Pre-action

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.

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Personal injury protocols Portal claims Pre-action disclosure/Norwich Pharmacal Pre-action: general

Latest PI & Clinical Negligence News

MoJ announces Court Funds Office interest rate reductions following BoE decision

MoJ announces Court Funds Office interest rate reductions following BoE decision
PI & Clinical Negligence weekly highlights—21 August 2025

PI & Clinical Negligence weekly highlights—21 August 2025

The following PI & Clinical Negligence news provides comprehensive and up to date legal information on PI & Clinical Negligence weekly highlights—21 August 2025

Four international arbitration trends to watch midyear report

Four international arbitration trends to watch midyear report

The following Arbitration news provides comprehensive and up to date legal information on Four international arbitration trends to watch midyear report

Foreign performers’ claims against the UK for failure to apply EU law on royalties potentially remain viable post-Brexit (AFM and SAG-AFTRA v The Secretary of State for Science, Innovation and Technology)

Foreign performers’ claims against the UK for failure to apply EU law on royalties potentially remain viable post-Brexit (AFM and SAG-AFTRA v The Secretary of State for Science, Innovation and Technology)

Foreign performers’ claims against the UK for failure to apply EU law on royalties potentially remain viable post-Brexit (AFM and SAG-AFTRA v The Secretary of State for Science, Innovation and Technology)

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...

The employer’s duty of care

The employer’s duty of care

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 claims

Duty of care and breach in clinical negligence claims

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 amenity (PSLA)

Pain, suffering and loss of amenity (PSLA)

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...

Practice notes

Contributory negligence in personal injury claims

Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences...
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30th May
Practice notes

Damages in fatal accident claims

Damages in fatal accident claimsElements of a fatal accident claimThere are two different elements to a fatal accident claim:•the Law Reform...
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2nd Jun
Practice notes

Psychiatric injury—establishing liability

Psychiatric injury—establishing liabilityLiability for psychiatric injury is dependent in part on the nature of the injuries suffered and the manner...
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30th May
Practice notes

Was the damage foreseeable?

Was the damage foreseeable?The concept of foreseeability and remoteness in negligence claimsEven if the claimant proves:•that the defendant acted...
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2nd Jun
Practice notes

Claims against the police

Claims against the policeIntroductionThe police force is a pure public authority (ie performs only public functions). Therefore, claims can be brought...
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30th May
Practice notes

Psychiatric injury—primary victims

Psychiatric injury—primary victimsDefining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident...
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2nd Jun
Practice notes

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

Vicarious liability in the course of employment—the close connection testThis Practice Notes considers the circumstances in which the court will hold...
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Produced in partnership with Andrew Wilson
2nd Jun
Practice notes

Misfeasance in public office

Misfeasance in public officeThe tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only...
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Produced in partnership with Laura Giachardi of 42 Bedford Row
30th May
Practice notes

Interest on general damages, special damages and judgment debt

Interest on general damages, special damages and judgment debtInterest on general damagesEntitlementA claimant is entitled to simple interest at a...
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2nd Jun
Practice notes

Claims against schools

Claims against schoolsClaims against schools by pupils can arise in a number of ways, including pupils:•being injured due to condition of...
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30th May
Checklists

The RTA small claims protocol—key features checklist

The RTA small claims protocol—key features checklistThe Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic...
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2nd Jun
Practice notes

Qualified one-way costs shifting (QOCS)

Qualified one-way costs shifting (QOCS)NOTE: the Civil Procedure (Amendment) Rules 2023, SI 2023/105, amended CPR 44.14 so that defendants can enforce...
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Produced in partnership with Samuel David of Anthony Gold Solicitors
2nd Jun
Practice notes

Psychiatric injury—secondary victims—case tracker

Psychiatric injury—secondary victims—case trackerA secondary victim is someone who has suffered psychiatric injury not by being directly involved in...
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30th May
Practice notes

Did the claimant consent to the risk of injury?

Did the claimant consent to the risk of injury?The essence of a defence of volenti non fit injuria (‘to a willing person, no injury is done’) is that...
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2nd Jun
Practice notes

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...
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2nd Jun
News

Personal injury claims against public authorities and the state—the armed forces

...
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2nd Jun

Popular documents

What is the difference between an appeal and a review?

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

Contributory negligence in personal injury claims

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

Can shares in a limited company that have not been paid-up at all be cancelled?

Can shares in a limited company that have not been paid-up at all be cancelled?A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an

Template for regulatory references given by SMCR firms and disclosure requirements

Template for regulatory references given by SMCR firms and disclosure requirements[Insert addressee details]Dear [insert name][It is our understanding that [insert name of prospective employee] [was an employee of yours between the dates of [insert dates as appropriate] OR is a current employee of