Gain a thorough understanding of calculating fair compensation with expert insights tailored for PI and Clinical Negligence practitioners. Our resources offer practical guidance to help you secure appropriate monetary awards for your clients, covering a wide range of damages from general to special. Equip yourself with the knowledge to argue effectively for loss of earnings, future care costs, and more, ensuring just outcomes in every case.
This week’s edition of PI & Clinical Negligence weekly highlights includes the High Court’s decision in Abbott v Ministry of Defence addressing the...
Dispute Resolution analysis: The Court of Appeal has upheld a ruling that a payment made by a company director to a High Court Enforcement Agent...
Dispute Resolution analysis: The Admiralty Court held that solicitors who wrongly represented that they were instructed by insurers were in breach of...
Law360, London: Nokia told the Court of Appeal on 22 April 2026 that the English courts have no jurisdiction to set terms to licence its portfolio of...
False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made...
The employer’s duty of careThis Practice Note considers the scope of an employer’s common law duty to ensure the safety of their employees with...
Duty of care and breach in clinical negligence claimsThe duty of careA medical practitioner owes a duty of care to their patient. This duty is to take...
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 earningsCommon issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For guidance on future loss of earnings, see Practice Note: Future loss of earnings—personal injury claims.While many are straightforward, typical
Collateral benefits and double recoveryGeneral principlesA claimant is entitled to be compensated for their net losses.As a general rule, a claimant must give credit against their loss for any financial gains that they would not have received but for their injuries.The general rule is that benefits
Drafting schedules of loss in PI and clinical negligence claimsNOTE: On 2 December 2024, the Lord Chancellor announced that the discount rate would change to positive 0.5%. The positive 0.5% discount rate is effective from 11 January 2025. Schedule A1 to the Damages Act 1996 provides that subsequent
Loss of congenial employmentNature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial employment. This award relates specifically to the loss of enjoyment of their former employment and is quite separate from any direct financial loss. Some
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