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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

Claims for lost years

Claims for lost years

The claim and basis for itThis type of claim is made on behalf of a living claimant whose life expectancy has been reduced as a result of the...

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 1980

The Limitation Act 1980 is referred to as LA 1980.The power to disapply the primary limitation periodWhen dealing with personal injury claims that...

Fixed costs in road traffic accident claims

Fixed costs in road traffic accident claims

Pre-action protocol for low value personal injury claims in road traffic accidentsThe protocol applies to all road traffic accident (RTA)...

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...

Practice notes

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,...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes

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...
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9th Nov
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

Low Velocity Impact RTAs—in detail

IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...
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Produced in partnership with Andrew Wilson 12th Jan
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

Was the damage foreseeable?

The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach of duty), and•that the...
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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

Time limits under the Limitation Act 1980—personal injury claims

The Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits within which claimants are entitled to bring claims of various...
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9th Nov
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

What is fundamental dishonesty?

This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and Courts Act 2015 (CJCA 2015) and the...
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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 Key PI and clinical negligence developments content

Practice notes

Arbitral organisations and coronavirus (COVID-19)—practical impact

Arbitral organisations and coronavirus (COVID-19)—practical impactThe table below summarises some of the key information regarding the practical...
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16th May
tag iconCOVID-19
Practice notes

Coronavirus (COVID-19)—FCA non-damage business interruption insurance test case

Coronavirus (COVID-19)—FCA non-damage business interruption insurance test caseUnlike conventional perils such as fire or flood, an outbreak of a...
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Produced in partnership with James Beeton of 12 King's Bench Walk and Cressida Mawdesley-Thomas of 12 King's Bench Walk 16th May
tag iconCOVID-19
Practice notes

Fixed costs in employer liability and public liability claims

Fixed costs in employer liability and public liability claimsPre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public...
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16th May
Practice notes

Coronavirus (COVID-19) implications for PI and clinical negligence

Coronavirus (COVID-19) implications for PI and clinical negligenceThis Practice Note aims to cover procedural guidance and other points of interest...
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16th May
tag iconCOVID-19
Practice notes

The Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims

The Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) ClaimsThe Pre-Action Protocol for Low Value Personal...
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16th May
Practice notes

PI & Clinical Negligence horizon scanner—October 2020 [Archived]

PI & Clinical Negligence horizon scanner—October 2020 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice...
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16th May
Practice notes

PI & Clinical Negligence horizon scanner—August 2020 [Archived]

PI & Clinical Negligence horizon scanner—August 2020 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained. This Practice...
Read More >
16th May
Practice notes

What is fundamental dishonesty?

What is fundamental dishonesty?This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and...
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16th May
Practice notes

Personal injury claims and the Criminal Justice and Courts Act

Personal injury claims and the Criminal Justice and Courts ActThe main aim of the Criminal Justice and Courts Act 2015 (CJCA 2015) is to make...
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16th May
Practice notes

Terminating retainers and transfer and variation of CFAs [Archived]

Terminating retainers and transfer and variation of CFAs [Archived]ARCHIVED: This Practice Note has been archived and is not maintained. For how the...
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Produced in partnership with Sue Brown 16th May
Practice notes

The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents—30 April 2013 onwards

The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents—30 April 2013 onwardsTHIS PRACTICE NOTE ONLY CONTAINS...
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16th May
Practice notes

PI & Clinical Negligence horizon scanner—December 2020 [Archived]

PI & Clinical Negligence horizon scanner—December 2020 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice...
Read More >
16th May
Practice notes

PI & Clinical Negligence horizon scanner—May 2021

PI & Clinical Negligence horizon scanner—May 2021This Practice Note is a summary of the key legal developments of relevance to personal injury and...
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16th May
Practice notes

ATE insurance premiums, CFAs, mesothelioma and clinical negligence claims—the Jackson reforms [Archived]

ATE insurance premiums, CFAs, mesothelioma and clinical negligence claims—the Jackson reforms [Archived]Position pre-1 April 2013ARCHIVED:...
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16th May
Practice notes

The Pre-Action Protocol for the Resolution of Clinical Disputes—6 April 2015 onwards

The Pre-Action Protocol for the Resolution of Clinical Disputes—6 April 2015 onwardsCoronavirus (Covid-19): The COVID-19 Clinical Negligence Protocol...
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16th May
Practice notes

Part 36 offers in personal injury claims—pre-6 April 2015 [Archived]

Part 36 offers in personal injury claims—pre-6 April 2015 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice...
Read More >
Produced in partnership with Andrew Wilson 16th May
Practice notes

What does IP completion day mean for PI & Clinical Negligence claims?

What does IP completion day mean for PI & Clinical Negligence claims?This Practice Note addresses the implications of the UK leaving the EU after the...
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16th May
Practice notes

PI & Clinical Negligence horizon scanner—June 2020 [Archived]

PI & Clinical Negligence horizon scanner—June 2020 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note...
Read More >
16th May
Practice notes

The Pre-Action Protocol for Resolution of Package Travel Claims and fixed costs—7 May 2018 onwards

The Pre-Action Protocol for Resolution of Package Travel Claims and fixed costs—7 May 2018 onwardsThe Pre-Action Protocol for Resolution of Package...
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16th May
Practice notes

Part 36 offers in PI and clinical negligence claims

Part 36 offers in PI and clinical negligence claimsNote: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as...
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Produced in partnership with Andrew Wilson 16th May

Popular documents

Escrow accounts and escrow agreements

Escrow accounts and escrow agreements

This Practice Note examines why parties involved in a construction project may enter into an escrow agreement (or escrow deed) to set up an escrow account. It looks at the benefits of paying funds into escrow, how an escrow account operates and the provisions typically found in an escrow

Ad hoc arbitration—an introduction to the key features of ad hoc arbitration

Ad hoc arbitration—an introduction to the key features of ad hoc arbitration

An ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties flexibility as to the conduct of the arbitration, but less external support for the process. It can be quicker than institutional arbitration but not if

CE-File—electronic filing and case management in the Rolls Building and other courts

CE-File—electronic filing and case management in the Rolls Building and other courts

This Practice Note looks at CE-File electronic working in the courts under CPR PD 51O, in the context of case management. It provides guidance on how to file a document electronically, deal with rejected electronic filings, issue a claim electronically, file electronic bundles (eBundles) for case

Tomlin orders

Tomlin orders

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border