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Practice notes
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 impactThe table below summarises some of the key information regarding the practical...
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16th May
Practice notes
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
Practice notes
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 negligenceThis Practice Note aims to cover procedural guidance and other points of interest...
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16th May
Practice notes
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]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]ARCHIVED: This Practice Note has been archived and is not maintained. This Practice...
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16th May
Practice notes
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 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]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 onwardsTHIS PRACTICE NOTE ONLY CONTAINS...
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16th May
Practice notes
PI & Clinical Negligence horizon scanner—December 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—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]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 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]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice...
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Produced in partnership with Andrew Wilson 16th May
Practice notes
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]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note...
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16th May
Practice notes
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 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

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