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.
National Health Service (NHS) Resolution has published an updated thematic review of suicide-related clinical negligence claims against mental health...
HM Courts & Tribunals Service (HMCTS) has published a position statement on the judicial use of Artificial Intelligence (AI), setting out expectations...
The Law Commission has launched a consultation proposing reforms to the product liability regime under Part 1 of the Consumer Protection Act 1987 in...
This week's edition of PI & Clinical Negligence weekly highlights includes a Law Society foresight study examining the opportunities and risks posed...
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...
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
Judicial College Guidelines (JCG or JC Guidelines)In assessing a claim for general damages, the practitioner should start by considering the Judicial College Guidelines (JCG). The JCG classify injuries according to the part of the body and
Other heads of general damagesGeneral damagesGeneral damages comprise those heads of loss (past and future) that are non-pecuniary and are not capable of precise calculation and, instead, an assessment of an appropriate sum is made.In practice, the term general damages is often used to refer only to
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