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.
Dispute Resolution analysis: The High Court held that the costs of an abortive early neutral evaluation (ENE) should remain costs in the case,...
His Majesty, King Charles III, has approved the appointment of Lord Briggs of Westbourne as the next President of the UK Supreme Court. The...
PI & Clinical Negligence analysis: The High Court held that an experienced agricultural engineer was contributorily negligent after entering a danger...
Dispute Resolution analysis: The High Court held that section 33(2) of the Senior Courts Act 1981 (SCA 1981) does not permit pre-action disclosure...
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
Vicarious liability in the course of employment—the close connection testThis Practice Notes considers the circumstances in which the court will hold an employer vicariously liable for a tort which has been committed by an employee. The courts’ approach to the ‘close connection’ test has evolved
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