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Latest PI & Clinical Negligence News

CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

The following Construction news provides comprehensive and up to date legal information on CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

Rectification, intimidation and justification in commercial fraud (GDS v NCR)

The following Commercial news provides comprehensive and up to date legal information on Rectification, intimidation and justification in commercial fraud (GDS v NCR)

Norwich Pharmacal order—application to cross examine on the disclosure affidavit (Stokoe Partnership v Grayson)

The following Dispute Resolution news provides comprehensive and up to date legal information on Norwich Pharmacal order—application to cross examine on the disclosure affidavit (Stokoe Partnership v Grayson)

Client’s retention of shares did not trigger liability to his lawyers under damages-based agreement, nor was he in breach of worldwide freezing order (Tonstate Group Ltd and others v Wojakovski and others)

Client’s retention of shares did not trigger liability to his lawyers under damages-based agreement, nor was he in breach of worldwide freezing order (Tonstate Group Ltd and others v Wojakovski and others)

Featured PI & Clinical Negligence content

Claims for lost years

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...

The court’s power to extend the time limit—section 33 of the Limitation Act 1980

The Limitation Act 1980 is referred to as LA 1980.The power to disapply the primary limitation periodWhen dealing with personal injury claims that...

Drafting counter schedules of loss in PI and clinical negligence claims

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...

Applying for an interim payment order in personal injury claims

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...

Practice notes

Part 36 offers in PI and clinical negligence claims

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,...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Claims under the Consumer Protection Act 1987

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...

9th Nov

Precedents

Claim against a defendant driver’s insurers holding them liable under section 151 of the Road Traffic Act 1988

Brexit: The UK’s departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...

9th Nov

Practice notes

Fraud, exaggeration and LVIs in personal injury claims

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...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Low Velocity Impact RTAs—in detail

IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Qualified one-way costs shifting (QOCS)—case tracker

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...

9th Nov

Practice notes

Vicarious liability in the course of employment—the close connection test

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...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Collateral benefits and double recovery

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...

9th Nov

Practice notes

Provisional damages

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...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Time limits under the Limitation Act 1980—personal injury claims

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...

9th Nov

Practice notes

Psychiatric injury—primary victims

Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...

9th Nov

Practice notes

Psychiatric injury—secondary victims

What is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

What is fundamental dishonesty?

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...

9th Nov

Practice notes

Past loss of earnings

Common issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For guidance on future loss...

9th Nov

Practice notes

Qualified one-way costs shifting (QOCS)

What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a...

9th Nov

Practice notes

False imprisonment

LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public...

Produced in partnership with Greg Ó Ceallaigh of Garden Court Chambers 12th Jan

Most recent Litigation content

Practice notes

Admissions

This Practice Note sets out when CPR 14, which deals with admissions, will and will not apply. It looks at when admissions can be made following...

7th May

Practice notes

Remote hearings in civil proceedings via video-conferencing and telephone

This Practice Note gives guidance on remote hearings, via video-conference and telephone. It covers relevant CPR provisions and related guidance, as...

7th May

COVID-19

Practice notes

Claim form—the contents

This Practice Note considers the current position and provides guidance on the interpretation and application of the relevant provisions of the CPR....

7th May

Practice notes

Claims against directors—key considerations for dispute resolution practitioners

This Practice Note outlines some of the key considerations when dealing with claims concerning company directors. It addresses the definition of a...

7th May

Practice notes

Tomlin orders

This Practice Note considers Tomlin orders, which are often used in settling litigation. A Tomlin order comprises a consent order and a schedule. It...

7th May

Q&As

Can a £10,000 court fee be refunded if the claim is discontinued before the claim form is served?

This Q&A assumes the reference is to the issue fee paid in accordance with Fee 1 in Schedule 1 to the Civil Proceedings Fees Order 2008 (CPFO 2008),...

7th May

Precedents

Litigation Cooperation Agreement

This Deed is made on [date]Parties1[name], of [address] [company number] (‘A Limited’)2[name], of [address] [company number] (‘B Limited’)together the...

Produced in partnership with Mark Surguy of Weightmans 6th May

Practice notes

Starting a UK GDPR compensation claim—a practical guide

This Practice Note provides guidance on pursuing a UK GDPR claim pursuant to the UK data regime in force and applying as from 11 pm on 31 December...

6th May

Practice notes

County Court Online pilot scheme—CPR PD 51S

This Practice Note deals with a pilot scheme to test a procedure to enable legal representatives to file and issue County Court money claims...

6th May

Practice notes

Part 18 requests for further information (CPR 18)

This Practice Note provides guidance on when to make a request for further information under CPR 18, the timing of the request, what information you...

6th May

In-house

Practice notes

Case management—compliance

What is compliance?Compliance refers to the parties’ need to comply with the court’s rules, practice directions and orders (CPR 1.1(2)(f) and CPR...

6th May

Practice notes

Discontinuance of a claim

What is 'discontinuance'?Discontinuance is the means by which a claimant can bring all or part of the proceedings it has instigated to an end.A...

6th May

Practice notes

TCC—preparing for and attending a pre-trial review (PTR)

Note:•this Practice Note gives specific guidance on matters proceeding in the Technology and Construction Court (TCC) under the provisions set out in...

6th May

Practice notes

County Court money claims—early stages progress up to allocation

This Practice Note should be read in conjunction with Practice Note: County Court money claims—how and where to issue.Note: for information on the...

6th May

Q&As

Where a claim form and particulars of claim issued via MCOL is served on the defendant at an incorrect address does the claimant need to amend the address on the claim form or is the claimant able to serve it on the defendant at the correct address without any amendment?

Issuing a claim via MCOLAs explained in CPR PD 7E, a claimant may request the issue of a claim form by completing and sending an online claim form and...

Produced in partnership with James Tunley of Lamb Chambers 6th May

Practice notes

County Court money claims—how and where to issue

Coronavirus (COVID-19)The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

6th May

Practice notes

CE-File—electronic filing and case management in the Rolls Building and other courts

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

5th May

COVID-19

Practice notes

CE-File—introduction to electronic filing in the Rolls Building and other courts

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

5th May

COVID-19

Practice notes

Instructing third parties—regulatory requirements 2011 [Archived]

This Practice Note explains the regulatory requirements that apply when you instruct an expert, barrister or other third party on your client’s...

5th May

Precedents

Tomlin order

Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify...

5th May