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Key PI and clinical negligence developments

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Latest PI & Clinical Negligence News

Further developments on vicarious liability in sexual abuse cases (Blackpool Football Club v DSN)

Further developments on vicarious liability in sexual abuse cases (Blackpool Football Club v DSN)

The following Dispute Resolution news provides comprehensive and up to date legal information on Further developments on vicarious liability in sexual abuse cases (Blackpool Football Club v DSN)

Released unlawful means conspiracy claims struck out because of the terms of parties’ settlement agreement (Maranello Rosso Ltd v Lohomij BV and others)

Released unlawful means conspiracy claims struck out because of the terms of parties’ settlement agreement (Maranello Rosso Ltd v Lohomij BV and others)

The following Commercial news provides comprehensive and up to date legal information on Released unlawful means conspiracy claims struck out because of the terms of parties’ settlement agreement (Maranello Rosso Ltd v Lohomij BV and others)

PI & Clinical Negligence weekly highlights—16 September 2021

PI & Clinical Negligence weekly highlights—16 September 2021

The following PI & Clinical Negligence news provides comprehensive and up to date legal information on PI & Clinical Negligence weekly highlights—16 September 2021

Coronavirus (COVID-19) PPE, CE conformity and the Sale of Goods Act 1979 (Local Boy’z Ltd v Malu NV)

Coronavirus (COVID-19) PPE, CE conformity and the Sale of Goods Act 1979 (Local Boy’z Ltd v Malu NV)

The following Commercial news provides comprehensive and up to date legal information on Coronavirus (COVID-19) PPE, CE conformity and the Sale of Goods Act 1979 (Local Boy’z Ltd v Malu NV)

Featured PI & Clinical Negligence content

False imprisonment

False imprisonment

False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made...

Pain, suffering and loss of amenity

Pain, suffering and loss of amenity

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...

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...

Interest on general damages, special damages and judgment debt

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...

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

Untraced drivers and the role of the MIB—for accidents occurring on or after 1 March 2017

Untraced drivers and the role of the MIB—for accidents occurring on or after 1 March 2017NOTE: For accidents after 1 March 2017 the Motor Insurers'...
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19th May
Practice notes

Liability under the Animals Act 1971—all other animals

Liability under the Animals Act 1971—all other animalsAll animals except those that belong to a dangerous species (all non-dangerous animals) are...
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19th May
Practice notes

Fee remissions

Fee remissionsIntroductionCourt and tribunal fees are, for many, prohibitively high. For those in the most straitened circumstances, fee remissions,...
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Produced in partnership with David Willink of Lamb Chambers 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
Practice notes

Drafting schedules of loss in PI and clinical negligence claims

Drafting schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the...
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Produced in partnership with Louise Thomson 19th May
Q&As

In a road traffic accident claim where the claim is proceeding in the portal, does the section 152 notice need to be sent to the defendant’s insurers if you are issuing proceedings due to limitation approaching?

Section 152(1) of the Road Traffic Act 1988 (RTA 1988) states that no sum is payable by an insurer under RTA 1988, s 151 in respect of any judgment...
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Produced in partnership with David Sawtell of 39 Essex Chambers 19th May
Q&As

Is there any guidance on what costs are payable in a claim which was initially submitted via the low value Ministry of Justice portal but it transpires that the value is in excess of the upper limit of £25,000? Can you exit the claim from the portal on grounds that it exceeds the upper value?

Is there any guidance on what costs are payable in a claim which was initially submitted via the low value Ministry of Justice portal but it...
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19th May
Q&As

We act for the defendant in a claim. The defendant defended the claim and brought a counterclaim against the claimant. The case proceeded to trial and judgment was given by the court in favour of the defendant for damages and a costs order was made in his favour pursuant to CPR 45.29G. The court order, however, also includes a provision that the sum ordered for costs is not to be enforced without permission of the court. Does the claimant's QOCS protection extend to cover the costs order made in the defendant's favour in respect of the costs of successfully bringing his counterclaim?

We act for the defendant in a claim. The defendant defended the claim and brought a counterclaim against the claimant. The case proceeded to trial and...
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Produced in partnership with David Green of 12 King's Bench Walk 19th May
Practice notes

Uninsured drivers and the role of the MIB—for accidents occurring on or after 1 August 2015

Uninsured drivers and the role of the MIB—for accidents occurring on or after 1 August 2015NOTE: This Practice Note deals with the MIB Uninsured...
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19th May
Practice notes

Quantifying damages for the estate under the Law Reform Act

Quantifying damages for the estate under the Law Reform ActWhat can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act...
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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
Practice notes

Psychiatric injury—secondary victims

Psychiatric injury—secondary victimsWhat is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the...
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Produced in partnership with Andrew Wilson 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
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

Drafting counter schedules of loss in PI and clinical negligence claims

Drafting counter schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount...
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Produced in partnership with Louise Thomson 19th May

Most recent Key PI and clinical negligence developments content

Practice notes

Contract disputes—key and illustrative decisions

Contract disputes—key and illustrative decisionsNOTE: due to length of this Practice Note it is adviseable not to print the Practice Note but to use...
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17th Sep
tag iconCOVID-19
Practice notes

Coronavirus (COVID-19) civil court specific guidance—dispute resolution

Coronavirus (COVID-19) civil court specific guidance—dispute resolutionThis Practice Note should be read in conjunction with Practice...
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17th Sep
tag iconCOVID-19
Practice notes

Online Civil Money Claims pilot scheme—CPR PD 51R

Online Civil Money Claims pilot scheme—CPR PD 51RThis Practice Note identifies a pilot scheme to test an online court environment in County Court...
Read More >
17th Sep
Practice notes

Dispute Resolution—judicial practice notes and guidance

Dispute Resolution—judicial practice notes and guidanceThis Practice Note contains current judicial Practice Notes and judicial guidance of interest...
Read More >
17th Sep
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 Sep
tag iconCOVID-19
Practice notes

Coronavirus (COVID-19) and tax—impact on tax appeals and tax tribunals

Coronavirus (COVID-19) and tax—impact on tax appeals and tax tribunalsAppeals and applications to the First-tier Tribunal and Upper Tribunal are both...
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16th Sep
tag iconCOVID-19
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 Sep
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 Sep
Practice notes

Brexit implementation period—considerations for PI & Clinical Negligence claims [Archived]

Brexit implementation period—considerations for PI & Clinical Negligence claims [Archived]ARCHIVED: This Practice Note has been archived and is not...
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16th Sep
tag iconBrexit
Practice notes

How to terminate an agreement

How to terminate an agreementTermination—contractual and common law rightsAs commercial lawyers, we are used to being instructed to advise in...
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15th Sep
tag iconCOVID-19 tag iconIn-house
Practice notes

CPR changes—November and December 2015 [Archived]

CPR changes—November and December 2015 [Archived]ARCHIVED: this archived Practice Note is not maintained and is for background information purposes...
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15th Sep
Practice notes

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

Qualified one-way costs shifting (QOCS)—case trackerThis case tracker considers case law in relation to qualified one-way costs shifting (QOCS) in...
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15th Sep
Practice notes

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...
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15th Sep
Precedents

Particulars of claim—contractual debt claim

Particulars of claim—contractual debt claimClaim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND...
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15th Sep
tag iconCOVID-19
Practice notes

Electronic working and CE-File—how to use CE-File

Electronic working and CE-File—how to use CE-FileThis Practice Note provides guidance on the interpretation and application of the relevant provisions...
Read More >
15th Sep
tag iconCOVID-19
Practice notes

Business and Property Courts

Business and Property CourtsCoronavirus (COVID-19)The guidance detailing normal practice set out in this Practice Note may be affected by measures...
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15th Sep
Practice notes

Electronic applications in the TCC CLCC [Archived]

Electronic applications in the TCC CLCC [Archived]ARCHIVED: This Practice Note has been archived and is not maintained. Throughout this Practice Note,...
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15th Sep
Practice notes

Coronavirus (COVID-19) civil court practice—FAQs

Coronavirus (COVID-19) civil court practice—FAQsThis Practice Note aims to assist dispute resolution practitioners trying to keep up-to-date with and...
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15th Sep
tag iconCOVID-19
Practice notes

CPR changes—June to October 2016 [Archived]

CPR changes—June to October 2016 [Archived]ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only....
Read More >
15th Sep
Practice notes

Electronic working and CE-File—when and where is CE-File applicable?

Electronic working and CE-File—when and where is CE-File applicable?This Practice Note provides guidance on the interpretation and application of the...
Read More >
15th Sep
tag iconCOVID-19

Popular documents

Summary assessment—statement of costs

Summary assessment—statement of costs

Summary assessment—statement of costsSummary assessment is the procedure whereby costs are assessed by the judge who has heard the case or application (see Practice Note: Summary assessment). This Practice Note considers the use of a statement of costs in summary assessment. Form N260 is a model

Indemnity costs orders—principles

Indemnity costs orders—principles

Indemnity costs orders—principlesThis Practice Note considers orders for costs determined on an indemnity basis (indemnity costs orders). A court may order that costs are assessed on an indemnity basis so that any doubt as to the costs claimed are resolved in favour of the receiving party. Compare

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the Landlord and Tenant Act 1954. They are intended to be used when completing the prescribed form under the Landlord and Tenant Act 1954, Part 2 (Notices)

Guide to using the Lexis®PSL Employment Schedule of Loss application

Guide to using the Lexis®PSL Employment Schedule of Loss application

Guide to using the Lexis®PSL Employment Schedule of Loss applicationThe automated unfair dismissal schedule of loss is designed to make the preparation of a schedule more efficient, accurate and also easier to update. It:•can be used to create a schedule for a claimant or a counter-schedule for a