Detailed assessment

View PI & Clinical Negligence by content type:

Latest PI & Clinical Negligence News

Featured PI & Clinical Negligence content

Practice notes
Was the damage foreseeable?The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach...
Read More >
19th May
Practice notes
Smith v Manchester awardsThe nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability...
Read More >
19th May
Practice notes
Did the claimant consent to the risk of injury?The essence of a defence of volenti non fit injuria (‘to a willing person, no injury is done’) is that...
Read More >
19th May
Practice notes
What is fundamental dishonesty?This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and...
Read More >
19th May
Practice notes
The employer’s duty of careOverriding dutiesAt common law, an employer is under a duty to take reasonable care of the health and safety of its...
Read More >
19th May
Practice notes
Vicarious liability in the course of employment—the close connection testTo identify the circumstances in which a court may find an employer to be...
Read More >
Produced in partnership with Andrew Wilson 19th May
Practice notes
Product liability—claims in negligenceThe duty of careThe general principles of negligence apply, namely that the claimant has to establish that the...
Read More >
19th May
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...
Read More >
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'...
Read More >
19th May
Practice notes
Fee remissionsIntroductionCourt and tribunal fees are, for many, prohibitively high. For those in the most straitened circumstances, fee remissions,...
Read More >
Produced in partnership with David Willink of Lamb Chambers 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...
Read More >
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...
Read More >
Produced in partnership with Andrew Wilson 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...
Read More >
19th May
Practice notes
Loss of pension—personal injury claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...
Read More >
19th May
Practice notes
Misfeasance in public officeThe tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only...
Read More >
19th May

Most recent Detailed assessment content

Practice notes
Costs—recovery of costs under contractual clausesCourt’s discretionThe general position in relation to the court dealing with the issue of costs is...
Read More >
23rd Jul
Practice notes
Detailed assessment—default costs certificateThe default costs certificate procedure is not available in solicitor/client assessments (CPR PD 46, para...
Read More >
22nd Jun
Practice notes
Detailed assessment—bill of costsAny detailed assessment proceedings should be brought under the provisions within CPR 47 and CPR PD 47 in force as at...
Read More >
22nd Jun
Practice notes
Detailed assessment—commencementUse of electronic filing in the SCCOThe Electronic Working Pilot Scheme set out in CPR PD 51O is mandatory for legally...
Read More >
17th Jun
Practice notes
Costs precedentsThis Practice Note provides a list of costs precedents with links through to the precedents in PDF or Word format. It covers costs...
Read More >
17th Jun
Practice notes
Detailed assessment—costs, settlement and agreement Recovering the costs of a detailed assessmentFollowing detailed assessment, the receiving party is...
Read More >
16th Jun
Q&As
How are the costs of budget drafting (1% of approved budget or £1,000) and budget process (2%) in a budgeted case recovered? Should they be added into...
Read More >
6th Jun
Q&As
At what stage are proceedings deemed to have finished in the context of a split trial? Do they end after the preliminary issue (for example liability)...
Read More >
6th Jun
Q&As
We have received an interim payment of costs from the other party. Can it be used to clear an unpaid invoice or do we have to wait until the final...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun
Q&As
From what point does interest on costs run and at which rate for the purpose of detailed assessment? Does interest run from the date of acceptance of...
Read More >
5th Jun
Q&As
Has there been any recent case law on whether indemnities generally cover the right to recover legal fees in defending a claim?In this Q&A we have...
Read More >
5th Jun
Q&As
What information can I find on the New Bill of Costs?The New Bill of Costs is being introduced as part of the Jackson Costs Reforms. It has been...
Read More >
5th Jun
Q&As
What is the time limit for commencing detailed assessment proceedings? Will the court extend time? Can you apply to strike out detailed assessment...
Read More >
5th Jun
Q&As
Can I claim exchange rate losses as part of my costs?The basic rule is that a successful party is entitled to their costs on the standard basis. This...
Read More >
5th Jun
Q&As
If you make a Part 36 offer to settle detailed assessment proceedings under CPR 47, do you call the offer a Part 36 offer or a Part 47 offer?Part...
Read More >
5th Jun
Q&As
What method of service is required to serve a default costs certificate on a company in the Isle of Man? Would it be necessary to use a process...
Read More >
5th Jun
Q&As
In what circumstances can a solicitor charge for preparing a file note and can the solicitor claim that from the paying party in litigation?For the...
Read More >
5th Jun
Q&As
Is there a requirement to serve an electronic bill of costs if the claim has only provisionally been allocated to the multi-track?This Q&A addresses...
Read More >
Produced in partnership with Alex Bagnall of Total Legal Solutions 5th Jun
Practice notes
Part 36 and detailed assessmentThis Practice Note considers the application of CPR 36 where Part 36 offers are made to settle detailed assessment...
Read More >
Produced in partnership with Alice Nash of Hailsham Chambers 5th Jun

Popular documents