Pre-action: general

View PI & Clinical Negligence by content type:

Practice notes

Precedents

Q&As

Featured PI & Clinical Negligence content

Qualified one-way costs shifting (QOCS)

What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a...

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...

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...

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

Time limits under the Limitation Act 1980—personal injury claims

The Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits within which claimants are entitled to bring claims of various...

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 9th Nov

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

Was the damage foreseeable?

The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach of duty), and•that the...

9th Nov

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 9th Nov

Practice notes

Low Velocity Impact RTAs—in detail

IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...

Produced in partnership with Andrew Wilson 9th Nov

Practice notes

Personal injury experts

Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...

Produced in partnership with Ian Huckstepp of IRH Solicitors 9th Nov

Practice notes

Fraud, exaggeration and LVIs in personal injury claims

DefinitionsFraudDefined in Derry v Peek as where it is shown that:'a false representation has been made (1) knowingly, or (2) without belief in its...

Produced in partnership with Andrew Wilson 9th Nov

Practice notes

Claims under the Consumer Protection Act 1987

Brexit: As of exit day (11 pm on 31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the...

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

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 9th Nov

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 9th Nov

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: general content

Practice notes

Dispute resolution—data protection and GDPR considerations

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering data protection and...

Produced in partnership with Charlie Morgan (Senior Associate, Digital Law Lead (UK)) of Herbert Smith Freehills 24th Nov

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...

20th Nov

Precedents

Letter of instruction to own expert (with drafting notes)

Private & confidential[insert name and address of expert][insert date]Dear [insert name of expert][insert case heading]Instruction to act as...

4th Nov

Q&As

Where a borrower has defaulted on a loan and we intend to send a letter before action prior to issuing proceedings in circumstances where the claimant is a company, does the Pre-Action Protocol for Debt Claims apply?

When does the Pre-Action Protocol for Debt Claims applyAs of 1 October 2017, the Pre-Action Protocol for Debt Claims (the Protocol) applies to claims...

3rd Nov

Q&As

What should a defendant do where a claimant has (1) failed to comply with the relevant pre action protocol and (2) failed to provide the 'new' statement of truth in its particulars of claim? How should this be approached when pleading the defence and what would be an appropriate sanction to request in respect of the above?

Failure to comply with a pre-action protocolThe obligations of parties pre-action are set out in the Practice Direction Pre-Action Conduct and...

2nd Nov

Practice notes

Resolving a dispute—initial considerations

Pre-action protocols and Practice Direction Pre-Action Conduct and ProtocolsOnce you have a dispute to resolve (as opposed to an abstract question of...

2nd Nov

Precedents

Defendant’s response to a letter of claim

[ON YOUR FIRM’S LETTERHEAD][Insert name and address of the claimant’s solicitors, including any reference number/name of the responsible lawyer if...

2nd Nov

Practice notes

Responding to a letter of claim—a practical guide

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

28th Oct

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...

28th Oct

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...

26th Oct

Precedents

Letter of claim—following rescission of a contract for misrepresentation (fraudulent, negligent or innocent)

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR, IF KNOWN][ADDRESS LINE 1][ADDRESS...

Produced in partnership with Thomas Evans of Henderson Chambers 26th Oct

Precedents

Letter of claim—negligent misrepresentation

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [insert name of addressee][ADDRESS LINE 1][ADDRESS LINE 2][POSTCODE][DATE]Dear [insert...

Produced in partnership with Leigh Callaway of Fladgate 26th Oct

Precedents

Letter of claim—claim for money had and received

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF PROPOSED DEFENDANT’S SOLICITORS, IF ANY][ADDRESS LINE 1][ADDRESS LINE...

Produced in partnership with Lynne Counsell of 9 Stone Buildings 26th Oct

Precedents

Letter to enquiry agent

[insert name and address of enquiry agent][insert date]By email and by postDear [insert name of enquiry agent][insert case heading]I refer to our...

26th Oct

Precedents

Letter of claim—damages for continuing representation becoming false by alteration of circumstances

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR IF KNOWN][ADDRESS LINE 1][ADDRESS...

Produced in partnership with Lynne Counsell of 9 Stone Buildings 26th Oct

Precedents

Letter of claim—nuisance (chemical contamination)

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR IF KNOWN][ADDRESS LINE 1][ADDRESS...

Produced in partnership with Steven O'Sullivan 26th Oct

Precedents

Letter of claim—nuisance (flood)

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR IF KNOWN][ADDRESS LINE 1][ADDRESS...

Produced in partnership with Steven O'Sullivan 26th Oct

Precedents

Defendant’s acknowledgment of a letter of claim

[ON YOUR FIRM’S LETTERHEAD][Insert name and address of the claimant’s solicitors, including any reference number/name of the responsible lawyer if...

26th Oct

Precedents

Letter of claim—rescission and damages for fraudulent misrepresentation

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF PROPOSED DEFENDANT’S SOLICITORS, IF ANY][ADDRESS LINE 1][ADDRESS LINE...

Produced in partnership with Lynne Counsell of 9 Stone Buildings 26th Oct

Precedents