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Latest PI & Clinical Negligence News

Further developments on vicarious liability in sexual abuse cases (Blackpool Football Club v DSN)

Further developments on vicarious liability in sexual abuse cases (Blackpool Football Club v DSN)

The following Dispute Resolution news provides comprehensive and up to date legal information on Further developments on vicarious liability in sexual abuse cases (Blackpool Football Club v DSN)

Released unlawful means conspiracy claims struck out because of the terms of parties’ settlement agreement (Maranello Rosso Ltd v Lohomij BV and others)

Released unlawful means conspiracy claims struck out because of the terms of parties’ settlement agreement (Maranello Rosso Ltd v Lohomij BV and others)

The following Commercial news provides comprehensive and up to date legal information on Released unlawful means conspiracy claims struck out because of the terms of parties’ settlement agreement (Maranello Rosso Ltd v Lohomij BV and others)

PI & Clinical Negligence weekly highlights—16 September 2021

PI & Clinical Negligence weekly highlights—16 September 2021

The following PI & Clinical Negligence news provides comprehensive and up to date legal information on PI & Clinical Negligence weekly highlights—16 September 2021

Coronavirus (COVID-19) PPE, CE conformity and the Sale of Goods Act 1979 (Local Boy’z Ltd v Malu NV)

Coronavirus (COVID-19) PPE, CE conformity and the Sale of Goods Act 1979 (Local Boy’z Ltd v Malu NV)

The following Commercial news provides comprehensive and up to date legal information on Coronavirus (COVID-19) PPE, CE conformity and the Sale of Goods Act 1979 (Local Boy’z Ltd v Malu NV)

Featured PI & Clinical Negligence content

False imprisonment

False imprisonment

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 amenity

Pain, suffering and loss of amenity

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...

Past loss of earnings

Past loss of earnings

Past loss of earningsCommon issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For...

Interest on general damages, special damages and judgment debt

Interest on general damages, special damages and judgment debt

Interest on general damages, special damages and judgment debtInterest on general damagesEntitlementA claimant is entitled to simple interest at a...

Practice notes

Bringing a claim against a public authority in negligence—basis of duty

Bringing a claim against a public authority in negligence—basis of dutyWhen will a public authority owe a duty of care?The Supreme Court considered...
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19th May
Practice notes

Untraced drivers and the role of the MIB—for accidents occurring on or after 1 March 2017

Untraced drivers and the role of the MIB—for accidents occurring on or after 1 March 2017NOTE: For accidents after 1 March 2017 the Motor Insurers'...
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19th May
Practice notes

Liability under the Animals Act 1971—all other animals

Liability under the Animals Act 1971—all other animalsAll animals except those that belong to a dangerous species (all non-dangerous animals) are...
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19th May
Practice notes

Fee remissions

Fee remissionsIntroductionCourt and tribunal fees are, for many, prohibitively high. For those in the most straitened circumstances, fee remissions,...
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Produced in partnership with David Willink of Lamb Chambers 19th May
Practice notes

The court’s power to extend the time limit—section 33 of the Limitation Act 1980

The court’s power to extend the time limit—section 33 of the Limitation Act 1980The Limitation Act 1980 is referred to as LA 1980.The power to...
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19th May
Practice notes

Drafting schedules of loss in PI and clinical negligence claims

Drafting schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the...
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Produced in partnership with Louise Thomson 19th May
Q&As

In a road traffic accident claim where the claim is proceeding in the portal, does the section 152 notice need to be sent to the defendant’s insurers if you are issuing proceedings due to limitation approaching?

Section 152(1) of the Road Traffic Act 1988 (RTA 1988) states that no sum is payable by an insurer under RTA 1988, s 151 in respect of any judgment...
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Produced in partnership with David Sawtell of 39 Essex Chambers 19th May
Q&As

Is there any guidance on what costs are payable in a claim which was initially submitted via the low value Ministry of Justice portal but it transpires that the value is in excess of the upper limit of £25,000? Can you exit the claim from the portal on grounds that it exceeds the upper value?

Is there any guidance on what costs are payable in a claim which was initially submitted via the low value Ministry of Justice portal but it...
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19th May
Q&As

We act for the defendant in a claim. The defendant defended the claim and brought a counterclaim against the claimant. The case proceeded to trial and judgment was given by the court in favour of the defendant for damages and a costs order was made in his favour pursuant to CPR 45.29G. The court order, however, also includes a provision that the sum ordered for costs is not to be enforced without permission of the court. Does the claimant's QOCS protection extend to cover the costs order made in the defendant's favour in respect of the costs of successfully bringing his counterclaim?

We act for the defendant in a claim. The defendant defended the claim and brought a counterclaim against the claimant. The case proceeded to trial and...
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Produced in partnership with David Green of 12 King's Bench Walk 19th May
Practice notes

Uninsured drivers and the role of the MIB—for accidents occurring on or after 1 August 2015

Uninsured drivers and the role of the MIB—for accidents occurring on or after 1 August 2015NOTE: This Practice Note deals with the MIB Uninsured...
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19th May
Practice notes

Quantifying damages for the estate under the Law Reform Act

Quantifying damages for the estate under the Law Reform ActWhat can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act...
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19th May
Practice notes

Damages in clinical negligence claims

Damages in clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...
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Produced in partnership with Renée Wood 19th May
Practice notes

Psychiatric injury—secondary victims

Psychiatric injury—secondary victimsWhat is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the...
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Produced in partnership with Andrew Wilson 19th May
Precedents

Schedule of special damages—serious injury multi track

[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT LOCATION] DISTRICT REGISTRY]Claim No:Between[Insert...
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19th May
Q&As

What costs are payable on a matter which is in the MOJ portal but settles for less than £1,000? At the time that the matter was entered in the portal the claim was valued at over £1,000.

What costs are payable on a matter which is in the MOJ portal but settles for less than £1,000? At the time that the matter was entered in the portal...
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19th May
Practice notes

Drafting counter schedules of loss in PI and clinical negligence claims

Drafting counter schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount...
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Produced in partnership with Louise Thomson 19th May

Most recent Evidence and disclosure content

Practice notes

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

UK GDPR and EU GDPR—transfers of personal data internationally and to international organisationsIn briefData protection laws in both the EEA (the EU...
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17th Sep
tag iconBrexit tag iconIn-house
Q&As

If a client would like to voluntarily waive privilege in an investigation, what are the risks and how can they be mitigated?

If a client would like to voluntarily waive privilege in an investigation, what are the risks and how can they be mitigated?Ownership of...
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Produced in partnership with Jonathan Edwards of Radcliffe Chambers and Daniel Gill of Clarke Willmott 17th Sep
Practice notes

Legal professional privilege in civil proceedings

Legal professional privilege in civil proceedingsThis Practice Note considers legal professional privilege (LPP), which is made up of legal advice...
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17th Sep
Practice notes

Statements of truth

Statements of truthThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the...
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17th Sep
Q&As

Can mobile phone recordings constitute admissible evidence in legal proceedings and what issues should be considered?

Can mobile phone recordings constitute admissible evidence in legal proceedings and what issues should be considered?For the purposes of this Q&A we...
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17th Sep
Precedents

Witness statement—generic

Witness statement—genericFiled on behalf of the [insert party eg [Claimant OR Appellant] or [Defendant OR Respondents]]Number of witness statement:...
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17th Sep
Practice notes

Remote hearings in civil proceedings via video-conferencing and telephone

Remote hearings in civil proceedings via video-conferencing and telephoneThis Practice Note gives guidance on remote hearings, via video-conference...
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17th Sep
tag iconCOVID-19
Practice notes

The Investigatory Powers Act 2016—an introductory guide [Archived]

The Investigatory Powers Act 2016—an introductory guide [Archived]ARCHIVED: This Practice Note has been archived and is not maintained. For an...
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Produced in partnership with Eric Metcalfe of Monckton Chambers and Carolina Bracken of 5 Paper Buildings 16th Sep
Practice notes

Without prejudice communications

Without prejudice communicationsThis Practice Note explains the without prejudice rule that affects the admissibility of evidence relating to genuine...
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16th Sep
tag iconIn-house
Q&As

Is it possible to find out the claim number for a High Court Chancery matter in the Rolls Building where we only have the names of the parties?

Is it possible to find out the claim number for a High Court Chancery matter in the Rolls Building where we only have the names of the...
Read More >
15th Sep
Precedents

Standard multi-track directions—single joint expert

Standard multi-track directions—single joint expertThis Precedent is the Gov.uk standard direction order template to use in multi-track cases where...
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15th Sep
Practice notes

Chancery Division—expert evidence

Chancery Division—expert evidenceThis Practice Note provides guidance on expert evidence in the Chancery Division under Chapter 17 of the Chancery...
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15th Sep
Practice notes

TCC—factual witness evidence

TCC—factual witness evidenceThis Practice Note provides guidance on witness statements and factual evidence for use at trial in the Technology and...
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15th Sep
Practice notes

Chancery Division—factual witness evidence

Chancery Division—factual witness evidenceThis Practice Note provides guidance on witness statements and factual evidence for use at trial in the...
Read More >
15th Sep
Practice notes

Applying for permission to adduce expert evidence

Applying for permission to adduce expert evidenceThis Practice Note looks at the process of seeking the court’s permission to adduce expert evidence...
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15th Sep
Practice notes

Exhibits to witness statements and affidavits

Exhibits to witness statements and affidavitsThis Practice Note focuses on exhibits to factual witness statements and affidavits. It explains what an...
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15th Sep
Q&As

How does the disclosure pilot scheme (DPS) under CPR PD 51U impact on proceedings in the Technology and Construction Court?

How does the disclosure pilot scheme (DPS) under CPR PD 51U impact on proceedings in the Technology and Construction Court?This Q&A considers the...
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Produced in partnership with Abdul Jinadu of Keating Chambers 15th Sep
Practice notes

Brexit—implications for data protection

Brexit—implications for data protectionThis Practice Note discusses the impact of Brexit on the general processing of personal data under the General...
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14th Sep
tag iconBrexit tag iconIn-house
Precedents

Draft letter responding to request to inspect privileged documents

Draft letter responding to request to inspect privileged documentsDear [insert organisation name]We write in response to your letter of [DATE].[Our...
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Produced in partnership with Mathew Purchase of Matrix Chambers 14th Sep
Precedents

Draft memo for client about disclosure and privilege

Draft memo for client about disclosure and privilegeThis precedent draft memo should be read (and potentially be sent) with the relevant precedent...
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Produced in partnership with Mathew Purchase of Matrix Chambers 14th Sep

Popular documents

Breach of statutory duty

Breach of statutory duty

Breach of statutory dutyThis Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care

Enquiries before contract

Enquiries before contract

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID-19 outbreak. For updates on key developments and related practical guidance on the implications for lawyers, see Practice Note: Coronavirus (COVID-19)—implications

Directors’ remuneration

Directors’ remuneration

Directors’ remunerationCompany directors are not, by virtue only of their office as director, automatically entitled under company law to remuneration for services as a director or to reimbursement of expenses incurred in rendering such services. Power to pay directors remuneration for their

Contract interpretation—express terms in contracts

Contract interpretation—express terms in contracts

Contract interpretation—express terms in contractsExpress and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made