Limitation in PI & Clinical Negligence claims

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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 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
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
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
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
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
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
IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...
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Produced in partnership with Andrew Wilson 12th Jan
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
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
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
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 Louise Thomson 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 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 Limitation in PI & Clinical Negligence claims content

Practice notes
Limitation is almost always an issue in noise-induced hearing loss (NIHL) claims. The typical claimant is someone who was exposed to noise at work...
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Produced in partnership with Sue Brown 12th Apr
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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9th Apr
Practice notes
Persons under a disabilityClaimants under a disabilityFor the purposes of the Limitation Act 1980 (LA 1980) a claimant is under a disability while...
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9th Apr
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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Produced in partnership with Alex Rush of Stewarts Law 9th Apr
Practice notes
Brexit: The UK's departure from the EU has significant implications for practitioners considering applicable law and jurisdiction issues. For...
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Produced in partnership with Thomas Ogden of 4 New Square and Anneliese Day QC of Fountain Court Chambers 23rd Mar
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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19th Mar
Q&As
Limitation in noise-induced hearing loss claimsTinnitus can cause some confusion in considering limitation. For further guidance, see Practice Note:...
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18th Mar
Practice notes
Actual or constructiveDate of knowledge, defined by section 14 of the Limitation Act 1980 (LA 1980), is in fact a slightly misleading expression...
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18th Mar
Practice notes
Assessing the limitation dateOn instruction, limitation should be one of the first issues you consider. Although the general rule is relatively...
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18th Mar
Q&As
Where claims have started in the road traffic accident (RTA) portal, the relevant section of the RTA protocol is para 5.7, which states as...
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18th Mar
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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4th Mar
Practice notes
The Limitation Act 1980 is referred to as LA 1980.Accidents abroadPursuant to the Foreign Limitation Periods Act 1984 (FLPA 1984), where a court in...
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4th Mar
Q&As
The system for handling low value personal injury cases was introduced for motor claims on 30 April 2010. Its aim was to introduce a streamlined...
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3rd Mar
Q&As
The court has discretion as to whether costs are payable by one party to another, the amount of those costs and when they are to be paid.The court has...
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9th Feb
Q&As
The limitation period will not stop running automatically, however, section 33 of the Limitation Act 1980 (LA 1980) provides for a discretion for a...
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Produced in partnership with David Green of 12 King's Bench Walk 9th Feb

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