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.
Dispute Resolution analysis: The Court of Appeal confirmed that Sucden’s deceit and conspiracy claims against Mr Gupta could be served outside the...
Corporate Crime analysis: In R v F.G.D, the Court of Appeal reversed a stay for abuse of process imposed after a complainant used AI to prepare for...
This week’s edition of PI & Clinical Negligence weekly highlights includes a High Court decision which found that an employer was not liable for the...
Dispute Resolution analysis: A critical review of the Court of Appeal's landmark judgment in Salinas Pliego & Another v Astor Asset Management 3 Ltd,...
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
Damages in fatal accident claimsElements of a fatal accident claimThere are two different elements to a fatal accident claim:•the Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A 1934) allows an action to be brought on behalf of the deceased’s estate for:◦pain and suffering for the period
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
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