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Latest PI & Clinical Negligence News

Supreme Court gives landmark judgment in coronavirus (COVID-19) business interruption test case (Financial Conduct Authority v Arch Insurance)

The following Commercial news provides comprehensive and up to date legal information on Supreme Court gives landmark judgment in coronavirus (COVID-19) business interruption test case (Financial Conduct Authority v Arch Insurance)

Civil Justice Council’s review of the pre-action protocols

The following Commercial news provides comprehensive and up to date legal information on Civil Justice Council’s review of the pre-action protocols

Restatement of the principles on abuse of process in circumstances not involving res judicata or issue estoppel (Pricewaterhousecoopers LLP v BTI 2014 LLC)

The following Dispute Resolution news provides comprehensive and up to date legal information on Restatement of the principles on abuse of process in circumstances not involving res judicata or issue estoppel (Pricewaterhousecoopers LLP v BTI 2014 LLC)

Court of Appeal sounds warning over inadequate pleadings in GLO litigation (Prudential Assurance v Commissioners for HM Revenue and Customs)

The following Dispute Resolution news provides comprehensive and up to date legal information on Court of Appeal sounds warning over inadequate pleadings in GLO litigation (Prudential Assurance v Commissioners for HM Revenue and Customs)

Featured PI & Clinical Negligence content

False imprisonment

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

Pain, suffering and loss of amenity

Valuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of the loss of an arm or of the sense...

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...

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...

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

CRU certificates—recoverable benefits and lump sum payments

Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...

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

Smith v Manchester awards

The nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability resulting from an injury,...

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

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

Catastrophic injury claims—heads of claim

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...

Produced in partnership with Andrew Wilson 12th Jan

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

Motor insurance

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

Interest on general damages, special damages and judgment debt

Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...

9th Nov

Practice notes

Misfeasance in public office

The tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only available against public...

9th Nov

Practice notes

Loss of congenial employment

Nature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial employment. This award relates...

9th Nov

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

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...

Produced in partnership with Louise Thomson 12th Jan

Practice notes

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...

9th Nov

Practice notes

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...

9th Nov

Most recent Pre-action content

Precedents

Medical records subject access request form

Note: The Retained General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) is applicable under UK law from the end of the...

Produced in partnership with David Robinson of Thompsons Solicitors 18th Jan

Practice notes

The pre-action protocol for the resolution of clinical disputes—6 April 2015 onwards

Coronavirus (Covid-19): The COVID-19 Clinical Negligence Protocol (2020) has been created to adapt clinical negligence claims handling and litigation...

18th Jan

Practice notes

Norwich Pharmacal orders—procedure for application

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

18th Jan

Practice notes

Pre-action behaviour in non-protocol cases (pre-6 April 2015) [Archived]

ARCHIVED: This Practice Note is for historical reference. It considers pre-action behaviour in non-protocol cases under the Practice...

18th Jan

Practice notes

Part 36 offers—pre-action costs recovery

Note: a revised CPR 36 came into force on 6 April 2015. Where appropriate this Practice Note differentiates between the pre- and post–6 April 2015...

Produced in partnership with David Juckes of Hailsham Chambers 18th Jan

Practice notes

Norwich Pharmacal orders (NPOs)

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

18th Jan

Practice notes

Pre-action—costs recovery

Pre-action costs—what are they?Prior to the commencement of litigation, parties may incur considerable costs for example:•taking detailed instructions...

18th Jan

Practice notes

Use of confidential information in civil proceedings

This Practice Note looks at the status and use of confidential information in civil proceedings including what confidential information is, how to...

18th Jan

Practice notes

Pre-action disclosure—requirements and the courts' approach

This Practice Note identifies when it might be appropriate to make an application for pre-action disclosure under CPR 31.16. It also explains, by...

18th Jan

Practice notes

Non-compliance with pre-action provisions

This Practice Note considers when non-compliance with a pre-action protocol or the Practice Direction Pre-Action Conduct and Protocols may result in a...

18th Jan

Practice notes

Pre-action protocols and additional claims

For general information on the Practice Direction Pre-Action Conduct and Protocols, as well as the various pre-action protocols, see Practice...

18th Jan

Practice notes

Pre-action disclosure—the application

This Practice Note provides guidance on CPR 31.16 pre-action disclosure applications, where the applicant and respondent are likely to be parties to...

18th Jan

Practice notes

Pre-action behaviour in non-protocol cases—Practice Direction Pre-Action Conduct and Protocols

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

18th Jan

Practice notes

The Pre-Action Protocol for the Resolution of Clinical Disputes—pre-6 April 2015 [Archived]

Note: A new version of the protocol applies from 6 April 2015. For the post-6 April 2015 Pre-Action Protocol, see Practice Note: The pre-action...

Produced in partnership with Andrew Ritchie QC of 9 Gough Chambers 16th Jan

Practice notes

The pre-action protocol for low value road traffic accident claims—30 April 2013 onwards

THIS PRACTICE NOTE ONLY CONTAINS PROVISIONS EFFECTIVE AS AT 30 APRIL 2013 ONWARDSThe revised pre-action protocol for low value personal injury claims...

16th Jan

Practice notes

Motor claims in the Portal—a practical guide (Stage 2 onwards)

The pre-action protocol for low value road traffic accident claims—30 April 2013 onwardsTHIS PRACTICE NOTE ONLY CONTAINS PROVISIONS EFFECTIVE AS AT 30...

Produced in partnership with Sue Brown 16th Jan

Practice notes

The pre-action protocol for personal injury claims—6 April 2015 onwards

THIS PRE-ACTION PROTOCOL CAME INTO FORCE ON 6 APRIL 2015. To view a copy of The pre-action personal injury protocol—pre-6 April 2015, see Practice...

16th Jan

Practice notes

The pre-action protocol for low value personal injury (employers' liability and public liability) claims

The Pre-action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (the EL/PL protocol) applies to claims valued...

16th Jan

Practice notes

All Scotland Personal Injury Court ‘ASPIC’

The Court’s background and nameSection 41 of the Court Reforms (Scotland) Act 2014 (‘The Act’) gave to Scottish Ministers the power to provide, by...

Produced in partnership with Frank Hughes 16th Jan

Scottish Law

Practice notes

EL/PL claims in the portal—a practical guide (Stage 2 onwards)

This Practice Note aims to provide an overview of the Pre-action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability)...

Produced in partnership with Sue Brown 16th Jan