About PI & Clinical Negligence
In the wake of the Jackson Review and the Legal Services Act 2011 and the forthcoming implementation of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, the competition for personal injury work is more intense than ever. Personal injury lawyers of all kinds are under immense pressure not only to turn work around faster, but expand into what might be new and unfamiliar areas (e.g. clinical negligence or occupational disease).
Establishing legal liability
Key practice note looking at the courts’ approach when deciding if a duty of care is owed by the defendant, including claims for novel situations, psychiatric injury, omissions and claims involving public authorities.
Types of claim
This content deals with the duty of care owed by road users to others in road traffic accidents, including car drivers or motorists, passengers, pedestrians, cyclists and the standard of care.
Litigation
See what court to issue your claim in depending on the value of the claim and other factors. We look at the type of claims the specialist courts deal with and provide guidelines that need to be adhered to.
Sentencing and Punishment of Offenders Act 2012
After the Jackson Review, the Legal Services Act 2011, and implementation of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, competition for work is intense. PI lawyers must know new and unfamiliar areas.
Topics We Cover
Our PI & Clinical Negligence Experts
Rebecca Taylor-Onion
John McQuater
Anthony Johnson
Colm Nugent
Mark Havenhand
Latest PI & Clinical Negligence News
Dispute Resolution analysis: The High Court held that section 33(2) of the Senior Courts Act 1981 (SCA 1981) does not permit pre-action disclosure...
This week’s edition of PI & Clinical Negligence weekly highlights includes recent developments concerning limitation in childhood sexual abuse claims,...
The Public Office (Accountability) Bill has completed second reading in the House of Lords and will proceed to committee stage. The Bill would impose...
PI & Clinical Negligence analysis: This case concerned a claim relating to childhood physical and sexual abuse in a care home in the 1980s. The key...
This week’s edition of PI & Clinical Negligence weekly highlights includes developments on indemnity costs, a clinical negligence decision concerning...
Latest PI & Clinical Negligence Practice Notes
This Practice Note considers who should be involved in negotiating a settlement (including team negotiations), issues of confidentiality and subject...
Expert determination is a form of alternative dispute resolution (ADR). This Practice Note explains expert determination for technical or contract...
This Practice Note considers when and why you should attempt to settle disputes and the consequences for not attempting to reach settlement if...
This Practice Note considers how to enforce a settlement agreement concluded before a claim has been issued.Unlike a settlement of a dispute arrived...
This Practice Note considers how to enforce a settlement agreement concluded after proceedings have been issued. It discusses enforcement of...
Latest PI & Clinical Negligence Precedents
[Insert name and address of witness][Insert date]Dear [insert name of witness],[Insert title of litigation]With this letter, I am sending you the...
Filed on behalf of the [Claimant OR Defendant]Witness statement of [insert initial and surname of witness]Number of witness statement: [insert number...
Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify...
[Insert name and address of defendant or defendant's legal representative][Insert date]Dear [insert organisation name][Claimant v Defendant—Case...
[insert name and address of Claimant or Defendant or Claimant or Defendant’s legal representative][insert date]Dear [insert organisation...
Latest PI & Clinical Negligence Q&As
Featured PI & Clinical Negligence content
False imprisonment
False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made...
The employer’s duty of care
The employer’s duty of careThis Practice Note considers the scope of an employer’s common law duty to ensure the safety of their employees with...
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...
Pain, suffering and loss of amenity (PSLA)
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...
Contributory negligence in personal injury claims
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences...
Damages in fatal accident claims
Damages in fatal accident claimsElements of a fatal accident claimThere are two different elements to a fatal accident claim:•the Law Reform...
Psychiatric injury—establishing liability
Psychiatric injury—establishing liabilityLiability for psychiatric injury is dependent in part on the nature of the injuries suffered and the manner...
Was the damage foreseeable?
Was the damage foreseeable?The concept of foreseeability and remoteness in negligence claimsEven if the claimant proves:•that the defendant acted...
Claims against the police
Claims against the policeIntroductionThe police force is a pure public authority (ie performs only public functions). Therefore, claims can be brought...
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...
Vicarious liability in the course of employment—the close connection test
Vicarious liability in the course of employment—the close connection testThis Practice Notes considers the circumstances in which the court will hold...
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...
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...
Claims against schools
Claims against schoolsClaims against schools by pupils can arise in a number of ways, including pupils:•being injured due to condition of...
Qualified one-way costs shifting (QOCS)
Qualified one-way costs shifting (QOCS)NOTE: the Civil Procedure (Amendment) Rules 2023, SI 2023/105, amended CPR 44.14 so that defendants can enforce...
Psychiatric injury—secondary victims—case tracker
Psychiatric injury—secondary victims—case trackerA secondary victim is someone who has suffered psychiatric injury not by being directly involved in...
Did the claimant consent to the risk of injury?
Did the claimant consent to the risk of injury?The essence of a defence of volenti non fit injuria (‘to a willing person, no injury is done’) is that...
Associated legal terms
EDF NGL
EDF Energy (Nuclear Generation) Limited (formerly British Energy Generation Limited) is the EDF Energy group company that owns and operates the eight operational nuclear power stations in the UK.
Legal papers
Legal papers are the written documents used to start, advance, evidence or resolve legal proceedings or transactions. The expression is descriptive rather than a defined statutory term and is used broadly and flexibly across civil, criminal and administrative practice.
In England and Wales, Northern Ireland and Ireland, “legal papers” will typically include claim forms, writs, originating summonses, statements of case (pleadings), affidavits, witness statements, orders, consents, skeleton arguments, opinions, contracts, deeds and other formal instruments. In Scotland, the term covers equivalent court documents such as initial writs, summonses, defences, inventories of productions, affidavits and interlocutors, as well as transactional documents and counsel’s written work.
The expression is often used in practice to distinguish formal legal documentation from informal correspondence or internal notes. It is relevant for issues such as service, filing, disclosure, privilege, document management, client care and professional liability. While the precise procedural names of particular documents vary by jurisdiction, the underlying concept of “legal papers” as formal, legally significant written materials is broadly consistent across the UK and Ireland.
PARJO
An accurate and quick method for leak testing on a variety of containment systems such as gloveboxes and hot cells.
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