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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
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...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...
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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
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...
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9th Nov
Practice notes
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
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...
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9th Nov
Practice notes
Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...
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Produced in partnership with Ian Huckstepp of IRH Solicitors 12th Jan
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
Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...
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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
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: 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
Pre-action protocol for low value personal injury claims in road traffic accidentsThe protocol applies to all road traffic accident (RTA)...
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9th Nov
Practice notes
The Limitation Act 1980 is referred to as LA 1980.The power to disapply the primary limitation periodWhen dealing with personal injury claims that...
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9th Nov
Practice notes
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...
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9th Nov

Most recent Key PI and clinical negligence developments content

Practice notes
NOTE: due to length of this Practice Note it is adviseable not to print the Practice Note but to use ctrl+f to search its contents.The general...
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25th Jan
Practice notes
This Practice Note aims to assist dispute resolution practitioners seeking to understand the fast-moving changes to civil court processes and...
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25th Jan
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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25th Jan
Practice notes
This Practice Note should be read in conjunction with Practice Notes:•Case management—compliance•Relief from sanctions—the courts’ approach•Relief...
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25th Jan
Practice notes
This Practice Note aims to cover procedural guidance and other points of interest specifically relevant to PI and clinical negligence matters in...
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25th Jan
Practice notes
This Practice Note should be read in conjunction with:•Practice Notes: Making an application, Relief from sanctions—when (and when not) to use, Case...
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22nd Jan
Practice notes
ARCHIVED: This Practice Note covers the situation where the UK and the EU do not reach an agreement for the enforcement of judgments following the UK...
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Produced in partnership with Angharad Parry of 20 Essex Street 21st Jan
Practice notes
ARCHIVED: This Practice Note covers the situation where the UK and the EU do not reach an agreement for the service of documents following the UK...
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21st Jan
Practice notes
This Practice Note considers the rules of dealing with the recognition and enforcement of judgments as they will apply between the UK’s departure from...
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21st Jan
Practice notes
This Practice Note gives guidance on remote hearings, via video-conference and telephone. It covers relevant CPR provisions and related guidance, as...
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21st Jan
Practice notes
The UK Government’s policy of social distancing in order to slow the spread of coronavirus (COVID-19) has prompted temporary new working rules in...
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21st Jan
Practice notes
STOP PRESS: The decision of The Financial Conduct Authority v Arch Insurance and others, [2021] UKSC 1 was handed down on 15 January 2021. See:...
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20th Jan
Practice notes
This Practice Note should be read in conjunction with Practice Notes:•Coronavirus (COVID-19) implications for dispute resolution•Coronavirus...
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20th Jan
Practice notes
Coronavirus (COVID-19)The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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20th Jan
Practice notes
This Practice Note deals with a pilot scheme to test a procedure to enable legal representatives to file and issue County Court money claims...
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20th Jan
Practice notes
This Practice Note addresses the implications of the UK leaving the EU after the end of the implementation or transition period (IP completion day)....
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19th Jan
Practice notes
This Practice Note should be read in conjunction with Practice Notes:•Coronavirus (COVID-19) implications for dispute resolution•Coronavirus...
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19th Jan
Practice notes
Pilot schemes which are ongoingPilot schemeKey datesDetailsCPR PD 51Y—Video or audio hearings during coronavirus (COVID-19) pandemic 25 March 2020...
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19th Jan
Practice notes
Coronavirus (Covid-19): The COVID-19 Clinical Negligence Protocol (2020) has been created to adapt clinical negligence claims handling and litigation...
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18th Jan

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