert]ORIN THE HIGH COURT]Claim No:Parties:A B        ClaimantandC D NHS...
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Produced in partnership with David Green of 12 King's Bench Walk 15th Aug
Practice notes
Delay in medical treatmentIntroductionThe standard of duty for doctors and other medical practitioners is well-known, and establishing whether a...
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Produced in partnership with David Green of 12 King's Bench Walk 31st Jul
Q&As
Can you direct me to case law Precedents on psychological injury caused by a delay in diagnosis?Delay in diagnosisDelayed diagnosis cases more...
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31st Jul
Q&As
In a clinical negligence claim, can an insurer seek to argue that given the death of the defendant (a GP who was insured at the time) that damages are...
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Produced in partnership with David Green of 12 King's Bench Walk 31st Jul
Q&As
For a case involving a GP from 1 April 2019, which is covered by the indemnity scheme called the Clinical Negligence Scheme for General Practice, is...
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31st Jul
Q&As
Is there any case law with judicial guidance on the standard of care to be expected of a Nurse Practitioner for the purposes of a clinical negligence...
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Produced in partnership with Jamie Gamble of No5 Barristers Chambers 31st Jul

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