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Latest PI & Clinical Negligence News

Claimant recovers damages from MIB 24 years after accident—settlement approved, but amount to remain confidential (Johnson v Secretary of State for Transport and MIB)

Claimant recovers damages from MIB 24 years after accident—settlement approved, but amount to remain confidential (Johnson v Secretary of State for Transport and MIB)

Claimant recovers damages from MIB 24 years after accident—settlement approved, but amount to remain confidential (Johnson v Secretary of State for Transport and MIB)

CPR Committee annual open meeting—14 May 2021

CPR Committee annual open meeting—14 May 2021

The following Construction news provides comprehensive and up to date legal information on CPR Committee annual open meeting—14 May 2021

PI & Clinical Negligence weekly highlights—13 May 2021

PI & Clinical Negligence weekly highlights—13 May 2021

The following PI & Clinical Negligence news provides comprehensive and up to date legal information on PI & Clinical Negligence weekly highlights—13 May 2021

Inexcusable delay giving judgment, dishonest assistance and dual vicarious liability (Natwest Markets plc v Bilta UK Ltd (In liquidation))

Inexcusable delay giving judgment, dishonest assistance and dual vicarious liability (Natwest Markets plc v Bilta UK Ltd (In liquidation))

The following Dispute Resolution news provides comprehensive and up to date legal information on Inexcusable delay giving judgment, dishonest assistance and dual vicarious liability (Natwest Markets plc v Bilta UK Ltd (In liquidation))

Featured PI & Clinical Negligence content

Claims for lost years

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...

Fixed costs in road traffic accident claims

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)...

Drafting counter schedules of loss in PI and clinical negligence claims

Drafting counter schedules of loss in PI and clinical negligence claims

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...

Applying for an interim payment order in personal injury claims

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...

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,...
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Produced in partnership with Andrew Wilson 12th Jan
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...
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9th Nov
Practice notes

Misfeasance in public office

The tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only available against public...
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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...
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9th Nov
Practice notes

Interest on general damages, special damages and judgment debt

Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...
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9th Nov
Precedents

Claim against a defendant driver’s insurers holding them liable under section 151 of the Road Traffic Act 1988

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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9th Nov
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...
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Produced in partnership with Andrew Wilson 12th Jan
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...
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Produced in partnership with Ian Huckstepp of IRH Solicitors 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...
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9th Nov
Practice notes

Motor insurance

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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9th Nov
Practice notes

Catastrophic injury claims—heads of claim

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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Produced in partnership with Andrew Wilson 12th Jan
Practice notes

Was the damage foreseeable?

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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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...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes

Smith v Manchester awards

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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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...
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9th Nov
Practice notes

False imprisonment

LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public...
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Produced in partnership with Greg Ó Ceallaigh of Garden Court Chambers 12th Jan

Most recent PI and clinical negligence developments content

Practice notes

Fixed costs in employer liability and public liability claims

Fixed costs in employer liability and public liability claimsPre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public...
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16th May
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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16th May
tag iconCOVID-19
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) ClaimsThe Pre-Action Protocol for Low Value Personal...
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16th May
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 May
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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16th May
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 16th May
Practice notes

The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents—30 April 2013 onwards

The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents—30 April 2013 onwardsTHIS PRACTICE NOTE ONLY CONTAINS...
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16th May
Practice notes

ATE insurance premiums, CFAs, mesothelioma and clinical negligence claims—the Jackson reforms [Archived]

ATE insurance premiums, CFAs, mesothelioma and clinical negligence claims—the Jackson reforms [Archived]Position pre-1 April 2013ARCHIVED:...
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16th May
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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16th May
Practice notes

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

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...
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Produced in partnership with Andrew Wilson 16th May
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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16th May
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...
Read More >
Produced in partnership with Andrew Wilson 16th May
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...
Read More >
16th May
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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16th May
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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16th May
Practice notes

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

The pre-action personal injury protocol—pre-6 April 2015 [Archived]THIS PRACTICE NOTE DEALS WITH PROVISIONS EFFECTIVE FROM 1 APRIL 2013. FOR CLAIM...
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16th 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...
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16th May
Practice notes

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

RTA, EL/PL and Package Travel protocols—consequential amendments to Part 36 offers to settleThis Practice Note only contains provisions effective from...
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16th May
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...
Read More >
Produced in partnership with Sue Brown 16th May
Practice notes

The Pre-Action Protocol for Personal Injury Claims—6 April 2015 onwards

The Pre-Action Protocol for Personal Injury Claims—6 April 2015 onwardsTHIS PRE-ACTION PROTOCOL CAME INTO FORCE ON 6 APRIL 2015. To view a copy of the...
Read More >
16th May

Popular documents

Forming enforceable contracts—consideration

Forming enforceable contracts—consideration

This Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A promise will only be capable of being contractually enforced if it is either made in a deed or made in exchange for something of value, known as

Rescission of a contract

Rescission of a contract

What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of

Scrip dividends

Scrip dividends

Dividends involve a distribution of cash or a distribution of non-cash assets (known as a distribution in kind or a distribution in specie).A scrip dividend (in a tax context, sometimes referred to as a stock dividend) allows a shareholder to receive new shares in a company as an alternative to a

The doctrine of res judicata

The doctrine of res judicata

What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by