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Latest PI & Clinical Negligence News

Unfair prejudice—Court of Appeal consideration of application to strike out parts of a petition (Zedra Trust v The Hut Group)

The following Corporate news provides comprehensive and up to date legal information on Unfair prejudice—Court of Appeal consideration of application to strike out parts of a petition (Zedra Trust v The Hut Group)

HMCTS publishes guidance and FAQs for the Damages Claims pilot scheme (CPR PD 51ZB)

The following Dispute Resolution news provides comprehensive and up to date legal information on HMCTS publishes guidance and FAQs for the Damages Claims pilot scheme (CPR PD 51ZB)

Detailed assessment proceedings cannot be commenced by serving documents piecemeal (McMinn v Higson)

The following Dispute Resolution news provides comprehensive and up to date legal information on Detailed assessment proceedings cannot be commenced by serving documents piecemeal (McMinn v Higson)

PI & Clinical Negligence weekly highlights—17 June 2021

The following PI & Clinical Negligence news provides comprehensive and up to date legal information on PI & Clinical Negligence weekly highlights—17 June 2021

Featured PI & Clinical Negligence content

False imprisonment

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

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...

EL/PL claims in the portal—a practical guide (Stage 1)

EL/PL claims in the portal—a practical guide (Stage 1)This Practice Note provides an overview of the Pre-Action Protocol for Low Value Personal Injury...

Time limits under the Limitation Act 1980—personal injury claims

Time limits under the Limitation Act 1980—personal injury claimsThe Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits...

Practice notes

Was the damage foreseeable?

Was the damage foreseeable?The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach...

19th May

Practice notes

CRU certificates—recoverable benefits and lump sum payments

CRU certificates—recoverable benefits and lump sum paymentsSeparate legislation covers the recovery of NHS charges. For guidance on requesting and...

19th May

Practice notes

Future loss of earnings—personal injury claims

Future loss of earnings—personal injury claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor...

19th May

Practice notes

Vicarious liability in the course of employment—the close connection test

Vicarious liability in the course of employment—the close connection testTo identify the circumstances in which a court may find an employer to be...

Produced in partnership with Andrew Wilson 19th May

Practice notes

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...

19th May

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...

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...

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...

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...

Produced in partnership with Louise Thomson 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...

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...

19th May

Practice notes

Loss of congenial employment

Loss of congenial employmentNature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial...

19th May

Practice notes

Military claims

Military claimsBackgroundIt is helpful to put the law relating to military claims into historical context.Until 1987, section 10 of the Crown...

19th May

Practice notes

Loss of pension—personal injury claims

Loss of pension—personal injury claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...

19th May

Practice notes

Contributory negligence in road traffic accidents

Contributory negligence in road traffic accidentsIn some instances someone may suffer damage that results partly from their own fault and partly from...

19th May

Practice notes

Fixed costs in road traffic accident claims

Fixed costs in road traffic accident claimsPre-Action Protocol for Low Value Personal Injury Claims in Road Traffic AccidentsThe protocol applies to...

19th May

Most recent Horizon scanning content

Practice notes

PI & Clinical Negligence horizon scanner—December 2020 [Archived]

PI & Clinical Negligence horizon scanner—December 2020 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice...

5th Jun

Practice notes

PI & Clinical Negligence horizon scanner—June 2020 [Archived]

PI & Clinical Negligence horizon scanner—June 2020 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note...

5th Jun

Practice notes

PI & Clinical Negligence horizon scanner—August 2020 [Archived]

PI & Clinical Negligence horizon scanner—August 2020 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained. This Practice...

5th Jun

Practice notes

PI & Clinical Negligence horizon scanner—May 2021

PI & Clinical Negligence horizon scanner—May 2021This Practice Note is a summary of the key legal developments of relevance to personal injury and...

5th Jun

Practice notes

PI & Clinical Negligence horizon scanner—February 2021 [Archived]

PI & Clinical Negligence horizon scanner—February 2021 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice...

5th Jun

Practice notes