Key PI and clinical negligence developments

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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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26th Oct
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 23rd Oct
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 Oct
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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2nd Oct
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 1st Oct
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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26th Sep
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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26th Sep
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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26th Sep
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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26th Sep
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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26th Sep
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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26th Sep
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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26th Sep
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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25th Sep
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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25th Sep
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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25th Sep
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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25th Sep

Most recent Key PI and clinical negligence developments content

Practice notes
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...
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25th Sep
Practice notes
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...
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25th Sep
Practice notes
Coronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19) toolkit—Contracts•Coronavirus...
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25th Sep
Practice notes
Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering package holiday claims. For...
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25th Sep
Practice notes
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...
Read More >
25th Sep
Practice notes
IntroductionAs commercial lawyers, we are used to being instructed to advise in connection with the formation of a commercial relationship. Even if,...
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25th Sep
Practice notes
This Practice Note explains the Solicitors Regulation Authority’s (SRA’s) requirements regarding personal injury referral arrangements. It reflects...
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25th Sep
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 25th Sep
Practice notes
There are certain protocols that need to be followed when addressing members of the judiciary. These protocols apply both to communications by way of...
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25th Sep
Practice notes
This Practice Note explains the statutory regime underpinning the personal injury (PI) referral fee ban—the Legal Aid, Sentencing and Punishment of...
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25th Sep
Practice notes
IntroductionCourt and tribunal fees are, for many, prohibitively high. For those in the most straitened circumstances, fee remissions, now branded...
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25th Sep
Practice notes
This Practice Note explains the regulatory requirements imposed by the SRA in relation to litigation and advocacy, and provides guidance on the need...
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25th Sep
Practice notes
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...
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25th Sep
Practice notes
The judicial branchThe judicial branch of government in England and Wales operates independently of the executive and legislature, and contains the...
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25th Sep
Practice notes
ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you...
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26th Sep
Practice notes
IntroductionARCHIVED: This Practice Note has been archived and is not maintained. It considers the business of the CPR Committee (CPRC) meeting on 10...
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26th Sep
Practice notes
ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you...
Read More >
26th Sep
Practice notes
ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you...
Read More >
26th Sep
Practice notes
ARCHIVED: This archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you...
Read More >
26th Sep
Practice notes
ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you...
Read More >
26th Sep

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