Navigate through the complexities of assigning responsibility in personal injury and clinical negligence claims. This topic provides essential insights into determining legal liability, encompassing key principles, case law precedents, and expert strategies. Gain the knowledge needed to accurately identify liable parties and substantiate your client's case with robust evidence and legal acumen.
The Court of Appeal allowed a second appeal and reinstated the costs judge’s case management decision refusing to strike out non-compliant points of...
Construction analysis: This decision is the first reported judgment on section 149 of the Building Safety Act 2022 (BSA 2022) and provides important...
This week’s edition of PI & Clinical Negligence weekly highlights includes important Court of Appeal guidance on vicarious liability and independent...
The Civil Justice Council (CJC) working group has published an update on its consultation on the use of artificial intelligence (AI) for the...
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...
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
Where a claimant has obtained default judgment pursuant to CPR 12.4(1) will the court order a disposal hearing or allocate the case to a track and give standard fast track directions?Setting aside default judgmentWhere a claimant has obtained default judgment, a defendant may still wish to defend
If a claimant has issued proceedings against two defendants and subsequently the first defendant makes a Part 36 offer to settle the matter despite liability being outstanding between the two defendants, can the first defendant then pursue the second defendant for a recovery? Will separate
Burden of proof in personal injury claimsBalance of probabilitiesThe claimant must prove that, on the balance of probabilities, the defendant has been negligent or has breached their statutory duties. Proof on the balance of probabilities means proof that it is more likely than not. If the
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