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Factual evidence

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Latest PI & Clinical Negligence News

Principles set out in CPR PD 57AC are applied in mesothelioma claim (Jackman v Harold Firth & Son Ltd)

Principles set out in CPR PD 57AC are applied in mesothelioma claim (Jackman v Harold Firth & Son Ltd)

The following Dispute Resolution news provides comprehensive and up to date legal information on Principles set out in CPR PD 57AC are applied in mesothelioma claim (Jackman v Harold Firth & Son Ltd)

PI & Clinical Negligence weekly highlights—24 June 2021

PI & Clinical Negligence weekly highlights—24 June 2021

The following PI & Clinical Negligence news provides comprehensive and up to date legal information on PI & Clinical Negligence weekly highlights—24 June 2021

Secondary victim law update on what constitutes a ‘shocking event’ in a hospital setting (King v Royal United Hospitals Bath NHS Foundation Trust)

Secondary victim law update on what constitutes a ‘shocking event’ in a hospital setting (King v Royal United Hospitals Bath NHS Foundation Trust)

The following PI & Clinical Negligence news provides comprehensive and up to date legal information on Secondary victim law update on what constitutes a ‘shocking event’ in a hospital setting (King v Royal United Hospitals Bath NHS Foundation Trust)

Assessment of solicitor and client costs in low value personal injury claim (SGI v Karatysz)

Assessment of solicitor and client costs in low value personal injury claim (SGI v Karatysz)

The following Dispute Resolution news provides comprehensive and up to date legal information on Assessment of solicitor and client costs in low value personal injury claim (SGI v Karatysz)

Featured PI & Clinical Negligence content

Medco

Medco

MedcoSTOP PRESS: A new RTA small claims protocol for whiplash claims comes into effect for accidents occurring on or after 31 May 2021. The small...

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...

Qualified one-way costs shifting (QOCS)

Qualified one-way costs shifting (QOCS)

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...

Motor claims in the Portal—a practical guide (Stage 1)

Motor claims in the Portal—a practical guide (Stage 1)

Motor claims in the Portal—a practical guide (Stage 1)The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents—30 April...

Practice notes

EL/PL claims in the portal—a practical guide (Stage 1)

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...
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Produced in partnership with Sue Brown 19th May
Practice notes

Smith v Manchester awards

Smith v Manchester awardsThe nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability...
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19th May
Practice notes

Psychiatric injury—primary victims

Psychiatric injury—primary victimsDefining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident...
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19th May
Practice notes

The employer’s duty of care

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...
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19th May
Practice notes

Duty of care and breach in clinical negligence claims

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...
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Produced in partnership with Andrew Ritchie QC of 9 Gough Chambers 19th May
Practice notes

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...
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19th May
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

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
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
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
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

Applying for an interim payment order in personal injury claims

Applying for an interim payment order in personal injury claimsTiming and procedureA claimant can apply for an interim payment order after the end of...
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Produced in partnership with Andrew Wilson 19th May
Practice notes

Loss of pension—personal injury claims

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...
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19th May
Practice notes

Contributory negligence in road traffic accidents

Contributory negligence in road traffic accidentsIn some instances someone may suffer damage that results partly from their own fault and partly from...
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19th May
Practice notes

Misfeasance in public office

Misfeasance in public officeThe tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only...
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19th May
Practice notes

Fixed costs in road traffic accident claims

Fixed costs in road traffic accident claimsPre-Action Protocol for Low Value Personal Injury Claims in Road Traffic AccidentsThe protocol applies to...
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19th May

Most recent Factual evidence content

Practice notes

Witness summons

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...
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24th Jun
tag iconCOVID-19
Practice notes

Trial witness statements in the Business and Property Courts under CPR PD 57AC

Trial witness statements in the Business and Property Courts under CPR PD 57ACIntroductionThis Practice Note sets out the requirements for witness...
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23rd Jun
Precedents

Letter of request for taking evidence

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...
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23rd Jun
Practice notes

Witness statements and other factual evidence—status, use and immunity

Witness statements and other factual evidence—status, use and immunityThis Practice Note provides guidance on the interpretation and application of...
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21st Jun
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 Jun
tag iconCOVID-19
Practice notes

Affidavits

AffidavitsImpact of coronavirus (COVID-19) on affidavitsThe social distancing required as a result of the coronavirus (COVID-19) pandemic is likely to...
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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?

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...
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11th Jun
Q&As

My client/counsel/instructing solicitor/expert witness/third party provider/other key stakeholder is unwell and unable to give instructions and/or otherwise complete work, etc eg to be able to issue prior to limitation expiring and/or to be able to give instructions, etc so as to meet any other court and/or other deadline (examples of third party providers include: the need for an approved transcript of the lower court judgment with any appellant’s notice where the client is seeking to appeal a judgment of the High Court to the Court of Appeal; translations—service/witness statements; third party disclosure providers; etc), what steps should we take?

My client/counsel/instructing solicitor/expert witness/third party provider/other key stakeholder is unwell and unable to give instructions and/or...
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Produced in partnership with Kayleigh Cullis and Philip Roberts of Clarke Willmott 11th Jun
tag iconCOVID-19
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 coronavirus (COVID-19), what steps should we take?

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...
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Produced in partnership with James Tunley of Lamb Chambers 11th Jun
tag iconCOVID-19
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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11th Jun
Practice notes

Courts’ power to manage factual evidence

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...
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11th Jun
tag iconCOVID-19
Q&As

Under the new CPR PD 57AC rules for witness statements, where a witness has seen and has knowledge of all the documents that have been disclosed, can the document list simply be appended to their witness statement, or is it only the documents that are referred to at the time of drafting the statement?

Under the new CPR PD 57AC rules for witness statements, where a witness has seen and has knowledge of all the documents that have been disclosed, can...
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10th Jun
Practice notes

Planning witness evidence and choosing witnesses

Planning witness evidence and choosing witnessesThis Practice Note provides guidance on the interpretation and application of the relevant provisions...
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9th Jun
Precedents

Witness statement in support of the defendant’s application for permission to make an additional claim against a co-defendant

Witness statement in support of the defendant’s application for permission to make an additional claim against a co-defendantFiled on behalf of the...
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8th Jun
Precedents

Witness statement in support of the defendant’s application for permission to make an additional claim against a third party

Witness statement in support of the defendant’s application for permission to make an additional claim against a third partyFiled on behalf of the...
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8th Jun
Precedents

Witness statement in support of application for declaration that another party’s solicitor has ceased to act

Witness statement in support of application for declaration that another party’s solicitor has ceased to actFiled on behalf of the [claimant OR...
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8th Jun
Precedents

Witness statement in support of application to substitute a defendant after the expiry of the limitation period

Witness statement in support of application to substitute a defendant after the expiry of the limitation periodFiled on behalf of the ClaimantWitness...
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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?

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...
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7th Jun
tag iconCOVID-19
Precedents

Witness statement in support of application for summary judgment

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...
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7th Jun
Precedents

Witness statement in support of application for specific disclosure

Filed on behalf of the [Claimant OR Defendant]Witness statement of [insert initial and surname of witness]Number of witness statement: [insert number...
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7th Jun

Popular documents

Commercial Property Standard Enquiries (CPSE)—environmental and health and safety enquiries

Commercial Property Standard Enquiries (CPSE)—environmental and health and safety enquiries

Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are endorsed by the British Property Federation and are free to use. The CPSEs include specific environmental enquiries at enquiry 15 and there are several

Standard Commercial Property Conditions (Third Edition—2018 Revision)

Standard Commercial Property Conditions (Third Edition—2018 Revision)

The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a

Enforcing a warrant of control

Enforcing a warrant of control

Enforcing a warrant of controlThis Practice Note has been produced by enforcement specialists, The Sheriffs Office. It guides users through the process of enforcing a warrant of control obtained from the County Court as a method of enforcing a money judgment; whereby the judgment creditor takes

Involuntary manslaughter

Involuntary manslaughter

Involuntary manslaughterInvoluntary manslaughter—introductionManslaughter can be classified as either voluntary or involuntary. Voluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element—hence the label voluntary manslaughter) but