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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Practice notes
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 claimsElements of a fatal accident claimThere are two different elements to a fatal accident claim:•the Law Reform...
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30th May
Practice notes
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?The concept of foreseeability and remoteness in negligence claimsEven if the claimant proves:•that the defendant acted...
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30th May
Practice notes
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 victimsDefining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident...
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30th May
Practice notes
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
30th May
Practice notes
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 debtInterest on general damagesEntitlementA claimant is entitled to simple interest at a...
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30th May
Practice notes
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 checklistThe Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic...
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30th May
Practice notes
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
30th May
Practice notes
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?The essence of a defence of volenti non fit injuria (‘to a willing person, no injury is done’) is that...
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30th May
Practice notes
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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30th May

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