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Latest PI & Clinical Negligence News

Senior Courts Costs Office guide updated—January 2021

The following Dispute Resolution news provides comprehensive and up to date legal information on Senior Courts Costs Office guide updated—January 2021

Costs orders where a defendant accepts a Part 36 offer out of time (Pallett v MGN Ltd)

The following Dispute Resolution news provides comprehensive and up to date legal information on Costs orders where a defendant accepts a Part 36 offer out of time (Pallett v MGN Ltd)

What does IP completion day mean for the status of EU law in the UK?

The following Banking & Finance news provides comprehensive and up to date legal information on What does IP completion day mean for the status of EU law in the UK?

EU-UK post-Brexit trade deal approval process gets kick-start from EU governments

The following Arbitration news provides comprehensive and up to date legal information on EU-UK post-Brexit trade deal approval process gets kick-start from EU governments

Featured PI & Clinical Negligence content

False imprisonment

LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public...

Pain, suffering and loss of amenity

Valuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of the loss of an arm or of the sense...

Past loss of earnings

Common issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For guidance on future loss...

What is fundamental dishonesty?

This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and Courts Act 2015 (CJCA 2015) and the...

Practice notes

Psychiatric injury—secondary victims

What is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

CRU certificates—recoverable benefits and lump sum payments

Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...

9th Nov

Practice notes

Time limits under the Limitation Act 1980—personal injury claims

The Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits within which claimants are entitled to bring claims of various...

9th Nov

Practice notes

Collateral benefits and double recovery

General principlesAs a general rule, a claimant must give credit for any financial gains they make that they have received as a result of their...

9th Nov

Practice notes

Was the damage foreseeable?

The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach of duty), and•that the...

9th Nov

Practice notes

Catastrophic injury claims—heads of claim

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Vicarious liability in the course of employment—the close connection test

To 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...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Qualified one-way costs shifting (QOCS)—case tracker

This case tracker considers case law in relation to qualified one-way costs shifting (QOCS) in order to provide some guidance on how the courts are...

9th Nov

Practice notes

Personal injury experts

Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...

Produced in partnership with Ian Huckstepp of IRH Solicitors 12th Jan

Practice notes

Fraud, exaggeration and LVIs in personal injury claims

DefinitionsFraudDefined in Derry v Peek as where it is shown that:'a false representation has been made (1) knowingly, or (2) without belief in its...

Produced in partnership with Andrew Wilson 12th Jan

Precedents

Claim against a defendant driver’s insurers holding them liable under section 151 of the Road Traffic Act 1988

Brexit: The UK’s departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...

9th Nov

Practice notes

Claims under the Consumer Protection Act 1987

Brexit: As of exit day (11 pm on 31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the...

9th Nov

Practice notes

Loss of congenial employment

Nature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial employment. This award relates...

9th Nov

Practice notes

Part 36 offers in PI and clinical negligence claims

Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For offers made prior to this,...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Drafting counter schedules of loss in PI and clinical negligence claims

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5...

Produced in partnership with Louise Thomson 12th Jan

Practice notes

Claims for lost years

The claim and basis for itThis type of claim is made on behalf of a living claimant whose life expectancy has been reduced as a result of the...

9th Nov

Most recent Evidence and disclosure content

Practice notes

Statements of truth

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

25th Jan

Practice notes

Remote hearings in civil proceedings via video-conferencing and telephone

This Practice Note gives guidance on remote hearings, via video-conference and telephone. It covers relevant CPR provisions and related guidance, as...

21st Jan

COVID-19

Practice notes

UK GDPR and EU GDPR—transfers of personal data internationally and to international organisations

On 31 January 2020, the UK ceased to be an EU Member State and entered a Brexit implementation period. This Practice Note introduces the general...

19th Jan

Brexit

In-house

Practice notes

Anonymisation—protecting the identity of a party or a witness

This Practice Note looks at the protection of the identity or anonymisation of a party or a witness in civil litigation proceedings under CPR 39.2(4)....

18th Jan

Practice notes

Witness statements—substantive content

This Practice Note provides general guidance for the drafting of the substantive content in factual witness statements under Part 32 of the CPR. In...

18th Jan

Practice notes

Disclosure: specific disclosure

This Practice Note should be read in conjunction with Practice Notes:•Disclosure—the application for specific disclosure•Specific disclosure—the...

18th Jan

Practice notes

Norwich Pharmacal orders—procedure for application

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

18th Jan

Practice notes

Admissibility of expert evidence

This Practice Note looks at the admissibility of expert evidence under CPR Part 35 and the Civil Evidence Act 1972 (CEA 1972). In particular, it...

18th Jan

Practice notes

Expert evidence—general considerations

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

18th Jan

Practice notes

Privilege—solicitor and client confidence

This Practice Note looks at privilege and confidential information in the context of a client-solicitor relationship where that solicitor-client...

18th Jan

Practice notes

Choosing an expert

This Practice Note should be read in conjunction with:•Practice Notes: Expert evidence—general considerations, Applying for permission to adduce...

18th Jan

Practice notes

Disclosure ‘menu’ in multi track claims

This Practice Note provides guidance on the menu of disclosure options under CPR 31.5(7) and CPR 31.5(8) which apply to non-personal injury claims...

18th Jan

Practice notes

Disclosure—the application for specific disclosure

Brexit: The UK's departure from the EU has implications for practitioners considering disclosure of mediation documents. For guidance, see Practice...

18th Jan

Practice notes

Witness evidence—Jackson Reforms [Archived]

ARCHIVED:Note: this Practice Note only gives guidance on the provisions implemented in April 2013. It does not provide guidance on any subsequent...

18th Jan

Practice notes

Expert reports

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

18th Jan

Practice notes

Witness evidence—code of conduct requirements [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.Code of conduct requirementsA solicitor's relationship with witnesses has to be...

18th Jan

Practice notes

Experts' meetings and joint statements

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

18th Jan

Practice notes

Business and Property Courts—the disclosure pilot scheme

IntroductionThis Practice Note considers the disclosure pilot scheme which applies across the Business and Property Courts as of 1 January 2019. The...

18th Jan

Practice notes

Disclosure obligations in multi-track claims

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

18th Jan

Practice notes