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Latest PI & Clinical Negligence News

Senior Courts Costs Office guide updated—January 2021

The following Dispute Resolution news provides comprehensive and up to date legal information on Senior Courts Costs Office guide updated—January 2021

Costs orders where a defendant accepts a Part 36 offer out of time (Pallett v MGN Ltd)

The following Dispute Resolution news provides comprehensive and up to date legal information on Costs orders where a defendant accepts a Part 36 offer out of time (Pallett v MGN Ltd)

What does IP completion day mean for the status of EU law in the UK?

The following Banking & Finance news provides comprehensive and up to date legal information on What does IP completion day mean for the status of EU law in the UK?

EU-UK post-Brexit trade deal approval process gets kick-start from EU governments

The following Arbitration news provides comprehensive and up to date legal information on EU-UK post-Brexit trade deal approval process gets kick-start from EU governments

Featured PI & Clinical Negligence content

False imprisonment

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

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...

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...

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,...

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...

9th Nov

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...

Produced in partnership with Andrew Wilson 12th Jan

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...

9th Nov

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...

9th Nov

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...

9th Nov

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...

Produced in partnership with Andrew Wilson 12th Jan

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 12th Jan

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...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Claims under the Consumer Protection Act 1987

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...

9th Nov

Practice notes

Interest on general damages, special damages and judgment debt

Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...

9th Nov

Practice notes

Misfeasance in public office

The tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only available against public...

9th Nov

Practice notes

Loss of congenial employment

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...

9th Nov

Practice notes

Part 36 offers in PI and clinical negligence claims

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,...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Applying for an interim payment order in personal injury claims

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...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Drafting counter schedules of loss in PI and clinical negligence claims

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...

Produced in partnership with Louise Thomson 12th Jan

Practice notes

The court’s power to extend the time limit—section 33 of the Limitation Act 1980

The Limitation Act 1980 is referred to as LA 1980.The power to disapply the primary limitation periodWhen dealing with personal injury claims that...

9th Nov

Most recent Costs and funding content

Practice notes

Costs orders—debarring orders where there has been a failure to pay

Rationale for enforcing an interim costs orderIt is important that the courts have mechanisms at their disposal so that they are in a position to...

25th Jan

Q&As

Where an assured shorthold tenancy provides that a tenant pay the landlord’s costs incurred in connection with the recovery of rent arrears, what methods can a landlord use to recover costs incurred in serving a section 8 notice following arrears of rent (which were subsequently settled prior to proceedings being issued)?

It must first be ascertained that the costs recovery clause is sufficiently wide to encompass costs incurred in preparing and serving a section 8...

22nd Jan

Practice notes

Damages-based agreements (DBAs)

What is a DBA?A damages based agreement (DBA), sometimes referred to using the umbrella term 'contingency fee agreement', is a means of funding...

21st Jan

Practice notes

Costs for judicial review—general principles

General rule on costs in judicial reviewThe general rule in relation to costs in judicial review, as in other proceedings, is that costs follow the...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 20th Jan

Practice notes

Recovery of costs, solicitor’s rights, and non-statutory assessments

ReferencesThe Solicitors Act 1974 is referred to as the SA 1974 in this Practice Note.Can a solicitor recover fees?Whether a solicitor can recover...

Produced in partnership with 4 New Square 20th Jan

Q&As

In a small claims track case, if the claimant applies to amend its particulars of claim does the claimant have to pay the defendant's costs? Would it make any difference if it is before or after allocation?

Amendments to statements of caseOnce served, a statement may only be amended with the written consent of the other parties or with the court’s...

18th Jan

Q&As

A defendant has variously instructed new solicitors and is now progressing as a litigant in person with a direct access barrister. After each change, the defence has been changed with no formal applications being made to the court. What redress do I have in seeking costs occasioned by the amendments and as a penalty for effectively wasting the past two years?

Amending a statement of caseCPR 17.1 states that:‘(1) A party may amend his statement of case at any time before it has been served on any other...

18th Jan

Practice notes

Costs of discontinuing a claim—the general rule

What is discontinuance?Discontinuance is the means by which a claimant can bring all or part of the proceedings it has instigated to an end by serving...

18th Jan

Practice notes

Costs sanctions for refusal to mediate

This Practice Note addresses the court’s power to encourage resolution through the ADR mechanism of mediation. The leading case is Halsey v Milton...

18th Jan

Practice notes

Costs orders in multi-party proceedings

What is a multi-party costs order?A multi-party costs order means simply an order in a claim where there are more parties than just one claimant and...

Produced in partnership with Alice Nash of Hailsham Chambers 18th Jan

Practice notes

Conditional fee agreements—assignment of a CFA

There are a variety of reasons why assignment of a conditional fee agreement (CFA) may be required. Where an assignment has taken place, paying...

18th Jan

Practice notes

Detailed assessment—what is it, who does it and where?

What is detailed assessment?Detailed assessment is the procedure by which the amount of costs payable by one party, the paying party who is generally...

18th Jan

Practice notes

Issues-based costs orders—illustrative decisions

This Tracker provides examples of costs judgments where either the court has made an issues-based costs order or has refused to make an issues-based...

18th Jan

Practice notes

Jackson reforms on funding—one year on [Archived]

ARCHIVED: This Practice Note is archived and is for historical purposes only.1 April 2013 saw reforms to many aspects of litigation funding but what...

18th Jan

Practice notes

Detailed assessment—the hearing

Coronavirus (COVID–19): A detailed assessment hearing will be impacted and consideration needs to be given as to how to undertake such hearings...

18th Jan

Practice notes

Costs consequences of refusing to mediate—key and illustrative decisions

It is clear that an unreasonable refusal to mediate or engage in some other form of alternative dispute resolution (ADR) process may well render a...

18th Jan

Practice notes

Civil litigation funding—consultation and reform proposals [Archived]

ARCHIVED: This Practice Note has been archived as it predates 1 April 2013 and is for reference purposes only in understanding the consultation that...

18th Jan

Practice notes

Non-party costs orders—solicitors

This Practice Note considers non-party costs orders (NPCO) against solicitors. Such orders may be made where a solicitor acts as a funder where there...

18th Jan

Practice notes

Human rights and costs recovery in publication and privacy proceedings [Archived]

This Practice Note has been archived as is not maintained. Recovery of CFA success fees and ATE insurance premiums in publication and privacy...

18th Jan

Practice notes

Detailed assessment: starting the process (prior to April 2013) [Archived]

ARCHIVED: This Practice Note is based on provisions revoked on 1 April 2013. It is therefore for historical purposes only.Detailed assessment is the...

18th Jan