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.
HM Courts & Tribunals Service (HMCTS) has published a blog introducing the Digital Audio-Visual Evolution (DAVE) programme, a phased upgrade of court...
National Health Service (NHS) Resolution has published an updated thematic review of suicide-related clinical negligence claims against mental health...
HM Courts & Tribunals Service (HMCTS) has published a position statement on the judicial use of Artificial Intelligence (AI), setting out expectations...
The Law Commission has launched a consultation proposing reforms to the product liability regime under Part 1 of the Consumer Protection Act 1987 in...
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
Did the claimant consent to the risk of injury?The essence of a defence of volenti non fit injuria (‘to a willing person, no injury is done’) is that the claimant understands the danger of the situation and willingly consents to the risk of injury. In such circumstances, should injury occur, the
Material contribution in personal injury claimsThis Practice Note deals with how the principle of material contribution operates where there are multiple defendants or causes of an injury, the different approach taken by the courts to causation in disease cases and whether the material contribution
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