Laying the groundwork effectively is paramount to a successful PI or clinical negligence claim. This topic provides you with essential guidance on pre-action protocols, enabling you to manage the initial stages with confidence and precision. Explore best practices, key procedural steps, and tactical considerations to ensure you're fully prepared before embarking on litigation.
HM Courts & Tribunals Service (HMCTS) has updated its MyHMCTS guidance for legal professionals on issuing damages claims online. The revised guidance...
This week’s edition of PI & Clinical Negligence weekly highlights includes an analysis of the consequences of Brexit for personal injury claims,...
PI & Clinical Negligence analysis: The UK exited the EU on 31 January 2020. In this article Sarah Prager KC examines the consequences of Brexit for...
Financial Services analysis: The Court of Appeal confirmed that large numbers of motor finance claims may proceed on omnibus claim forms where this is...
False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made...
The employer’s duty of careThis Practice Note considers the scope of an employer’s common law duty to ensure the safety of their employees with...
Duty of care and breach in clinical negligence claimsThe duty of careA medical practitioner owes a duty of care to their patient. This duty is to take...
Pain, suffering and loss of amenityValuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of...
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit
Strike out—making an application to strike out a statement of caseA strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order being made following a party's application.Making an application
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
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