The following PI & Clinical Negligence news provides comprehensive and up to date legal information on Military deafness claims—the fight for fair compensation
The following PI & Clinical Negligence news provides comprehensive and up to date legal information on PI & Clinical Negligence weekly highlights—1 May 2025
The following Dispute Resolution news provides comprehensive and up to date legal information on Court compels disclosure in £500,000 phone crypto-theft case
The following Dispute Resolution news provides comprehensive and up to date legal information on Understating the incurred costs in a cost budget did not amount to misconduct (Vardy v Rooney)
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...
False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made...
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...
Psychiatric injury—secondary victimsWhat is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the...
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
Scope and impact of vicarious liabilityRelationships sufficiently akin to employmentIn Catholic Child Welfare Society v Various Claimants, Lord Phillips famously stated at para [19]:‘The law of vicarious liability is on the move.’The relationship that will most often give rise to vicarious liability
Vicarious liability in the course of employment—the close connection testTo identify the circumstances in which a court may find an employer to be vicariously liable for a tort committed by an employee it is useful to trace the development of the doctrine.Salmond testHistorically, the test to be
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