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.
This week’s edition of PI & Clinical Negligence weekly highlights includes the Supreme Court’s ruling on when a group litigation order test case...
The Legal Services Board (LSB) has published its final report on a regulatory review of the advice and guidance issued by approved regulators and...
The UK Supreme Court (UKSC) and Judicial Committee of the Privy Council (JCPC) have launched an informal consultation on reducing the page limit for...
The Supreme Court has unanimously dismissed the appeal, holding that a court should exercise its discretion under CPR 19.23(1)(a) to disapply a group...
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...
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
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
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