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.
This week's edition of PI & Clinical Negligence weekly highlights includes the 18th edition of the Judicial College Guidelines, now available in Key...
Law360, London: A London judge ordered Serious Fraud Office (SFO) investigator Antony Puddick on 8 April 2026 to disclose details of his solicitors'...
The 18th edition of the Judicial College Guidelines (JCG) has been published, following the 17th edition in 2024. The JCG remains the starting point...
PI & Clinical Negligence analysis: Where a claimant suffering from psychiatric injury consciously exaggerates their symptoms in order to convince...
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...
Vicarious liability in road traffic accidentsIn the past, a defendant would only have been vicariously liable for the negligence of a driver if the driver was acting in the course of their employment for the defendant. The law has developed significantly since then. If the driver was not an employee
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
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
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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