Personal injury protocols

View PI & Clinical Negligence by content type:

Latest PI & Clinical Negligence News

Featured PI & Clinical Negligence content

Practice notes
Time limits under the Limitation Act 1980—personal injury claimsThe Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits...
Read More >
19th May
Practice notes
Was the damage foreseeable?The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach...
Read More >
19th May
Practice notes
What is fundamental dishonesty?This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and...
Read More >
19th May
Practice notes
CRU certificates—recoverable benefits and lump sum paymentsSeparate legislation covers the recovery of NHS charges. For guidance on requesting and...
Read More >
19th May
Practice notes
Future loss of earnings—personal injury claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor...
Read More >
19th May
Practice notes
Product liability—claims in negligenceThe duty of careThe general principles of negligence apply, namely that the claimant has to establish that the...
Read More >
19th May
Practice notes
Fee remissionsIntroductionCourt and tribunal fees are, for many, prohibitively high. For those in the most straitened circumstances, fee remissions,...
Read More >
Produced in partnership with David Willink of Lamb Chambers 19th May
Practice notes
The court’s power to extend the time limit—section 33 of the Limitation Act 1980The Limitation Act 1980 is referred to as LA 1980.The power to...
Read More >
19th May
Q&As
Section 152(1) of the Road Traffic Act 1988 (RTA 1988) states that no sum is payable by an insurer under RTA 1988, s 151 in respect of any judgment...
Read More >
Produced in partnership with David Sawtell of 39 Essex Chambers 19th May
Practice notes
Quantifying damages for the estate under the Law Reform ActWhat can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act...
Read More >
19th May
Q&As
What costs are payable on a matter which is in the MOJ portal but settles for less than £1,000? At the time that the matter was entered in the portal...
Read More >
19th May
Practice notes
Low Velocity Impact RTAs—in detailIntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and...
Read More >
Produced in partnership with Andrew Wilson 19th May
Practice notes
Loss of congenial employmentNature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial...
Read More >
19th May
Practice notes
Fixed costs in road traffic accident claimsPre-Action Protocol for Low Value Personal Injury Claims in Road Traffic AccidentsThe protocol applies to...
Read More >
19th May

Most recent Personal injury protocols content

Practice notes
The pre-action protocols and when they applyThis Practice Note provides guidance on the interpretation and application of the relevant provisions of...
Read More >
22nd Jul
Practice notes
Non-compliance with pre-action provisionsThis Practice Note considers when non-compliance with a pre-action protocol or the Practice Direction...
Read More >
22nd Jul
Practice notes
Fixed costs in road traffic accident claimsSTOP PRESS: A new RTA small claims protocol for whiplash claims comes into effect for accidents occurring...
Read More >
19th Jul
Practice notes
Rehabilitation Code 2015A third version of the Rehabilitation Code was published in September 2015 and became substantially operational on 1 December...
Read More >
14th Jul
Practice notes
Pre-action protocols and additional claimsFor general information on the Practice Direction Pre-Action Conduct and Protocols, as well as the various...
Read More >
14th Jul
Practice notes
The Pre-Action Protocol for the Resolution of Clinical Disputes—6 April 2015 onwardsCoronavirus (COVID-19): The COVID-19 Clinical Negligence Protocol...
Read More >
23rd Jun
Precedents
Medical records subject access request formNOTE: The United Kingdom General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) is...
Read More >
Produced in partnership with David Robinson of Thompsons Solicitors 22nd Jun
Practice notes
Fixed costs in employer liability and public liability claimsFixed costs under the Pre-Action Protocol for Low Value Personal Injury (Employers’...
Read More >
16th Jun
Practice notes
The Pre-Action Protocol for Resolution of Package Travel Claims and fixed costs—7 May 2018 onwardsThe Pre-Action Protocol for Resolution of Package...
Read More >
8th Jun
Q&As
If you have not responded to a head of loss claimed within the Portal, are you deemed to have admitted that head of loss?For the purposes of this Q&A,...
Read More >
Produced in partnership with Daniel Laking of 39 Essex Chambers 5th Jun
Q&As
In personal injury claims, where the award for damages falls under the £1,000 mark, does the claim fall out of the protocol and thus fixed costs...
Read More >
5th Jun
Q&As
Does the pre-action protocol for personal injury claims still have to be borne in mind when a case is worth over £25,000?Paragraph 2.2 of the...
Read More >
5th Jun
Q&As
What costs are payable on a matter which is in the MOJ portal but settles for less than £1,000? At the time that the matter was entered in the portal...
Read More >
5th Jun
Q&As
Should claims arising from defective products be submitted through the claims portal?There are two pre-action protocols which require claims within...
Read More >
Produced in partnership with Christi Scarborough of 42 Bedford Row 5th Jun
Q&As
Does the personal injury pre-action protocol regarding the instruction of an expert apply where the defendant has denied liability?Paragraphs 7.1–7.7...
Read More >
Produced in partnership with David Green of 12 King's Bench Walk 5th Jun
Q&As
What costs am I entitled to claim for a post-July 2013 RTA matter where, under the MoJ portal, damages will exceed £25000?We refer you to Practice...
Read More >
5th Jun
Q&As
Are medical agency fees recoverable in personal injury claims?The procedural steps in relation to obtaining medical evidence can be found in the...
Read More >
5th Jun

Popular documents