PI and Clinical Negligence developments

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New starter guides

The following new starter guides are aimed at claimant and defendant paralegals, trainee solicitors and those who are starting out in PI or clinical negligence practice. They provide an introduction to the topic, factors to be aware of and a summary of the key steps in commencing, running and responding to a claim:

  1. •

    Personal Injury new starter guide—pre-action

  2. •

    Personal Injury new starter guide—procedure

  3. •

    Clinical negligence new starter guide

Pre-action protocols

See: Personal injury protocols—overview and Portal claims—overview.

Part 36 offers and Protocol offers

For guidance on the specific CPR 36 provisions in relation to personal injury and clinical negligence claims, see Practice Note: Part 36 offers in PI and clinical negligence claims.

For general guidance on CPR 36, see: Part 36 offers—overview.

There are specific provisions within CPR 36 which apply to offers to settle where the parties have followed the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents or the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability

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Latest PI & Clinical Negligence News

Event to mark the 25th anniversary of the Civil Procedure Rule Committee and to launch the work of the Online Procedure Rule Committee

On 16 July 2025, the Master of the Rolls and Lord Justice Birss gave speeches at an event hosted by the Ministry of Justice and The Law Society. The event marked the 25th anniversary of the Civil Procedure Rule Committee (CPRC) and launched the public engagement work carried out by the Online Procedure Rule Committee (OPRC).

When employment duties extend beyond the clock—employer liability and Sanderson orders (Pashamov v Taylor & another)

PI & Clinical Negligence analysis: A farm worker suffered serious injuries when he was struck by a car when crossing the road. The claimant had been travelling back from the field to his lodgings on a company bus and had left the bus to tell employees on the other side of the road to get on. The judge dismissed the claim against the car driver, but the worker succeeded against his employer. The judge held that he had been engaged in activities incidental to his employment. The judge made a Sanderson order against the employer. It was ordered to pay both the driver’s costs and the costs the claimant had incurred against the driver in turn. Written by David Juckes, barrister at Hailsham Chambers.

PI & Clinical Negligence weekly highlights—24 July 2025

This week’s edition of PI & Clinical Negligence weekly highlights includes the Civil Procedure (Amendment No 2) Rules 2025, SI 2025/893, which update procedures for the CE-File electronic case system. The NHS published its annual report and accounts for 2024/25, revealing that 83% of clinical compensation claims were resolved out of court, with over 11,000 settled via alternative dispute resolution. We take a look at silicosis claims, focusing on the risks of prolonged exposure to respirable crystalline silica (RCS) and employer liability. We also feature a recent High Court decision that found the claimant was responsible for his own injuries during a snowmobile accident. In addition, we have our usual round-up of other news, cases, webinars and New Law Journal articles of interest.

Transparency and Open Justice Board publishes finalised open justice objectives for courts

The Transparency and Open Justice Board has published its finalised Key Objectives in July 2025, following a consultation process initiated in December 2024. These objectives were approved at the Board’s meeting and the Board has concurrently issued its formal response to the engagement received. The next phase will involve all Courts and Tribunals evaluating their current practices against these objectives. Where practices fall short, institutions will be required to develop change programmes aimed at achieving compliance.

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