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Latest PI & Clinical Negligence News

Claimant recovers damages from MIB 24 years after accident—settlement approved, but amount to remain confidential (Johnson v Secretary of State for Transport and MIB)

Claimant recovers damages from MIB 24 years after accident—settlement approved, but amount to remain confidential (Johnson v Secretary of State for Transport and MIB)

Claimant recovers damages from MIB 24 years after accident—settlement approved, but amount to remain confidential (Johnson v Secretary of State for Transport and MIB)

CPR Committee annual open meeting—14 May 2021

CPR Committee annual open meeting—14 May 2021

The following Construction news provides comprehensive and up to date legal information on CPR Committee annual open meeting—14 May 2021

PI & Clinical Negligence weekly highlights—13 May 2021

PI & Clinical Negligence weekly highlights—13 May 2021

The following PI & Clinical Negligence news provides comprehensive and up to date legal information on PI & Clinical Negligence weekly highlights—13 May 2021

Inexcusable delay giving judgment, dishonest assistance and dual vicarious liability (Natwest Markets plc v Bilta UK Ltd (In liquidation))

Inexcusable delay giving judgment, dishonest assistance and dual vicarious liability (Natwest Markets plc v Bilta UK Ltd (In liquidation))

The following Dispute Resolution news provides comprehensive and up to date legal information on Inexcusable delay giving judgment, dishonest assistance and dual vicarious liability (Natwest Markets plc v Bilta UK Ltd (In liquidation))

Featured PI & Clinical Negligence content

Drafting counter schedules of loss in PI and clinical negligence claims

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...

Part 36 offers in PI and clinical negligence claims

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,...

Loss of congenial employment

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...

Misfeasance in public office

Misfeasance in public office

The tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only available against public...

Practice notes

Future loss of earnings—personal injury claims

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25% from the previous level of minus 0.75%. The new...
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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...
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9th Nov
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...
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9th Nov
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...
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Produced in partnership with Andrew Wilson 12th Jan
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...
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Produced in partnership with Ian Huckstepp of IRH Solicitors 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...
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9th Nov
Practice notes

Motor insurance

Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
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9th Nov
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...
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Produced in partnership with Andrew Wilson 12th Jan
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...
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Produced in partnership with Andrew Wilson 12th Jan
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...
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9th Nov
Practice notes

Provisional damages

Background and frameworkPurpose of a provisional damages awardWhen the court makes a once and for all lump sum award, it is designed to cover both...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes

Smith v Manchester awards

The nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability resulting from an injury,...
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9th Nov
Practice notes

Psychiatric injury—primary victims

Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
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9th Nov
Practice notes

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...
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9th Nov
tag iconIn-house
Practice notes

Qualified one-way costs shifting (QOCS)

What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a...
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9th Nov
Practice notes

False imprisonment

LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public...
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Produced in partnership with Greg Ó Ceallaigh of Garden Court Chambers 12th Jan

Most recent Evidence and disclosure content

Practice notes

Survey and witness evidence in trade mark and passing off cases

Survey and witness evidence in trade mark and passing off casesThis Practice Note summarises some of the legal and practical issues associated with...
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Produced in partnership with Amanda McDowall of Lee & Thompson and Sarah Wright of CMS 16th May
Practice notes

Disclosure: specific disclosure

Disclosure: specific disclosureThis Practice Note should be read in conjunction with Practice Notes:•Disclosure—the application for specific...
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15th May
Practice notes

Disclosure pilot scheme—costs recovery

Disclosure pilot scheme—costs recoveryThis Practice Note considers costs recovery when dealing with proceedings under the disclosure pilot scheme...
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15th May
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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15th May
tag iconCOVID-19
Practice notes

Witness evidence—code of conduct requirements [Archived]

Witness evidence—code of conduct requirements [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.Code of conduct...
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15th May
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 May
Practice notes

Pre-action disclosure—the application

Pre-action disclosure—the applicationThis Practice Note provides guidance on CPR 31.16 pre-action disclosure applications, where the applicant and...
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15th May
Practice notes

Witness evidence—preparing for trial

Witness evidence—preparing for trialThis Practice Note should be read in conjunction with Practice Notes: Witness evidence—giving evidence at trial,...
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15th May
Practice notes

Witness evidence—Jackson Reforms [Archived]

Witness evidence—Jackson Reforms [Archived]ARCHIVED:Note: this Practice Note only gives guidance on the provisions implemented in April 2013. It does...
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15th May
Practice notes

Authenticity of disclosed documents—CPR 32.19

Authenticity of disclosed documents—CPR 32.19This Practice Note considers the deemed authenticity of disclosed documents under CPR 32.19 the burden of...
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15th May
Practice notes

Expert evidence—Jackson reforms [Archived]

Expert evidence—Jackson reforms [Archived]ARCHIVED: Note:•this Practice Note provides guidance on provisions which came into force on 1 April...
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15th May
Practice notes

Liability of expert witnesses

Liability of expert witnessesIt is vital that experts are aware of their professional duties and comply with them accordingly. A failure to do so may...
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15th May
Practice notes

Norwich Pharmacal orders (NPOs)

Norwich Pharmacal orders (NPOs)Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by...
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15th May
Practice notes

Specific disclosure—the courts' approach

Specific disclosure—the courts' approachThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the...
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15th May
Practice notes

Disclosure—solicitors' obligations

Disclosure—solicitors' obligationsNote: this Practice Note does not cover the provisions of the disclosure pilot scheme in the Business and Property...
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15th May
Practice notes

Dispute resolution—data protection and GDPR considerations

Dispute resolution—data protection and GDPR considerationsOn 31 January 2020, the UK ceased to be a member of the EU and EEA. This Practice Note...
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Produced in partnership with Miriam Everett (Global Head of Data and Privacy, Partner), Julian Copeman (Partner) and Hannah Brown (Associate) of Herbert Smith Freehills 15th May
Practice notes

Duties of an expert

Duties of an expertKey principlesCivil Procedure Rule (CPR) 35.3 makes clear that an expert is under a duty to assist the court on matters within his...
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Produced in partnership with Hardwicke Chambers 15th May
Practice notes

Electronic disclosure—Electronic Documents Questionnaire (EDQ)

Electronic disclosure—Electronic Documents Questionnaire (EDQ)This Practice Note should be read in conjunction with Practice Note: Electronic...
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15th May
Practice notes

Instructing an expert

Instructing an expertWhen instructing experts you are expected to have regard to:•all relevant CPR Rules and Practice Directions•the Guidance for the...
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15th May
Practice notes

Admissibility of expert evidence

Admissibility of expert evidenceThis Practice Note looks at the admissibility of expert evidence under CPR Part 35 and the Civil Evidence Act 1972...
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15th May

Popular documents

Arbitration agreements—definition, purpose and interpretation

Arbitration agreements—definition, purpose and interpretation

This Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international perspective and includes some comparative examples from other

Claims for use and occupation, mesne profits, double rent and double value

Claims for use and occupation, mesne profits, double rent and double value

This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be claimed.Claims for use and occupationA claim for use and occupation is possible where there is occupation of land without an express agreement fixing the

Negligence—when is the duty of care breached?

Negligence—when is the duty of care breached?

Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of

Skeleton arguments

Skeleton arguments

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not deal with the