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Practice notes
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...
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9th Nov
Practice notes
Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...
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9th Nov
Practice notes
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
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...
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9th Nov
Practice notes
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
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...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
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
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
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
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...
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9th Nov
Practice notes
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
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
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...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Pre-action protocol for low value personal injury claims in road traffic accidentsThe protocol applies to all road traffic accident (RTA)...
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9th Nov
Practice notes
The Limitation Act 1980 is referred to as LA 1980.The power to disapply the primary limitation periodWhen dealing with personal injury claims that...
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9th Nov
Practice notes
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...
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9th Nov

Most recent PI and clinical negligence developments content

Practice notes
Coronavirus (Covid-19): The COVID-19 Clinical Negligence Protocol (2020) has been created to adapt clinical negligence claims handling and litigation...
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18th Jan
Practice notes
This Practice Note is a summary of the key legal developments of relevance to personal injury and clinical negligence practitioners as of 16 December...
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16th Jan
Practice notes
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...
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Produced in partnership with Andrew Wilson 16th Jan
Practice notes
THIS PRACTICE NOTE ONLY CONTAINS PROVISIONS EFFECTIVE AS AT 30 APRIL 2013 ONWARDSThe revised pre-action protocol for low value personal injury claims...
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16th Jan
Practice notes
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...
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16th Jan
Practice notes
This Practice Note aims to cover procedural guidance and other points of interest specifically relevant to PI and clinical negligence matters in...
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16th Jan
Practice notes
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...
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16th Jan
Practice notes
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...
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16th Jan
Practice notes
The Pre-action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (the EL/PL protocol) applies to claims valued...
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16th Jan
Practice notes
ARCHIVED: This Practice Note is a summary of the key legal developments of relevance to personal injury and clinical negligence practitioners as of 20...
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16th Jan
Practice notes
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 16th Jan
Practice notes
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...
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16th Jan
Practice notes
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...
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16th Jan
Practice notes
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...
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16th Jan
Practice notes
This Practice Note explains the statutory regime underpinning the personal injury (PI) referral fee ban—the Legal Aid, Sentencing and Punishment of...
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15th Jan
Practice notes
This Practice Note explains the Solicitors Regulation Authority’s (SRA’s) requirements regarding personal injury referral arrangements. It reflects...
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15th Jan
Practice notes
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,...
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Produced in partnership with Hogan Lovells 13th Jan
Practice notes
This Practice Note explains how the damages-based agreement (DBA) regime operates including:•how DBAs work•the impact of the indemnity principle on...
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13th Jan
Practice notes
This Practice Note considers the following issues in relation to the development and use of autonomous and connected vehicles (also referred to as...
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Produced in partnership with Lucy McCormick of Henderson Chambers 12th Jan

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