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 a Court of Appeal decision on whether questions about ATE insurance...
Dispute Analysis: The Court of Appeal dismissed the claimants’ appeal against the setting aside of a worldwide freezing order obtained on a Chabra...
Dispute resolution analysis: The High Court upheld a Part 11 challenge to service out without permission. The claimant had not shown a good arguable...
Dispute Resolution analysis: The High Court dismissed Nexans SA’s challenge to English jurisdiction over Intralinks Inc’s claim for unpaid virtual...
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...
Glossary—Latin legal termsDespite attempts in recent years to simplify the language used in legal cases, there are still a number of Latin phrases commonly used in personal injury claims. The following Latin phrases are listed in alphabetical order:Latin termDefinitionMeaningActa iure imperiiLegal
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
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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