Litigation

View PI & Clinical Negligence by content type:

Latest PI & Clinical Negligence News

Featured PI & Clinical Negligence content

Practice notes
Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...
Read More >
9th Nov
Practice notes
General principlesAs a general rule, a claimant must give credit for any financial gains they make that they have received as a result of their...
Read More >
9th Nov
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
Produced in partnership with Andrew Wilson 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...
Read More >
Produced in partnership with Andrew Wilson 12th Jan
Precedents
Brexit: The UK’s departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
Read More >
9th Nov
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...
Read More >
9th Nov
Practice notes
Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...
Read More >
9th Nov
Practice notes
The tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only available against public...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
Produced in partnership with Louise Thomson 12th Jan

Most recent Litigation content

Practice notes
This Practice Note gives guidance on remote hearings, via video-conference and telephone. It covers relevant CPR provisions and related guidance, as...
Read More >
21st Jan
Practice notes
This Practice Note provides practical tips on drafting a defence to a claim. Guidance is given on attacking any deficiencies in the particulars of...
Read More >
Produced in partnership with Ian Seymour and Jenny Raymond of Harrison Clark Rickerbys 20th Jan
Practice notes
If the case is proceedings in the Capped Costs List or the defendant would like it to proceed in that list, this Practice Note should be read in...
Read More >
Produced in partnership with Ian Seymour and Jenny Raymond of Harrison Clark Rickerbys 20th Jan
Practice notes
Coronavirus (COVID-19)The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
Read More >
20th Jan
Practice notes
This Practice Note deals with a pilot scheme to test a procedure to enable legal representatives to file and issue County Court money claims...
Read More >
20th Jan
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
Read More >
20th Jan
Practice notes
High Court or the County Court?Whether to start your claim in the High Court or the County Court is generally a question of the value of the claim....
Read More >
19th Jan
Practice notes
Legislative reforms, which took effect on 1 October 2015, established the right to collective redress for victims of anti-competitive behaviour,...
Read More >
Produced in partnership with Constantine Cannon LLP 19th Jan
Q&As
The rules governing small claimsCPR 27 deals with cases allocated to the small claims track and, to a large extent, it is entirely separate from the...
Read More >
Produced in partnership with James Tunley of Lamb Chambers 18th Jan
Q&As
If you wish to amend a statement of case, CPR Part 17 states that the court’s permission for an amendment is not required when the amended document...
Read More >
18th Jan
Q&As
For these purposes, we assume that the amendments are either:•with the court’s permission, or•without the court’s permission and that they have not...
Read More >
18th Jan
Q&As
The rules regarding amendments to statements of case (which includes a claim form, CPR 2.3(1)) are set out in CPR Part 17 and the accompanying...
Read More >
18th Jan
Q&As
In CPR 2.3(1), 'statement of case':‘(a) means a claim form, particulars of claim where these are not included in a claim form, defence, Part 20 claim,...
Read More >
18th Jan
Q&As
In conducting the research for this Q&A, we have focused on amending statements of case and on mistake in contract.Amending a statement of caseCPR...
Read More >
18th Jan
Q&As
Amending a statement of caseA party can amend its statement of case after it has been served:•with the written consent of all the parties (CPR...
Read More >
18th Jan
Q&As
Additional court feeFor information on the fee that is payable when starting a claim, see the Civil Proceedings Fees Order, SI 2008/1053 (as amended)...
Read More >
18th Jan

Popular documents