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Latest PI & Clinical Negligence News

John Russell remains good law in relation to service out under Gateway 3 (ID v LU and BZ)

John Russell remains good law in relation to service out under Gateway 3 (ID v LU and BZ)

The following Dispute Resolution news provides comprehensive and up to date legal information on John Russell remains good law in relation to service out under Gateway 3 (ID v LU and BZ)

Queen’s Bench General, Media and Communications Information for court users

Queen’s Bench General, Media and Communications Information for court users

The following Dispute Resolution news provides comprehensive and up to date legal information on Queen’s Bench General, Media and Communications Information for court users

Queen’s Bench Masters Listing and Action Department Information for court users

Queen’s Bench Masters Listing and Action Department Information for court users

The following Dispute Resolution news provides comprehensive and up to date legal information on Queen’s Bench Masters Listing and Action Department Information for court users

Personal injury and the potential issues relating to the registration of cyclists and e-scooters

Personal injury and the potential issues relating to the registration of cyclists and e-scooters

The following PI & Clinical Negligence news provides comprehensive and up to date legal information on Personal injury and the potential issues relating to the registration of cyclists and e-scooters

Featured PI & Clinical Negligence content

False imprisonment

False imprisonment

False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made...

Past loss of earnings

Past loss of earnings

Past loss of earningsCommon issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For...

EL/PL claims in the portal—a practical guide (Stage 1)

EL/PL claims in the portal—a practical guide (Stage 1)

EL/PL claims in the portal—a practical guide (Stage 1)This Practice Note provides an overview of the Pre-Action Protocol for Low Value Personal Injury...

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.

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...

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...
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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...
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19th May
Practice notes

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

Vicarious liability in the course of employment—the close connection testTo identify the circumstances in which a court may find an employer to be...
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Produced in partnership with Andrew Wilson 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...
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19th May
Practice notes

Untraced drivers and the role of the MIB—for accidents occurring on or after 1 March 2017

Untraced drivers and the role of the MIB—for accidents occurring on or after 1 March 2017NOTE: For accidents after 1 March 2017 the Motor Insurers'...
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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...
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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...
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19th May
Q&As

We act for the defendant in a claim. The defendant defended the claim and brought a counterclaim against the claimant. The case proceeded to trial and judgment was given by the court in favour of the defendant for damages and a costs order was made in his favour pursuant to CPR 45.29G. The court order, however, also includes a provision that the sum ordered for costs is not to be enforced without permission of the court. Does the claimant's QOCS protection extend to cover the costs order made in the defendant's favour in respect of the costs of successfully bringing his counterclaim?

We act for the defendant in a claim. The defendant defended the claim and brought a counterclaim against the claimant. The case proceeded to trial and...
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Produced in partnership with David Green of 12 King's Bench Walk 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...
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19th May
Precedents

Schedule of special damages—serious injury multi track

[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT LOCATION] DISTRICT REGISTRY]Claim No:Between[Insert...
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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...
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Produced in partnership with Renée Wood 19th May
Practice notes

Psychiatric injury—secondary victims

Psychiatric injury—secondary victimsWhat is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the...
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Produced in partnership with Andrew Wilson 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...
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Produced in partnership with Andrew Wilson 19th May
Practice notes

Military claims

Military claimsBackgroundIt is helpful to put the law relating to military claims into historical context.Until 1987, section 10 of the Crown...
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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...
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19th May
Practice notes

Fixed costs in road traffic accident claims

Fixed costs in road traffic accident claimsPre-Action Protocol for Low Value Personal Injury Claims in Road Traffic AccidentsThe protocol applies to...
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19th May

Most recent Litigation content

Practice notes

Costs-only proceedings (Part 8)

Costs-only proceedings (Part 8)This Practice Note explains costs only proceedings which are brought as Part 8 claims and are used to obtain a court...
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22nd Jul
Practice notes

CE File—background to the electronic system in Chancery [Archived]

CE File—background to the electronic system in Chancery [Archived]ARCHIVED: this archived Practice Note is not maintained and is for background...
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22nd Jul
Practice notes

Where to start the claim

Where to start the claimHigh Court or the County Court?Whether to start your claim in the High Court or the County Court is generally a question of...
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22nd Jul
Precedents

Litigation Cooperation Agreement

Litigation Cooperation AgreementThis Deed is made on [date]Parties1[name], of [address] [company number] (‘A Limited’)2[name], of [address] [company...
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Produced in partnership with Mark Surguy of Weightmans 22nd Jul
Q&As

If an unincorporated association refuses to disclose its membership, who should be named as the defendant in proceedings where the limitation period is about to expire?

If an unincorporated association refuses to disclose its membership, who should be named as the defendant in proceedings where the limitation period...
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22nd Jul
Practice notes

Statements of truth

Statements of truthSTOP PRESS: This Practice Note is being reviewed in light of the 134th Practice Direction update, which makes changes to CPR PD 51R...
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20th Jul
Precedents

Tomlin order

Tomlin orderClaim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]...
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16th Jul
Practice notes

Certification of service of the claim form (CPR 6.17)

Certification of service of the claim form (CPR 6.17)This Practice Note provides guidance on the certificate of service of the claim form (Form N215)....
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16th Jul
Practice notes

Drafting the particulars of claim and reply

Drafting the particulars of claim and replyThis Practice Note provides guidance on the interpretation and application of the relevant provisions of...
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15th Jul
tag iconIn-house
Practice notes

Counterclaims and additional claims under CPR 20—initial considerations and permission

Counterclaims and additional claims under CPR 20—initial considerations and permissionThis Practice Note sets out when and how a defendant may bring a...
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15th Jul
Q&As

What can a claimant do if they have named an incorrect defendant in civil proceedings on the claim form?

What can a claimant do if they have named an incorrect defendant in civil proceedings on the claim form?We have assumed that the limitation period for...
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14th Jul
Q&As

How can a claimant remove a defendant in multi-party proceedings?

How can a claimant remove a defendant in multi-party proceedings?CPR 38.2(3) provides that where there is more than one defendant, the claimant may...
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14th Jul
Q&As

Does a party to proceedings have to notify the court that they have changed their name by deed poll and, if so, how is the court to be notified?

Does a party to proceedings have to notify the court that they have changed their name by deed poll and, if so, how is the court to be notified?It has...
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14th Jul
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 application to add a party to proceedings?

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...
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Produced in partnership with Kayleigh Lindford of Clarke Willmott 14th Jul
Q&As

Is there a rule in the Civil Procedure Rules or elsewhere that states that a litigant in person should not contact their legally represented opponent directly?

Is there a rule in the Civil Procedure Rules or elsewhere that states that a litigant in person should not contact their legally represented opponent...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 14th Jul
Q&As

What are the practical steps required to join a party to proceedings?

What are the practical steps required to join a party to proceedings?See Practice Note: Adding (joinder) and substituting parties, which gives...
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14th Jul
Q&As

Where a claimant is seeking to add a defendant(s) does the application notice for permission to add them need to be served on the proposed new defendants?

Where a claimant is seeking to add a defendant(s) does the application notice for permission to add them need to be served on the proposed new...
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Produced in partnership with Julia Dias QC of 7KBW 14th Jul
Q&As

Can a person intervene in ongoing civil proceedings to which they are not currently a party or be added as an ‘interested party’ (outside the judicial review context) and what is the difference between these two concepts (intervenor/interested party)? How would such an application be made and how would the court manage the proceedings going forward (would the intervenor/interested party have rights to give evidence etc)? Also would there be any cost implications for the intervenor/interested party? What impact would this have on any judgment given by the court and would the judgment bind the intervenor/interested party?

Can a person intervene in ongoing civil proceedings to which they are not currently a party or be added as an ‘interested party’ (outside the judicial...
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14th Jul
Practice notes

Drafting the defence—drafting tips

Drafting the defence—drafting tipsThis Practice Note provides practical tips on drafting a defence to a claim. Guidance is given on attacking any...
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Produced in partnership with Ian Seymour and Jenny Raymond of Harrison Clark Rickerbys 13th Jul
Practice notes

Part 18 requests for further information (CPR 18)

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,...
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13th Jul
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Popular documents

Report on title—long form

Report on title—long form

Property: [insert name and/or address of the Property] (‘Property’)Purchaser: [insert name, address and (if applicable) company registration number of buyer]Transaction: [insert brief details]1Executive summary1.1Scope of reportThis report is addressed to you [insert buyer’s name] and has been

Summary assessment—statement of costs

Summary assessment—statement of costs

Summary assessment—statement of costsSummary assessment is the procedure whereby costs are assessed by the judge who has heard the case or application (see Practice Note: Summary assessment). This Practice Note considers the use of a statement of costs in summary assessment. Form N260 is a model

Lease transactions toolkit (environmental issues)—Commercial Property Standard Enquiries and additional

Lease transactions toolkit (environmental issues)—Commercial Property Standard Enquiries and additional

Commercial Property Standard EnquiriesThe Commercial Property Standard Enquiries (CPSE) have become the industry standard pre-contract enquiries for commercial property transactions:•CPSE.1 (version 3.8) General pre-contract enquiries for all commercial property transactions•CPSE.2 (version 3.4)

Public inquiry procedure

Public inquiry procedure

Public inquiry procedureThe procedure by which a public inquiry is conducted will vary significantly from one inquiry to the next. Even for inquiries established under the Inquiries Act 2005 (IA 2005), the associated inquiry rules are not particularly prescriptive as to how they ought to be