Discover essential insights and comprehensive analysis on the intricacies of limitation periods, crucial for navigating PI and clinical negligence cases. Equip yourself with practical guidance to ensure timely actions and safeguard your clients' claims. Your go-to resource for staying abreast of critical deadlines and mitigating risks in your practice.
PI & Clinical Negligence analysis: The court permitted a practice nurse, a defendant in a clinical negligence claim, to withdraw admissions of breach...
Dispute Resolution analysis: Senior Costs Judge Rowley, in his second judgment in this case, undertook an assessment of expert medical agency fees...
PI & Clinical Negligence analysis: When a party wants to rely on surveillance footage under CPR 32.1, the court will generally permit reliance on such...
The Ministry of Justice (MoJ) has published a thematic report on digitalisation as part of the overarching HM Courts and Tribunals Service (HMCTS)...
False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made...
The employer’s duty of careThis Practice Note considers the scope of an employer’s common law duty to ensure the safety of their employees with...
Duty of care and breach in clinical negligence claimsThe duty of careA medical practitioner owes a duty of care to their patient. This duty is to take...
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...
Date of knowledge—section 14 of the Limitation Act 1980Actual or constructiveDate of knowledge, defined by section 14 of the Limitation Act 1980 (LA 1980), is in fact a slightly misleading expression because it can arise when a claimant has actual knowledge of the necessary elements of the tort or
The court’s power to extend the time limit—section 33 of the Limitation Act 1980The power to disapply the primary limitation periodWhen dealing with personal injury claims that fall within LA 1980, s 11, the court has a discretion to disapply the primary limitation period even though a claim has not
Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid
Strike out—making an application to strike out a statement of caseA strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order being made following a party's application.Making an application
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