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Latest PI & Clinical Negligence News

Supreme Court gives landmark judgment in coronavirus (COVID-19) business interruption test case (Financial Conduct Authority v Arch Insurance)

The following Commercial news provides comprehensive and up to date legal information on Supreme Court gives landmark judgment in coronavirus (COVID-19) business interruption test case (Financial Conduct Authority v Arch Insurance)

Civil Justice Council’s review of the pre-action protocols

The following Commercial news provides comprehensive and up to date legal information on Civil Justice Council’s review of the pre-action protocols

Restatement of the principles on abuse of process in circumstances not involving res judicata or issue estoppel (Pricewaterhousecoopers LLP v BTI 2014 LLC)

The following Dispute Resolution news provides comprehensive and up to date legal information on Restatement of the principles on abuse of process in circumstances not involving res judicata or issue estoppel (Pricewaterhousecoopers LLP v BTI 2014 LLC)

Court of Appeal sounds warning over inadequate pleadings in GLO litigation (Prudential Assurance v Commissioners for HM Revenue and Customs)

The following Dispute Resolution news provides comprehensive and up to date legal information on Court of Appeal sounds warning over inadequate pleadings in GLO litigation (Prudential Assurance v Commissioners for HM Revenue and Customs)

Featured PI & Clinical Negligence content

False imprisonment

LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public...

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 costs reforms following the removal of a...

Pain, suffering and loss of amenity

Valuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of the loss of an arm or of the sense...

Past loss of earnings

Common issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For guidance on future loss...

Practice notes

What is fundamental dishonesty?

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...

9th Nov

Practice notes

CRU certificates—recoverable benefits and lump sum payments

Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...

9th Nov

Practice notes

Psychiatric injury—primary victims

Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...

9th Nov

Practice notes

Time limits under the Limitation Act 1980—personal injury claims

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...

9th Nov

Practice notes

Provisional damages

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...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

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

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...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

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

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...

9th Nov

Practice notes

Personal injury experts

Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...

Produced in partnership with Ian Huckstepp of IRH Solicitors 12th Jan

Practice notes

Fraud, exaggeration and LVIs in personal injury claims

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...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Claims under the Consumer Protection Act 1987

Brexit: As of exit day (11 pm on 31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the...

9th Nov

Practice notes

Future loss of earnings—personal injury claims

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...

9th Nov

Practice notes

Loss of congenial employment

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...

9th Nov

Practice notes

Applying for an interim payment order in personal injury claims

Timing and procedureA claimant can apply for an interim payment order after the end of the period for filing an acknowledgment of service.See Practice...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Fixed costs in road traffic accident claims

Pre-action protocol for low value personal injury claims in road traffic accidentsThe protocol applies to all road traffic accident (RTA)...

9th Nov

Practice notes

The court’s power to extend the time limit—section 33 of the Limitation Act 1980

The Limitation Act 1980 is referred to as LA 1980.The power to disapply the primary limitation periodWhen dealing with personal injury claims that...

9th Nov

Practice notes

Claims for lost years

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...

9th Nov

Most recent PI and clinical negligence developments content

Practice notes

The pre-action protocol for the resolution of clinical disputes—6 April 2015 onwards

Coronavirus (Covid-19): The COVID-19 Clinical Negligence Protocol (2020) has been created to adapt clinical negligence claims handling and litigation...

18th Jan

Practice notes

PI & Clinical Negligence horizon scanner—December 2020

This Practice Note is a summary of the key legal developments of relevance to personal injury and clinical negligence practitioners as of 16 December...

16th Jan

Practice notes

Part 36 offers in personal injury claims—pre-6 April 2015 [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note is for historical reference only as it explains Part 36 of the...

Produced in partnership with Andrew Wilson 16th Jan

Practice notes

The pre-action protocol for low value road traffic accident claims—30 April 2013 onwards

THIS PRACTICE NOTE ONLY CONTAINS PROVISIONS EFFECTIVE AS AT 30 APRIL 2013 ONWARDSThe revised pre-action protocol for low value personal injury claims...

16th Jan

Practice notes

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

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is a summary of the key legal developments of relevance to...

16th Jan

Practice notes

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

This Practice Note aims to cover procedural guidance and other points of interest specifically relevant to PI and clinical negligence matters in...

16th Jan

COVID-19

Practice notes

Personal injury claims and the Criminal Justice and Courts Act

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...

16th Jan

Practice notes

The pre-action protocol for personal injury claims—6 April 2015 onwards

THIS PRE-ACTION PROTOCOL CAME INTO FORCE ON 6 APRIL 2015. To view a copy of The pre-action personal injury protocol—pre-6 April 2015, see Practice...

16th Jan

Practice notes

The pre-action protocol for low value personal injury (employers' liability and public liability) claims

The Pre-action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (the EL/PL protocol) applies to claims valued...

16th Jan

Practice notes

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

ARCHIVED: This Practice Note is a summary of the key legal developments of relevance to personal injury and clinical negligence practitioners as of 20...

16th Jan

Practice notes

Part 36 offers in PI and clinical negligence claims

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,...

Produced in partnership with Andrew Wilson 16th Jan

Practice notes

RTA, EL/PL and Package Travel protocols—consequential amendments to Part 36 offers to settle

This Practice Note only contains provisions effective from 6 April 2015 onwards for claims which have followed the RTA or EL/PL Protocol and from 7...

16th Jan

Practice notes

The pre-action personal injury protocol—pre-6 April 2015 [Archived]

THIS PRACTICE NOTE DEALS WITH PROVISIONS EFFECTIVE FROM 1 APRIL 2013. FOR CLAIM NOTIFICATION FORMS SENT ON OR AFTER 6 APRIL 2015, PLEASE REFER TO THE...

16th Jan

Practice notes

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

ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note is a summary of the key legal developments of relevance to...

16th Jan

Practice notes

Personal injury referral arrangements—the statutory regime

This Practice Note explains the statutory regime underpinning the personal injury (PI) referral fee ban—the Legal Aid, Sentencing and Punishment of...

15th Jan

Practice notes

Personal injury referral arrangements—SRA requirements

This Practice Note explains the Solicitors Regulation Authority’s (SRA’s) requirements regarding personal injury referral arrangements. It reflects...

15th Jan

Q&As

How can a pre-action settlement in the sum of £700 (which was not made by way of Part 36 but was communicated and accepted in writing) be enforced? The defendant has failed to pay damages or costs. Should court proceedings be commenced under Part 7 or Part 8? Do you have any precedents?

How did the parties conclude their pre-action settlement?The parties will have entered into a contract by any of the following methods:•by executed...

15th Jan

Practice notes

Autonomous vehicles and insurance

This Practice Note considers the impact of Part 1 of the Automated and Electric Vehicles Act 2018 (AEVA 2018) on the UK’s motor insurance framework,...

Produced in partnership with Hogan Lovells 13th Jan

Practice notes

Damages-based agreements—personal injury and clinical negligence

This Practice Note explains how the damages-based agreement (DBA) regime operates including:•how DBAs work•the impact of the indemnity principle on...

13th Jan

Practice notes

Autonomous vehicles—key legal issues

This Practice Note considers the following issues in relation to the development and use of autonomous and connected vehicles (also referred to as...

Produced in partnership with Lucy McCormick of Henderson Chambers 12th Jan

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PI and clinical negligence developments

View PI & Clinical Negligence by content type:

Latest PI & Clinical Negligence News

Supreme Court gives landmark judgment in coronavirus (COVID-19) business interruption test case (Financial Conduct Authority v Arch Insurance)

Civil Justice Council’s review of the pre-action protocols

Restatement of the principles on abuse of process in circumstances not involving res judicata or issue estoppel (Pricewaterhousecoopers LLP v BTI 2014 LLC)

Court of Appeal sounds warning over inadequate pleadings in GLO litigation (Prudential Assurance v Commissioners for HM Revenue and Customs)

Featured PI & Clinical Negligence content

False imprisonment

Qualified one-way costs shifting (QOCS)

Pain, suffering and loss of amenity

Past loss of earnings

Most recent PI and clinical negligence developments content

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Fraud by false representation

Fiduciary Duties

Burden and standard of proof in criminal proceedings

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