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.
The UK Parliament has progressed the Clinical Negligence Bill, a Private Members’ Bill introduced under the Ten-Minute Rule by Catherine McKinnell MP,...
Dispute Resolution analysis: The Court of Appeal has confirmed that paying the wrong court issue fee does not prevent a claim being 'brought' for the...
The UK Supreme Court has announced that its fees will increase from 1 April 2026 following recommendations from the Lord Chancellor. The increases...
Dispute Resolution analysis: The Court of Appeal has upheld the decision of a judge at first instance to stay an application for a third-party costs...
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
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
Glossary—Latin legal termsDespite attempts in recent years to simplify the language used in legal cases, there are still a number of Latin phrases commonly used in personal injury claims. The following Latin phrases are listed in alphabetical order:Latin
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