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Latest PI & Clinical Negligence News

Claimant recovers damages from MIB 24 years after accident—settlement approved, but amount to remain confidential (Johnson v Secretary of State for Transport and MIB)

CPR Committee annual open meeting—14 May 2021

The following Construction news provides comprehensive and up to date legal information on CPR Committee annual open meeting—14 May 2021

PI & Clinical Negligence weekly highlights—13 May 2021

The following PI & Clinical Negligence news provides comprehensive and up to date legal information on PI & Clinical Negligence weekly highlights—13 May 2021

Inexcusable delay giving judgment, dishonest assistance and dual vicarious liability (Natwest Markets plc v Bilta UK Ltd (In liquidation))

The following Dispute Resolution news provides comprehensive and up to date legal information on Inexcusable delay giving judgment, dishonest assistance and dual vicarious liability (Natwest Markets plc v Bilta UK Ltd (In liquidation))

Featured PI & Clinical Negligence content

Claims for lost years

The claim and basis for itThis type of claim is made on behalf of a living claimant whose life expectancy has been reduced as a result of the...

The court’s power to extend the time limit—section 33 of the Limitation Act 1980

The Limitation Act 1980 is referred to as LA 1980.The power to disapply the primary limitation periodWhen dealing with personal injury claims that...

Fixed costs in road traffic accident claims

Pre-action protocol for low value personal injury claims in road traffic accidentsThe protocol applies to all road traffic accident (RTA)...

Misfeasance in public office

The tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only available against public...

Practice notes

Interest on general damages, special damages and judgment debt

Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...

9th Nov

Precedents

Claim against a defendant driver’s insurers holding them liable under section 151 of the Road Traffic Act 1988

Brexit: The UK’s departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...

9th Nov

Practice notes

Fraud, exaggeration and LVIs in personal injury claims

DefinitionsFraudDefined in Derry v Peek as where it is shown that:'a false representation has been made (1) knowingly, or (2) without belief in its...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Personal injury experts

Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...

Produced in partnership with Ian Huckstepp of IRH Solicitors 12th Jan

Practice notes

Qualified one-way costs shifting (QOCS)—case tracker

This case tracker considers case law in relation to qualified one-way costs shifting (QOCS) in order to provide some guidance on how the courts are...

9th Nov

Practice notes

Catastrophic injury claims—heads of claim

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Was the damage foreseeable?

The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach of duty), and•that the...

9th Nov

Practice notes

Collateral benefits and double recovery

General principlesAs a general rule, a claimant must give credit for any financial gains they make that they have received as a result of their...

9th Nov

Practice notes

Time limits under the Limitation Act 1980—personal injury claims

The Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits within which claimants are entitled to bring claims of various...

9th Nov

Practice notes

Smith v Manchester awards

The nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability resulting from an injury,...

9th Nov

Practice notes

Psychiatric injury—primary victims

Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...

9th Nov

Practice notes

CRU certificates—recoverable benefits and lump sum payments

Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...

9th Nov

Practice notes

Psychiatric injury—secondary victims

What is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Past loss of earnings

Common issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For guidance on future loss...

9th Nov

Practice notes

Pain, suffering and loss of amenity

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 of the sense...

9th Nov

In-house

Practice notes

Qualified one-way costs shifting (QOCS)

What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a...

9th Nov

Most recent Enforcement content

Practice notes

I have obtained High Court judgment for £100,000—what are my options?

I have obtained High Court judgment for £100,000—what are my options?This Practice Note, produced in partnership with Phil Roberts of Clarke Willmott...

Produced in partnership with Phil Roberts of Clarke Willmott 15th May

Practice notes

I have obtained County Court judgment for £4,000—what are my options?

I have obtained County Court judgment for £4,000—what are my options?This Practice Note, produced in conjunction with Phil Roberts of Clarke Willmott...

Produced in partnership with Phil Roberts of Clarke Willmott 15th May

Practice notes

What fees are payable when enforcing a judgment or order?

What fees are payable when enforcing a judgment or order?This Practice Note sets out the fees payable on undertaking different steps to enforce a High...

15th May

Practice notes

Writs of sequestration to enforce a judgment or order

Writs of sequestration to enforce a judgment or orderIntroductionThis Practice Note considers the rules relating to writs of sequestration to enforce...

15th May

Practice notes

Successful enforcement—knowing your defendant

Successful enforcement—knowing your defendantThis Practice Note highlights the need to correctly identify and know your defendant prior to issuing...

15th May

Practice notes

Writs and warrants to enforce judgment—general provisions

Writs and warrants to enforce judgment—general provisionsThis Practice Note considers CPR 83 and CPR PD 83 which govern procedure in relation to the...

15th May

Practice notes

Enforcing a judgment or order for possession of land

Enforcing a judgment or order for possession of landCPR 83 provisions regarding writs and warrantsCPR 83 and CPR PD 83 contain rules governing the...

15th May

Practice notes

Enforcing a judgment or order for delivery up

Enforcing a judgment or order for delivery upThis Practice Note provides guidance on the interpretation and application of the relevant provisions of...

15th May

Practice notes

Which enforcement of judgment method should I choose?

Which enforcement of judgment method should I choose?This Practice Note provides guidance on the interpretation and application of the relevant...

15th May

Practice notes

Tribunals, Courts and Enforcement Act 2007—domestic enforcement (Part 3)

Tribunals, Courts and Enforcement Act 2007—domestic enforcement (Part 3)This Practice Note provides an overview of the key changes in domestic...

15th May

Practice notes

Stakeholder applications under CPR 86

Stakeholder applications under CPR 86This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR....

15th May

Practice notes

Enforcement case study—pre and post action protection and recovery

Enforcement case study—pre and post action protection and recoveryThis Practice Note, produced in conjunction with Phil Roberts of Clarke Wilmott,...

Produced in partnership with Phil Roberts of Clarke Willmott 15th May

Practice notes

Disobedience to a mandatory order, injunction or specific performance order

Disobedience to a mandatory order, injunction or specific performance orderNot all judgments and orders are for payment of money by one party to...

15th May

Practice notes

County Court judgments and orders—additional matters

County Court judgments and orders—additional mattersThis Practice Note provides guidance on the interpretation and application of the relevant...

15th May

Practice notes

Fixed costs—enforcement costs

Fixed costs—enforcement costsFor further information on the different methods of enforcement available, see Practice Note: Which enforcement of...

15th May

Q&As

Can you obtain a freezing injunction after judgment and is the process different to a pre-judgment application for one?

Can you obtain a freezing injunction after judgment and is the process different to a pre-judgment application for one?The requirements for a freezing...

12th May

Q&As

Where an individual judgment creditor (A), prior to taking action to enforce its judgment against the judgment debtor B (a limited company) discovers that the sole director and shareholder of B has resigned and subsequently set up a new limited company (C) trading out of B’s offices and carrying on the same business as B, can A seek to enforce against C the judgment it has obtained against B? It is assumed that the actions in setting up C have been carried out as a means of B avoiding an effective enforcement against B.

In answering this Q&A, we have taken into consideration the ‘phoenix’ situation. The term ‘phoenix’ refers to a company that has been incorporated, in...

Produced in partnership with Leigh Callaway of Fladgate 7th Apr

Q&As

If an opponent party takes out equity release against their house during proceedings, how would this impact on the other party's ability to enforce any potential judgment against them where they have no other known assets?

Generally, once a judgment has been obtained, the judgment creditor can take enforcement action in relation to the judgment debt, ie the debt due and...

26th Mar

Q&As

Where a County Court judgment has been obtained and it subsequently becomes known that the defendant moved addresses before this was obtained, can the judgment be served at the new address?

Any document to be served must be sent or transmitted to or left at the party's address for service under CPR 6.23(2) or CPR 6.23(3) unless it is to...

24th Feb

Q&As

Is a creditor obligated to deal with a request under section 77 of the Consumer Credit Act 1974 when the Credit Agreement has already been terminated and there has been a County Court judgment obtained? Does the obligation only relate to 'live' agreements?

Section 77 of the Consumer Credit Act 1974 (CCA 1974) is silent on this specific point.However, CCA 1974, s 77(3) does stipulate that the requirement...

15th Feb

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Enforcement

View PI & Clinical Negligence by content type:

Latest PI & Clinical Negligence News

Claimant recovers damages from MIB 24 years after accident—settlement approved, but amount to remain confidential (Johnson v Secretary of State for Transport and MIB)

CPR Committee annual open meeting—14 May 2021

PI & Clinical Negligence weekly highlights—13 May 2021

Inexcusable delay giving judgment, dishonest assistance and dual vicarious liability (Natwest Markets plc v Bilta UK Ltd (In liquidation))

Featured PI & Clinical Negligence content

Claims for lost years

The court’s power to extend the time limit—section 33 of the Limitation Act 1980

Fixed costs in road traffic accident claims

Misfeasance in public office

Most recent Enforcement content

Popular documents

Facilitation payments under the Bribery Act 2010

Voluntary manslaughter

Ad hoc arbitration—an introduction to the key features of ad hoc arbitration

Issue of redeemable shares

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