Factual evidence

View PI & Clinical Negligence by content type:

Latest PI & Clinical Negligence News

Featured PI & Clinical Negligence content

Practice notes
EL/PL claims in the portal—a practical guide (Stage 1)This Practice Note provides an overview of the Pre-Action Protocol for Low Value Personal Injury...
Read More >
Produced in partnership with Sue Brown 19th May
Practice notes
Smith v Manchester awardsThe nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability...
Read More >
19th May
Practice notes
Psychiatric injury—primary victimsDefining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident...
Read More >
19th May
Practice notes
The employer’s duty of careOverriding dutiesAt common law, an employer is under a duty to take reasonable care of the health and safety of its...
Read More >
19th May
Practice notes
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...
Read More >
Produced in partnership with Andrew Ritchie QC of 9 Gough Chambers 19th May
Practice notes
Interest on general damages, special damages and judgment debtInterest on general damagesEntitlementA claimant is entitled to simple interest at a...
Read More >
19th May
Practice notes
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...
Read More >
19th May
Practice notes
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...
Read More >
19th May
Precedents
[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT LOCATION] DISTRICT REGISTRY]Claim No:Between[Insert...
Read More >
19th May
Practice notes
Damages in clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...
Read More >
Produced in partnership with Renée Wood 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...
Read More >
19th May
Practice notes
Applying for an interim payment order in personal injury claimsTiming and procedureA claimant can apply for an interim payment order after the end of...
Read More >
Produced in partnership with Andrew Wilson 19th May
Practice notes
Loss of pension—personal injury claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...
Read More >
19th May
Practice notes
Contributory negligence in road traffic accidentsIn some instances someone may suffer damage that results partly from their own fault and partly from...
Read More >
19th May
Practice notes
Misfeasance in public officeThe tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only...
Read More >
19th May
Practice notes
Fixed costs in road traffic accident claimsPre-Action Protocol for Low Value Personal Injury Claims in Road Traffic AccidentsThe protocol applies to...
Read More >
19th May

Most recent Factual evidence content

Practice notes
Witness summonsWhere a party to proceedings wishes to compel a witness to attend court or produce documents to the court, they may consider using a...
Read More >
24th Jun
Practice notes
Trial witness statements in the Business and Property Courts under CPR PD 57ACIntroductionThis Practice Note sets out the requirements for witness...
Read More >
23rd Jun
Precedents
Letter of request for taking evidenceThis Precedent is a Draft Letter of Request as required by CPR 34.13. The Precedent is taken from Annex A of...
Read More >
23rd Jun
Practice notes
Witness statements and other factual evidence—status, use and immunityThis Practice Note provides guidance on the interpretation and application of...
Read More >
21st Jun
Practice notes
Remote hearings in civil proceedings via video-conferencing and telephoneThis Practice Note gives guidance on remote hearings, via video-conference...
Read More >
17th Jun
Practice notes
AffidavitsImpact of coronavirus (COVID-19) on affidavitsThe social distancing required as a result of the coronavirus (COVID-19) pandemic is likely to...
Read More >
15th Jun
Q&As
How can you challenge a witness statement in advance of trial or during trial, which is not written in the witness’s own native language?In responding...
Read More >
11th Jun
Q&As
A key witness (factual and/or expert)/counsel/instructing solicitor is unable/unwilling to travel to and/or attend court due to the risk of...
Read More >
Produced in partnership with James Tunley of Lamb Chambers 11th Jun
Practice notes
Statements of truthThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the...
Read More >
11th Jun
Practice notes
Courts’ power to manage factual evidenceIn this Practice Note, we address the courts’ power to manage evidence under CPR 32.1 and, in relation to...
Read More >
11th Jun
Practice notes
Planning witness evidence and choosing witnessesThis Practice Note provides guidance on the interpretation and application of the relevant provisions...
Read More >
9th Jun
Precedents
Witness statement in support of the defendant’s application for permission to make an additional claim against a co-defendantFiled on behalf of the...
Read More >
8th Jun
Precedents
Witness statement in support of the defendant’s application for permission to make an additional claim against a third partyFiled on behalf of the...
Read More >
8th Jun
Precedents
Witness statement in support of application for declaration that another party’s solicitor has ceased to actFiled on behalf of the [claimant OR...
Read More >
8th Jun
Precedents
Witness statement in support of application to substitute a defendant after the expiry of the limitation periodFiled on behalf of the ClaimantWitness...
Read More >
8th Jun
Q&As
What is the procedure in the small claims court for relying on a statement made otherwise than by a person giving oral evidence?Small claims...
Read More >
7th Jun
Precedents
Witness statement in support of application for summary judgmentNote: on 1 April 2013, the 'Jackson Reforms' introduced a new CPR 32.2(3) on factual...
Read More >
7th Jun
Precedents
Filed on behalf of the [Claimant OR Defendant]Witness statement of [insert initial and surname of witness]Number of witness statement: [insert number...
Read More >
7th Jun

Popular documents