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Latest PI & Clinical Negligence News

Released unlawful means conspiracy claims struck out because of the terms of parties’ settlement agreement (Maranello Rosso Ltd v Lohomij BV and others)

The following Commercial news provides comprehensive and up to date legal information on Released unlawful means conspiracy claims struck out because of the terms of parties’ settlement agreement (Maranello Rosso Ltd v Lohomij BV and others)

PI & Clinical Negligence weekly highlights—16 September 2021

The following PI & Clinical Negligence news provides comprehensive and up to date legal information on PI & Clinical Negligence weekly highlights—16 September 2021

Coronavirus (COVID-19) PPE, CE conformity and the Sale of Goods Act 1979 (Local Boy’z Ltd v Malu NV)

The following Commercial news provides comprehensive and up to date legal information on Coronavirus (COVID-19) PPE, CE conformity and the Sale of Goods Act 1979 (Local Boy’z Ltd v Malu NV)

Who examines the examiners? (AB, Petitioner)

The following Corporate Crime news provides comprehensive and up to date legal information on Who examines the examiners? (AB, Petitioner)

Featured PI & Clinical Negligence content

False imprisonment

False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made...

Pain, suffering and loss of amenity

Pain, suffering and loss of amenityValuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of...

Past loss of earnings

Past loss of earningsCommon issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For...

Interest on general damages, special damages and judgment debt

Interest on general damages, special damages and judgment debtInterest on general damagesEntitlementA claimant is entitled to simple interest at a...

Practice notes

Bringing a claim against a public authority in negligence—basis of duty

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...

19th May

Practice notes

Untraced drivers and the role of the MIB—for accidents occurring on or after 1 March 2017

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'...

19th May

Practice notes

Liability under the Animals Act 1971—all other animals

Liability under the Animals Act 1971—all other animalsAll animals except those that belong to a dangerous species (all non-dangerous animals) are...

19th May

Practice notes

Fee remissions

Fee remissionsIntroductionCourt and tribunal fees are, for many, prohibitively high. For those in the most straitened circumstances, fee remissions,...

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 1980

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...

19th May

Practice notes

Drafting schedules of loss in PI and clinical negligence claims

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...

Produced in partnership with Louise Thomson 19th May

Q&As

In a road traffic accident claim where the claim is proceeding in the portal, does the section 152 notice need to be sent to the defendant’s insurers if you are issuing proceedings due to limitation approaching?

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...

Produced in partnership with David Sawtell of 39 Essex Chambers 19th May

Q&As

Is there any guidance on what costs are payable in a claim which was initially submitted via the low value Ministry of Justice portal but it transpires that the value is in excess of the upper limit of £25,000? Can you exit the claim from the portal on grounds that it exceeds the upper value?

Is there any guidance on what costs are payable in a claim which was initially submitted via the low value Ministry of Justice portal but it...

19th May

Q&As

We act for the defendant in a claim. The defendant defended the claim and brought a counterclaim against the claimant. The case proceeded to trial and judgment was given by the court in favour of the defendant for damages and a costs order was made in his favour pursuant to CPR 45.29G. The court order, however, also includes a provision that the sum ordered for costs is not to be enforced without permission of the court. Does the claimant's QOCS protection extend to cover the costs order made in the defendant's favour in respect of the costs of successfully bringing his counterclaim?

We act for the defendant in a claim. The defendant defended the claim and brought a counterclaim against the claimant. The case proceeded to trial and...

Produced in partnership with David Green of 12 King's Bench Walk 19th May

Practice notes

Uninsured drivers and the role of the MIB—for accidents occurring on or after 1 August 2015

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...

19th May

Practice notes

Quantifying damages for the estate under the Law Reform Act

Quantifying damages for the estate under the Law Reform ActWhat can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act...

19th May

Practice notes

Damages in clinical negligence claims

Damages in clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...

Produced in partnership with Renée Wood 19th May

Practice notes

Psychiatric injury—secondary victims

Psychiatric injury—secondary victimsWhat is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the...

Produced in partnership with Andrew Wilson 19th May

Precedents

Schedule of special damages—serious injury multi track

[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT LOCATION] DISTRICT REGISTRY]Claim No:Between[Insert...

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 the claim was valued at over £1,000.

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...

19th May

Practice notes

Drafting counter schedules of loss in PI and clinical negligence claims

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...

Produced in partnership with Louise Thomson 19th May

Most recent Damages content

Practice notes

Loss of chance damages

Loss of chance damagesThis Practice Note considers in detail when damages for loss of a chance (loss of an opportunity damages) may be recoverable,...

Produced in partnership with Anneliese Day QC and Christopher Knowles of Fountain Court Chambers 13th Sep

Precedents

Claimant witness statement on quantum

Claimant witness statement on quantumFiled on behalf of the claimantWitness Statement of [insert initial and surname of witness]Number of witness...

13th Sep

Practice notes

Interest on general damages, special damages and judgment debt

Interest on general damages, special damages and judgment debtInterest on general damagesEntitlementA claimant is entitled to simple interest at a...

13th Sep

Practice notes

Nursing charge rates

Nursing charge ratesThe information in this Practice Note is obtained from Butterworths Personal Injury Litigation Service (BPILS), which states in...

10th Sep

Q&As

Instructing joint experts and how to proceed where an expert changes their mind.

Instructing joint experts and how to proceed where an expert changes their mind.Single joint experts and joint statements prepared by expertsThe rules...

9th Sep

Practice notes

Recovery of social security benefits

Recovery of social security benefitsThe recovery systemA claimant will often receive state benefits as a result of an accident, injury or disease. The...

9th Sep

Precedents

Schedule of special damages—serious injury multi track

Schedule of special damages—serious injury multi track[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT...

8th Sep

Practice notes

Organising medical records

Organising medical recordsAdvantages of collating medical recordsOrganising medical records prior to instructing a medical expert has several...

2nd Sep

Precedents

Medical records subject access request form

Medical records subject access request formNOTE: The United Kingdom General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) is...

25th Aug

Practice notes

Surveillance evidence in personal injury claims

Surveillance evidence in personal injury claimsOverviewIn civil proceedings, surveillance evidence is most commonly used by defendants in personal...

Produced in partnership with David Willink of Lamb Chambers 23rd Aug

Practice notes

Recovery of NHS charges

Recovery of NHS chargesWhen a claimant is successful in claiming compensation as a result of an accident, the NHS is entitled to recover an amount to...

19th Aug

Practice notes

Recovery of lump sum payments in disease cases

Recovery of lump sum payments in disease casesFor guidance on how to apply for a Compensation Recovery Unit (CRU) certificate and on challenging a...

19th Aug

Practice notes

The Court of Protection versus personal injury trusts

The Court of Protection versus personal injury trustsIntroductionIt is a sad fact that in many personal injury cases, particularly those involving the...

Produced in partnership with Phillipa Bruce-Kerr of Harrison Clark Rickerbys 16th Aug

Practice notes

Tax and the personal injury trust

Tax and the personal injury trustInheritance tax and personal injury trustsIt is a common misconception among practitioners that using one type of...

Produced in partnership with Phillipa Bruce-Kerr of Harrison Clark Rickerbys 16th Aug

Practice notes

Personal injury trusts

Personal injury trustsTypes of personal injury trustHow to choose between the different types of trustPersonal injury trusts are often considered in...

Produced in partnership with Phillipa Bruce-Kerr of Harrison Clark Rickerbys 16th Aug

Precedents

Personal injury bare trust—child

Personal injury bare trust—childThis TRUST is made on [date]Parties1[name] of [address] acting by [name] of [address] (the Litigation Friend)...

15th Aug

Precedents

Personal injury bare trust—mentally incapable adult

Personal injury bare trust—mentally incapable adultThis TRUST is made on [date]Parties1[name] of [address] acting by [name] of [address] (the...

15th Aug

Precedents

Personal injury bare trust—mentally capable adult

Personal injury bare trust—mentally capable adultThis TRUST is made on [date]Parties1[name] of [address] (the Settlor) and2[name] of [address] and...

15th Aug

Practice notes

Drafting counter schedules of loss in PI and clinical negligence claims

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...

Produced in partnership with Louise Thomson 15th Aug

Practice notes

Claims for loss of entitlement to state pension in personal injury claims

Claims for loss of entitlement to state pension in personal injury claimsIf a claimant has lost entitlement to state pension as a result of an...

Produced in partnership with Andrew Wilson 15th Aug

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Damages

View PI & Clinical Negligence by content type:

Latest PI & Clinical Negligence News

Released unlawful means conspiracy claims struck out because of the terms of parties’ settlement agreement (Maranello Rosso Ltd v Lohomij BV and others)

PI & Clinical Negligence weekly highlights—16 September 2021

Coronavirus (COVID-19) PPE, CE conformity and the Sale of Goods Act 1979 (Local Boy’z Ltd v Malu NV)

Who examines the examiners? (AB, Petitioner)

Featured PI & Clinical Negligence content

False imprisonment

Pain, suffering and loss of amenity

Past loss of earnings

Interest on general damages, special damages and judgment debt

Most recent Damages content

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