The defendant and additional claims

View PI & Clinical Negligence by content type:

Latest PI & Clinical Negligence News

Featured PI & Clinical Negligence content

Practice notes
Smith v Manchester awardsThe nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability...
Read More >
19th May
Practice notes
Psychiatric injury—primary victimsDefining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident...
Read More >
19th May
Practice notes
Vicarious liability in the course of employment—the close connection testTo identify the circumstances in which a court may find an employer to be...
Read More >
Produced in partnership with Andrew Wilson 19th May
Practice notes
Product liability—claims in negligenceThe duty of careThe general principles of negligence apply, namely that the claimant has to establish that the...
Read More >
19th May
Practice notes
Bringing a claim against a public authority in negligence—basis of dutyWhen will a public authority owe a duty of care?The Supreme Court considered...
Read More >
19th May
Practice notes
Liability under the Animals Act 1971—all other animalsAll animals except those that belong to a dangerous species (all non-dangerous animals) are...
Read More >
19th May
Q&As
Section 152(1) of the Road Traffic Act 1988 (RTA 1988) states that no sum is payable by an insurer under RTA 1988, s 151 in respect of any judgment...
Read More >
Produced in partnership with David Sawtell of 39 Essex Chambers 19th May
Practice notes
Quantifying damages for the estate under the Law Reform ActWhat can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act...
Read More >
19th May
Precedents
[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT LOCATION] DISTRICT REGISTRY]Claim No:Between[Insert...
Read More >
19th May
Practice notes
Psychiatric injury—secondary victimsWhat is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the...
Read More >
Produced in partnership with Andrew Wilson 19th May
Q&As
What costs are payable on a matter which is in the MOJ portal but settles for less than £1,000? At the time that the matter was entered in the portal...
Read More >
19th May
Practice notes
Applying for an interim payment order in personal injury claimsTiming and procedureA claimant can apply for an interim payment order after the end of...
Read More >
Produced in partnership with Andrew Wilson 19th May
Practice notes
Loss of congenial employmentNature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial...
Read More >
19th May
Practice notes
Loss of pension—personal injury claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...
Read More >
19th May
Practice notes
Contributory negligence in road traffic accidentsIn some instances someone may suffer damage that results partly from their own fault and partly from...
Read More >
19th May
Practice notes
Fixed costs in road traffic accident claimsPre-Action Protocol for Low Value Personal Injury Claims in Road Traffic AccidentsThe protocol applies to...
Read More >
19th May

Most recent The defendant and additional claims content

Q&As
Where a contractual debt has been assigned, can a counterclaim be brought against the assignee for the contracting party’s breach?This Q&A uses the...
Read More >
10th Jun
Practice notes
Multiple tortfeasors—liability issues and contribution claimsThis Practice Note considers tortious liability issues where more than one party is...
Read More >
Produced in partnership with Kate Temple-Mabe of 7BR 8th Jun
Practice notes
Making an additional claim under CPR 20—contribution and indemnity claimsThis Practice Note provides guidance on the interpretation and application of...
Read More >
8th Jun
Precedents
Witness statement in support of the defendant’s application for permission to make an additional claim against a co-defendantFiled on behalf of the...
Read More >
8th Jun
Precedents
Witness statement in support of the defendant’s application for permission to make an additional claim against a third partyFiled on behalf of the...
Read More >
8th Jun
Q&As
Can a party be added to proceedings while a stay of those proceedings is in place, or would the stay need to be lifted for the court to consider an...
Read More >
Produced in partnership with Kayleigh Lindford of Clarke Willmott 7th Jun
Practice notes
Independent set-off and transaction set-offAlthough it commonly arises in the context of disputes, and therefore litigation, set-off is essentially a...
Read More >
7th Jun
Q&As
Can you raise a time-barred counterclaim?The effect of limitation periods on counterclaims is governed by section 35 of the Limitation Act 1980 (LA...
Read More >
Produced in partnership with Mr Tom Montagu-Smith, QC 6th Jun
Q&As
Can you assert an equitable set-off by way of cross-claim even where the other party disputes the validity of your cross-claim?A 'set-off' is where...
Read More >
5th Jun
Q&As
If a third party is added to proceedings as a part 20 defendant by the original defendant, is the third party automatically added as a party or does...
Read More >
5th Jun
Q&As
How do I serve a counterclaim on a second defendant who is out of the jurisdiction?What is a counterclaim?Counterclaims and other additional claims...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun
Q&As
Does a defendant require permission of the court to file a defence late (outside the agreed 28-day extension)?The general rule, set out in CPR 15.4(1)...
Read More >
5th Jun
Q&As
Is a judgment necessary in order to pursue a claim for contribution?Do you need a judgment to pursue a claim for a contribution?The fact that there...
Read More >
5th Jun
Q&As
What court fee(s) are payable when a claimant in small claims track proceedings (claim value of £5,500) wants to issue a CPR 20 claim against a new...
Read More >
5th Jun

Popular documents