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 Technology and Construction Court held that purported service of a claim form by email on the defendants’ solicitors...
The Courts and Tribunals Judiciary has announced that the Lady Chief Justice and Lord Chancellor will co-chair a new Judicial and Legal Diversity...
Law360, London: An appeals court told Nokia on 18 May 2026 that it cannot compel Acer and Asus to arbitrate over cross-licenses for their own patents...
Private Client analysis: The case involved an application by the family of an incapacitated patient regarding the lawfulness of his clinicians’...
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
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
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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