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Latest PI & Clinical Negligence News

Assessment of solicitor and client costs in low value personal injury claim (SGI v Karatysz)

The following Dispute Resolution news provides comprehensive and up to date legal information on Assessment of solicitor and client costs in low value personal injury claim (SGI v Karatysz)

Scope of duty in clinical negligence (Khan v Meadows)

The following Dispute Resolution news provides comprehensive and up to date legal information on Scope of duty in clinical negligence (Khan v Meadows)

Many injury claimants face limbo over whiplash confusion

The following Insurance & Reinsurance news provides comprehensive and up to date legal information on Many injury claimants face limbo over whiplash confusion

Effective cause terms and repudiation defences—effective courses? (EMFC v The Resort Group)

The following Banking & Finance news provides comprehensive and up to date legal information on Effective cause terms and repudiation defences—effective courses? (EMFC v The Resort Group)

Featured PI & Clinical Negligence content

Motor claims in the Portal—a practical guide (Stage 1)

Motor claims in the Portal—a practical guide (Stage 1)The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents—30 April...

Time limits under the Limitation Act 1980—personal injury claims

Time limits under the Limitation Act 1980—personal injury claimsThe Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits...

Is there any case law on an Article 75 insurer’s ability to avoid its liability to meet a judgment in circumstances where the claimant was travelling in a stolen vehicle? The claim made is not against the insurer of the vehicle the claimant was a passenger in but against another vehicle of which the insurers have Article 75 status.

Article 75 is an agreement between the Motor Insurers’ Bureau (the MIB) and its members under which the motor insurer will accept liability in certain...

Credit hire—an introduction

Credit hire—an introductionReplacement vehicles and hire generallyWhere a driver’s vehicle has suffered damage in an accident sufficient for it to...

Practice notes

Was the damage foreseeable?

Was the damage foreseeable?The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach...

19th May

Practice notes

What is fundamental dishonesty?

What is fundamental dishonesty?This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and...

19th May

Practice notes

The employer’s duty of care

The employer’s duty of careOverriding dutiesAt common law, an employer is under a duty to take reasonable care of the health and safety of its...

19th May

Practice notes

CRU certificates—recoverable benefits and lump sum payments

CRU certificates—recoverable benefits and lump sum paymentsSeparate legislation covers the recovery of NHS charges. For guidance on requesting and...

19th May

Practice notes

Product liability—claims in negligence

Product liability—claims in negligenceThe duty of careThe general principles of negligence apply, namely that the claimant has to establish that the...

19th May

Practice notes

Bringing a claim against a public authority in negligence—basis of duty

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...

19th May

Practice notes

Liability under the Animals Act 1971—all other animals

Liability under the Animals Act 1971—all other animalsAll animals except those that belong to a dangerous species (all non-dangerous animals) are...

19th May

Practice notes

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

The court’s power to extend the time limit—section 33 of the Limitation Act 1980The Limitation Act 1980 is referred to as LA 1980.The power to...

19th May

Practice notes

Drafting schedules of loss in PI and clinical negligence claims

Drafting schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the...

Produced in partnership with Louise Thomson 19th May

Q&As

Is there any guidance on what costs are payable in a claim which was initially submitted via the low value Ministry of Justice portal but it transpires that the value is in excess of the upper limit of £25,000? Can you exit the claim from the portal on grounds that it exceeds the upper value?

Is there any guidance on what costs are payable in a claim which was initially submitted via the low value Ministry of Justice portal but it...

19th May

Practice notes

Quantifying damages for the estate under the Law Reform Act

Quantifying damages for the estate under the Law Reform ActWhat can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act...

19th May

Practice notes

Damages in clinical negligence claims

Damages in clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...

Produced in partnership with Renée Wood 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 the claim was valued at over £1,000.

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...

19th May

Practice notes

Low Velocity Impact RTAs—in detail

Low Velocity Impact RTAs—in detailIntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and...

Produced in partnership with Andrew Wilson 19th May

Practice notes

Loss of congenial employment

Loss of congenial employmentNature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial...

19th May

Practice notes

Contributory negligence in road traffic accidents

Contributory negligence in road traffic accidentsIn some instances someone may suffer damage that results partly from their own fault and partly from...

19th May

Most recent Litigation content

Q&As

A key witness (factual and/or expert)/counsel/instructing solicitor is unable/unwilling to travel to and/or attend court due to the risk of coronavirus (COVID-19), what steps should we take?

A key witness (factual and/or expert)/counsel/instructing solicitor is unable/unwilling to travel to and/or attend court due to the risk of...

Produced in partnership with James Tunley of Lamb Chambers 11th Jun

COVID-19

Practice notes

Electronic bundles in civil proceedings

Electronic bundles in civil proceedingsEffective preparation of bundles is an essential element of a smooth, orderly hearing and something which...

Produced in partnership with Quinn Emanuel Urquhart & Sullivan UK LLP 11th Jun

COVID-19

Practice notes

Statements of truth

Statements of truthThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the...

11th Jun

Practice notes

Service of the claim form—service in the jurisdiction

Service of the claim form—service in the jurisdictionCoronavirus (Covid-19): The ability to serve a claim form within the requisite time period may be...

11th Jun

Practice notes

Adding (joinder) and substituting parties

Adding (joinder) and substituting partiesThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the...

11th Jun

Practice notes

Business and Property Courts

Business and Property CourtsCoronavirus (COVID-19)The guidance detailing normal practice set out in this Practice Note may be affected by measures...

11th Jun

Precedents

Precedent instructions or brief to counsel

Precedent instructions or brief to counsel[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert...

11th Jun

Precedents

Particulars of claim—contractual debt claim

Particulars of claim—contractual debt claimClaim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND...

11th Jun

COVID-19

Practice notes

Late Payment of Commercial Debts (Interest) Act 1998

Late Payment of Commercial Debts (Interest) Act 1998The Late Payment of Commercial Debts (Interest) Act 1998 (LPCD(I)A 1998, or the Act) creates...

11th Jun

In-house

Practice notes

Responding to a UK GDPR compensation claim—a practical guide

Responding to a UK GDPR compensation claim—a practical guideThis Practice Note provides guidance on how to respond to a UK GDPR claim pursuant to the...

10th Jun

Practice notes

Consent orders and judgments

Consent orders and judgmentsThis Practice Note gives guidance on what a consent order or a judgment is, when court approval is required to enter into...

10th Jun

COVID-19

Q&As

Where a contractual debt has been assigned, can a counterclaim be brought against the assignee for the contracting party’s breach?

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...

10th Jun

Practice notes

Business and Property Courts—shorter trials scheme

Business and Property Courts—shorter trials schemeThis Practice Note provides guidance on the interpretation and application of the relevant...

10th Jun

Practice notes

Judgments and orders—service, compliance, interpretation

Judgments and orders—service, compliance, interpretationThis Practice Note provides guidance on the interpretation and application of the relevant...

10th Jun

Practice notes

General civil restraint orders

General civil restraint ordersThis Practice Note should be read in conjunction with Practice Note: Civil restraint orders which deals with general...

8th Jun

Practice notes

Litigants in person—pre-action protocols, statements of case and CPR 36

Litigants in person—pre-action protocols, statements of case and CPR 36Note: the Master of the Rolls issued guidance in March 2013, entitled...

Produced in partnership with Phil Roberts of Clarke Willmott 8th Jun

Practice notes

Briefing counsel for trial

Briefing counsel for trialWhen to brief counselIf you have any doubts about whether you will have the time to prepare the case adequately for trial,...

8th Jun

Practice notes