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PI and clinical negligence developments

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Latest PI & Clinical Negligence News

PI & Clinical Negligence weekly highlights—23 September 2021

PI & Clinical Negligence weekly highlights—23 September 2021

The following PI & Clinical Negligence news provides comprehensive and up to date legal information on PI & Clinical Negligence weekly highlights—23 September 2021

Did a settlement agreement preclude an application to strike out a second claim? (Farnham-Oliver v RM Educational Resources Ltd)

Did a settlement agreement preclude an application to strike out a second claim? (Farnham-Oliver v RM Educational Resources Ltd)

The following Dispute Resolution news provides comprehensive and up to date legal information on Did a settlement agreement preclude an application to strike out a second claim? (Farnham-Oliver v RM Educational Resources Ltd)

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)

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 PI and clinical negligence developments content

Precedents

Fee remission—Questionnaire

Fee remission—QuestionnaireIn order to apply for a fee remission in your case, please complete as much of this questionnaire as you can. Please...
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23rd Sep
Practice notes

Autonomous vehicles—key legal issues

Autonomous vehicles—key legal issuesThis Practice Note considers the following issues in relation to the development and use of autonomous and...
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Produced in partnership with Lucy McCormick of Henderson Chambers 21st Sep
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

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
Practice notes

Coronavirus (COVID-19) implications for PI and clinical negligence

Coronavirus (COVID-19) implications for PI and clinical negligenceThis Practice Note aims to cover procedural guidance and other points of interest...
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13th Sep
tag iconCOVID-19
Practice notes

Conditional fee agreements after 1 April 2013—personal injury and clinical negligence

Conditional fee agreements after 1 April 2013—personal injury and clinical negligenceThis Practice Note explains how the conditional fee regime...
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10th Sep
Practice notes

Fundamental dishonesty—case tracker

Fundamental dishonesty—case trackerThis case tracker considers case law to date on fundamental dishonesty particularly in the context of the court’s...
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10th Sep
Practice notes

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

The Pre-Action Protocol for Resolution of Package Travel Claims and fixed costs—7 May 2018 onwardsThe Pre-Action Protocol for Resolution of Package...
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9th Sep
Practice notes

Damages-based agreements—personal injury and clinical negligence

Damages-based agreements—personal injury and clinical negligenceThis Practice Note explains how the damages-based agreement (DBA) regime operates...
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3rd Sep
Practice notes

The Pre-Action Protocol for the Resolution of Clinical Disputes—6 April 2015 onwards

The Pre-Action Protocol for the Resolution of Clinical Disputes—6 April 2015 onwardsCoronavirus (COVID-19): The COVID-19 Clinical Negligence Protocol...
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1st Sep
Precedents

Letter explaining CFA—conditional fees from 1 April 2013—personal injury excluding diffuse mesothelioma

Letter explaining CFA—conditional fees from 1 April 2013—personal injury excluding diffuse mesotheliomaStandard CFA (success fee and costs insurance...
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31st Aug
Precedents

CFA risk assessment—personal injury and clinical negligence

CFA risk assessment—personal injury and clinical negligenceA: General informationMatter referenceClient nameDate of cause of actionType of claim, eg...
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31st Aug
Precedents

Letter explaining CFA—conditional fees from 1 April 2013—clinical negligence

Letter explaining CFA—conditional fees from 1 April 2013—clinical negligenceStandard CFA (success fee and costs insurance premium not recoverable...
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31st Aug
Precedents

Letter explaining DBA—personal injury and clinical negligence

Letter explaining DBA—personal injury and clinical negligenceStandard DBA (personal injury and clinical negligence)We have discussed various options...
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19th Aug
Precedents

Letter explaining CFA—conditional fees from 1 April 2013—diffuse mesothelioma excluding Diffuse Mesothelioma Payment scheme

Letter explaining CFA—conditional fees from 1 April 2013—diffuse mesothelioma excluding Diffuse Mesothelioma Payment schemeCFA in diffuse mesothelioma...
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19th Aug
Practice notes

Personal injury claims and the Criminal Justice and Courts Act

Personal injury claims and the Criminal Justice and Courts ActThe main aim of the Criminal Justice and Courts Act 2015 (CJCA 2015) is to make...
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15th Aug
Practice notes

Terminating retainers and transfer and variation of CFAs [Archived]

Terminating retainers and transfer and variation of CFAs [Archived]ARCHIVED: This Practice Note has been archived and is not maintained. For how the...
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Produced in partnership with Sue Brown 15th Aug
Practice notes

Part 36 offers in PI and clinical negligence claims

Part 36 offers in PI and clinical negligence claimsNote: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as...
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Produced in partnership with Andrew Wilson 15th Aug
Practice notes

Transfer of CFAs when law firms close, merge or change status [Archived]

Transfer of CFAs when law firms close, merge or change status [Archived]ARCHIVED: This Practice Note has been archived and is not maintained. See...
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Produced in partnership with Sue Brown 15th Aug

Popular documents

AML and counter-terrorist financing—source of funds and source of wealth

AML and counter-terrorist financing—source of funds and source of wealth

AML and counter-terrorist financing—source of funds and source of wealthSource of funds and wealth was a key focus of the SRA’s Preventing Money Laundering and Financing of Terrorism thematic review, published in March 2018. Its findings included that:•most firms understood the distinction between

United Nations Convention on the Law of the Sea (UNCLOS)—snapshot

United Nations Convention on the Law of the Sea (UNCLOS)—snapshot

United Nations Convention on the Law of the Sea (UNCLOS)—snapshotTitleUnited Nations Convention on the Law of the Sea (UNCLOS)Parties168Adopted10 December 1982Entry into Force16 November 1994Full textUnited Nations Convention on the Law of the SeaSubject [Catchwords]International Law of the

No deal Brexit—jurisdiction (UK and the Lugano Convention) [Archived]

No deal Brexit—jurisdiction (UK and the Lugano Convention) [Archived]

No deal Brexit—jurisdiction (UK and the Lugano Convention) [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note has been produced in partnership with Guy Pendell, Liz Williams and Kushal Gandhi of CMS.This Practice Note covers the situation where the UK

Negligence—when is the duty of care breached?

Negligence—when is the duty of care breached?

Negligence—when is the duty of care breached?Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and