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Latest PI & Clinical Negligence News

Additional parties joined to AA 1996, s 67 proceedings (Republic of Uganda v Rift Valley Railways (Uganda))

The following Arbitration news provides comprehensive and up to date legal information on Additional parties joined to AA 1996, s 67 proceedings (Republic of Uganda v Rift Valley Railways (Uganda))

Permission to serve a claim out of the jurisdiction is upheld (Lyle & Scott v American Eagle Outfitters)

The following Dispute Resolution news provides comprehensive and up to date legal information on Permission to serve a claim out of the jurisdiction is upheld (Lyle & Scott v American Eagle Outfitters)

Continued recognition of civil judgments between the UK and Norway

The following Commercial news provides comprehensive and up to date legal information on Continued recognition of civil judgments between the UK and Norway

What does IP completion day mean for the status of EU law in the UK?

The following Banking & Finance news provides comprehensive and up to date legal information on What does IP completion day mean for the status of EU law in the UK?

Featured PI & Clinical Negligence content

False imprisonment

LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public...

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...

Psychiatric injury—secondary victims

What is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...

Practice notes

CRU certificates—recoverable benefits and lump sum payments

Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...

9th Nov

Practice notes

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...

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 12th Jan

Practice notes

Motor insurance

Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...

9th Nov

Practice notes

Qualified one-way costs shifting (QOCS)—case tracker

This case tracker considers case law in relation to qualified one-way costs shifting (QOCS) in order to provide some guidance on how the courts are...

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 12th Jan

Precedents

Claim against a defendant driver’s insurers holding them liable under section 151 of the Road Traffic Act 1988

Brexit: The UK’s departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...

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

Future loss of earnings—personal injury claims

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25% from the previous level of minus 0.75%. The new...

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

Loss of congenial employment

Nature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial employment. This award relates...

9th Nov

Practice notes

Applying for an interim payment order in personal injury claims

Timing and procedureA claimant can apply for an interim payment order after the end of the period for filing an acknowledgment of service.See Practice...

Produced in partnership with Andrew Wilson 12th Jan

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 12th Jan

Practice notes

Fixed costs in road traffic accident claims

Pre-action protocol for low value personal injury claims in road traffic accidentsThe protocol applies to all road traffic accident (RTA)...

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 Q&As content

Q&As

A claimant makes a without prejudice offer to a defendant. The defendant has seven days to accept this. The defendant accepted the offer after two weeks. If the claimant is still happy to keep the offer on the table, how should the claimant reply to the defendant? If the claimant does not revert to the defendant at all, but is happy to keep the offer on the table, is there an agreement?

This Q&A assumes that the circumstances do not involve the making and acceptance of a Part 36 offer (for which different rules will apply).Without...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Jan

Q&As

Are UK courts and tribunals bound by decisions of the Court of Justice of the European Union post-Brexit?

As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State and its relationship with the EU is governed by the Withdrawal...

27th Jan

Brexit

Q&As

How can English courts apply or refer to a Court of Justice decision if the judgment is not published in English and therefore there is no Court of Justice approved judgment available in English?

At common law, foreign law is generally a matter of fact that must be proved by an expert witness (and where necessary a translator or interpreter)....

27th Jan

Brexit

Q&As

Is possible to enforce an English judgment in the US?

The first point to note is that the US is not a signatory to any convention or treaty in relation to the enforcement of foreign judgments. The...

26th Jan

Q&As

What is the process for out of jurisdiction court proceedings where a debtor now resides in Cyprus, and how can an English judgment be enforced there?

This Q&A considers the process for serving court proceedings issued in the courts of England and Wales out of the jurisdiction on a defendant in...

26th Jan

Q&As

Where a European Enforcement Order Certificate has been obtained in an EU Member State, how is this enforced against an individual in the UK?

The regulation referred to in this Q&A is Council Regulation (EC) No. 805/2004 creating a European Enforcement order for uncontested claims. This is...

26th Jan

Q&As

What is the process for enforcing an English personal guarantee against an individual domiciled in Holland?

This Q&A considers the process for enforcing a personal guarantee and does not set out considerations to be taken into account when determining...

26th Jan

Q&As

Can I enforce a judgment quickly in an EU Member State using an EEO?

The quick answer is yes.To enforce a judgment quickly, you will need to obtain a European Enforcement Order (EEO) certificate from the court in which...

26th Jan

Q&As

If both a claim and counterclaim are struck out by a judge due to the claimant’s default, is the defendant allowed to resurrect its counterclaim by issuing a new claim?

The court’s discretion to strike out a case as an abuse of process under CPR 3.4(2)(b) incorporates a number of different rules, including those that...

Produced in partnership with Ali Tabari of St Philips Chambers 25th Jan

Q&As

Can a person intervene in ongoing civil proceedings to which they are not currently a party or be added as an ‘interested party’ (outside the judicial review context) and what is the difference between these two concepts (intervenor/interested party)? How would such an application be made and how would the court manage the proceedings going forward (would the intervenor/interested party have rights to give evidence etc)? Also would there be any cost implications for the intervenor/interested party? What impact would this have on any judgment given by the court and would the judgment bind the intervenor/interested party?

The concepts of interested parties or interventions are most commonly found in judicial review proceedings (though intervenors are also common in...

25th Jan

Q&As

Can, and if so how, does a defendant stay a High Court claim, pending resolution of the recovery of costs of a Land Registry claim between the same parties, which was heard in the First-tier Tribunal and which was successful?

The court has the power to stay the whole or part of any proceedings or judgment either generally or until a specified date or event under CPR...

22nd Jan

Q&As

If a party wishes to vary an order for sale in respect of a property which it has taken possession of (because the order for sale is subject to a condition that the property be sold for a certain amount and it has transpired that this is in excess of the value), does the usual rule apply and the application should be served on the other side at least three days before the application hearing? Is it possible for the application to instead be made: i) without notice; and/or ii) on paper?

This Q&A considers the procedure which a party to an order must follow if it wishes to make an application to vary its terms. This response is...

22nd Jan

Q&As

Where an assured shorthold tenancy provides that a tenant pay the landlord’s costs incurred in connection with the recovery of rent arrears, what methods can a landlord use to recover costs incurred in serving a section 8 notice following arrears of rent (which were subsequently settled prior to proceedings being issued)?

It must first be ascertained that the costs recovery clause is sufficiently wide to encompass costs incurred in preparing and serving a section 8...

22nd Jan

Q&As

A personal injury award, subject to appeal post injured person’s death, has been made. What approach should be taken in valuing the award for inheritance tax (IHT) purposes and the completion of the IHT documents?

When an individual dies they are considered to have made a 'transfer of value' equal to the value of their estate immediately before death. This...

22nd Jan

Q&As

What test will a court apply in deciding whether to allow an amendment to a claim form?

The rules regarding amendments to statements of case (which includes a claim form, CPR 2.3(1)) are set out in CPR Part 17 and the accompanying...

18th Jan

Q&As

What provisions of the CPR and case law could be cited where a claimant opposes a defendant’s application to amend its defence, issue a counterclaim and vacate the trial, where the application was made two months before trial, is to be heard a month before trial and the defendant has previously breached every directions order and does not have a reasonable chance of success at trial?

Amending statement of caseA party can amend its statement of case, as defined in CPR 2.3(1):•at any time before it has been served on any other party...

18th Jan

Q&As

Does the list of common ground and issues form part of the pleaded case/statements of case?

In CPR 2.3(1), 'statement of case':‘(a) means a claim form, particulars of claim where these are not included in a claim form, defence, Part 20 claim,...

18th Jan

Q&As