Key PI and clinical negligence developments

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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 costs reforms following the removal of a

Pain, suffering and loss of amenity

Valuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of the loss of an arm or of the sense

Past loss of earnings

Common issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For guidance on future loss

False imprisonment

LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public

Practice notes

Motor insurance

Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...

26th Oct

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...

Produced in partnership with Andrew Wilson 23rd Oct

Practice notes

CRU certificates—recoverable benefits and lump sum payments

Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...

9th Oct

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,...

2nd Oct

Practice notes

Personal injury experts

Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...

Produced in partnership with Ian Huckstepp of IRH Solicitors 1st Oct

Practice notes

Psychiatric injury—secondary victims

What is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...

26th Sep

Practice notes

Collateral benefits and double recovery

General principlesAs a general rule, a claimant must give credit for any financial gains they make that they have received as a result of their...

26th Sep

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...

26th Sep

Practice notes

Qualified one-way costs shifting (QOCS)—case tracker

This case tracker considers case law in relation to qualified one-way costs shifting (QOCS) in order to provide some guidance on how the courts are...

26th Sep

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...

26th Sep

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...

26th Sep

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...

26th Sep

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...

25th Sep

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...

25th Sep

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...

25th Sep

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...

25th Sep

Most recent Key PI and clinical negligence developments content

Practice notes

Briefing counsel for trial

When to brief counselIf you have any doubts about whether you will have the time to prepare the case adequately for trial, or whether you are...

25th Sep

Practice notes

No deal Brexit—applicable law

STOP PRESS: This Practice Note is under review to consider the impact of the UK and the EU entering into the Withdrawal Agreement. The Withdrawal...

25th Sep

Brexit

Practice notes

Discharge by frustration

Coronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19) toolkit—Contracts•Coronavirus...

25th Sep

COVID-19

In-house

Practice notes

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

Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering package holiday claims. For...

25th Sep

Practice notes

No deal Brexit—enforcement of judgments

STOP PRESS: This Practice Note is under review to consider the impact of the UK and the EU entering into the Withdrawal Agreement. The Withdrawal...

25th Sep

Brexit

Practice notes

How to terminate an agreement

IntroductionAs commercial lawyers, we are used to being instructed to advise in connection with the formation of a commercial relationship. Even if,...

25th Sep

COVID-19

In-house

Practice notes

Personal injury referral arrangements—SRA requirements

This Practice Note explains the Solicitors Regulation Authority’s (SRA’s) requirements regarding personal injury referral arrangements. It reflects...

25th Sep

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,...

Produced in partnership with Andrew Wilson 25th Sep

Practice notes

Forms of address for the judiciary

There are certain protocols that need to be followed when addressing members of the judiciary. These protocols apply both to communications by way of...

25th Sep

Practice notes

Personal injury referral arrangements—the statutory regime

This Practice Note explains the statutory regime underpinning the personal injury (PI) referral fee ban—the Legal Aid, Sentencing and Punishment of...

25th Sep

Practice notes

Fee remissions

IntroductionCourt and tribunal fees are, for many, prohibitively high. For those in the most straitened circumstances, fee remissions, now branded...

25th Sep

Practice notes

Your client and the court—regulatory requirements

This Practice Note explains the regulatory requirements imposed by the SRA in relation to litigation and advocacy, and provides guidance on the need...

25th Sep

Practice notes

Personal injury claims and the Criminal Justice and Courts Act

The main aim of the Criminal Justice and Courts Act 2015 (CJCA 2015) is to make provision about how offenders are dealt with before and after...

25th Sep

Practice notes

Judges

The judicial branchThe judicial branch of government in England and Wales operates independently of the executive and legislature, and contains the...

25th Sep

Practice notes

Minutes of the CPR Committee meeting of 6 February 2015 [Archived]

ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you...

26th Sep

Practice notes

CPR Committee open meeting—10 May 2019 [Archived]

IntroductionARCHIVED: This Practice Note has been archived and is not maintained. It considers the business of the CPR Committee (CPRC) meeting on 10...

26th Sep

Practice notes

Minutes of the CPR Committee meeting of 6 July 2012 [Archived]

ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you...

26th Sep

Practice notes

CPR changes—September and October 2013 [Archived]

ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you...

26th Sep

Practice notes

Minutes of the CPR Committee meeting of 15 June 2018 [Archived]

ARCHIVED: This archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you...

26th Sep

Practice notes

Minutes of the CPR Committee meeting of 9 March 2012 [Archived]

ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you...

26th Sep

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Key PI and clinical negligence developments

View PI & Clinical Negligence by content type:

Featured PI & Clinical Negligence content

Qualified one-way costs shifting (QOCS)

Pain, suffering and loss of amenity

Past loss of earnings

False imprisonment

Most recent Key PI and clinical negligence developments content

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