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.
HM Courts & Tribunals Service (HMCTS) has updated its MyHMCTS guidance for legal professionals on issuing damages claims online. The revised guidance...
This week’s edition of PI & Clinical Negligence weekly highlights includes an analysis of the consequences of Brexit for personal injury claims,...
PI & Clinical Negligence analysis: The UK exited the EU on 31 January 2020. In this article Sarah Prager KC examines the consequences of Brexit for...
Financial Services analysis: The Court of Appeal confirmed that large numbers of motor finance claims may proceed on omnibus claim forms where this is...
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
Smith v Manchester awardsThe nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability resulting from an injury, they are entitled to claim a head of damage commonly referred to as a Smith v Manchester award, named after the case that
Pain, suffering and loss of amenity (PSLA)Basis for valuing the lossHow should an injury be measured in a sum of money? After all, no formula can calculate the value of the loss of an arm or the sense of smell.Damages for pain, suffering and loss of amenity (PSLA) are awarded for physical and/or
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