Q&As

View PI & Clinical Negligence by content type:

News

Practice notes

Precedents

Q&As

Latest PI & Clinical Negligence News

Released unlawful means conspiracy claims struck out because of the terms of parties’ settlement agreement (Maranello Rosso Ltd v Lohomij BV and others)

The following Commercial news provides comprehensive and up to date legal information on Released unlawful means conspiracy claims struck out because of the terms of parties’ settlement agreement (Maranello Rosso Ltd v Lohomij BV and others)

PI & Clinical Negligence weekly highlights—16 September 2021

The following PI & Clinical Negligence news provides comprehensive and up to date legal information on PI & Clinical Negligence weekly highlights—16 September 2021

Coronavirus (COVID-19) PPE, CE conformity and the Sale of Goods Act 1979 (Local Boy’z Ltd v Malu NV)

The following Commercial news provides comprehensive and up to date legal information on Coronavirus (COVID-19) PPE, CE conformity and the Sale of Goods Act 1979 (Local Boy’z Ltd v Malu NV)

Who examines the examiners? (AB, Petitioner)

The following Corporate Crime news provides comprehensive and up to date legal information on Who examines the examiners? (AB, Petitioner)

Featured PI & Clinical Negligence content

False imprisonment

False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made...

Pain, suffering and loss of amenity

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...

Past loss of earnings

Past loss of earningsCommon issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For...

Interest on general damages, special damages and judgment debt

Interest on general damages, special damages and judgment debtInterest on general damagesEntitlementA claimant is entitled to simple interest at a...

Practice notes

Bringing a claim against a public authority in negligence—basis of duty

Bringing a claim against a public authority in negligence—basis of dutyWhen will a public authority owe a duty of care?The Supreme Court considered...

19th May

Practice notes

Untraced drivers and the role of the MIB—for accidents occurring on or after 1 March 2017

Untraced drivers and the role of the MIB—for accidents occurring on or after 1 March 2017NOTE: For accidents after 1 March 2017 the Motor Insurers'...

19th May

Practice notes

Liability under the Animals Act 1971—all other animals

Liability under the Animals Act 1971—all other animalsAll animals except those that belong to a dangerous species (all non-dangerous animals) are...

19th May

Practice notes

Fee remissions

Fee remissionsIntroductionCourt and tribunal fees are, for many, prohibitively high. For those in the most straitened circumstances, fee remissions,...

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 1980

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...

19th May

Practice notes

Drafting schedules of loss in PI and clinical negligence claims

Drafting schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the...

Produced in partnership with Louise Thomson 19th May

Q&As

In a road traffic accident claim where the claim is proceeding in the portal, does the section 152 notice need to be sent to the defendant’s insurers if you are issuing proceedings due to limitation approaching?

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...

Produced in partnership with David Sawtell of 39 Essex Chambers 19th May

Q&As

Is there any guidance on what costs are payable in a claim which was initially submitted via the low value Ministry of Justice portal but it transpires that the value is in excess of the upper limit of £25,000? Can you exit the claim from the portal on grounds that it exceeds the upper value?

Is there any guidance on what costs are payable in a claim which was initially submitted via the low value Ministry of Justice portal but it...

19th May

Q&As

We act for the defendant in a claim. The defendant defended the claim and brought a counterclaim against the claimant. The case proceeded to trial and judgment was given by the court in favour of the defendant for damages and a costs order was made in his favour pursuant to CPR 45.29G. The court order, however, also includes a provision that the sum ordered for costs is not to be enforced without permission of the court. Does the claimant's QOCS protection extend to cover the costs order made in the defendant's favour in respect of the costs of successfully bringing his counterclaim?

We act for the defendant in a claim. The defendant defended the claim and brought a counterclaim against the claimant. The case proceeded to trial and...

Produced in partnership with David Green of 12 King's Bench Walk 19th May

Practice notes

Uninsured drivers and the role of the MIB—for accidents occurring on or after 1 August 2015

Uninsured drivers and the role of the MIB—for accidents occurring on or after 1 August 2015NOTE: This Practice Note deals with the MIB Uninsured...

19th May

Practice notes

Quantifying damages for the estate under the Law Reform Act

Quantifying damages for the estate under the Law Reform ActWhat can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act...

19th May

Practice notes

Damages in clinical negligence claims

Damages in clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...

Produced in partnership with Renée Wood 19th May

Practice notes

Psychiatric injury—secondary victims

Psychiatric injury—secondary victimsWhat is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the...

Produced in partnership with Andrew Wilson 19th May

Precedents

Schedule of special damages—serious injury multi track

[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT LOCATION] DISTRICT REGISTRY]Claim No:Between[Insert...

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 the claim was valued at over £1,000.

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...

19th May

Practice notes

Drafting counter schedules of loss in PI and clinical negligence claims

Drafting counter schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount...

Produced in partnership with Louise Thomson 19th May

Most recent Q&As content

Q&As

In light of the Supreme Court decision in Cameron v LV, what is the correct procedure where the identity of the driver is disputed? Is there any case law on the reverse onus for burdens of proof if the individual is a named policyholder? Can they rely on their own failure to register as the vehicle keeper with the DVLA as prima facie evidence they were not the actual owners?

In light of the Supreme Court decision in Cameron v LV, what is the correct procedure where the identity of the driver is disputed? Is there any case...

16th Sep

Q&As

What step crystallises the date of service when serving out of the jurisdiction using CPR 6.40, eg the law of the foreign defendant?

What step crystallises the date of service when serving out of the jurisdiction using CPR 6.40, eg the law of the foreign defendant?The rules...

16th Sep

Q&As

If a crew member is injured while flying, what jurisdiction should the claim be brought in?

If a crew member is injured while flying, what jurisdiction should the claim be brought in?It has not been indicated in the above facts the...

Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 16th Sep

Q&As

Can Form N181 (directions questionnaire) be signed by way of electronic signature and, if so, will the court accept an electronic signature as valid?

Can Form N181 (directions questionnaire) be signed by way of electronic signature and, if so, will the court accept an electronic signature as...

15th Sep

Q&As

How do I activate a force majeure provision?

How do I activate a force majeure provision?There is no judicially accepted definition of the term ‘force majeure’, so what the parties mean by it...

Produced in partnership with Richard Nicholas of Browne Jacobson 15th Sep

COVID-19

Q&As

Can an agreement be terminated for frustration due to coronavirus (COVID-19)?

Can an agreement be terminated for frustration due to coronavirus (COVID-19)?What is the doctrine of frustration?If the contract does not include a...

15th Sep

COVID-19

Q&As

How does the disclosure pilot scheme (DPS) under CPR PD 51U impact on proceedings in the Technology and Construction Court?

How does the disclosure pilot scheme (DPS) under CPR PD 51U impact on proceedings in the Technology and Construction Court?This Q&A considers the...

Produced in partnership with Abdul Jinadu of Keating Chambers 15th Sep

Q&As

In proceedings subject to the disclosure pilot scheme under CPR PD 51U, should a court order made at the case management conference make specific reference to the points in sections 1b and 2 of the disclosure review document (DRD), or should the parties deal with disclosure in accordance with the details in these DRD sections?

In proceedings subject to the disclosure pilot scheme under CPR PD 51U, should a court order made at the case management conference make specific...

14th Sep

Q&As

CPR PD 51U provides for the court to make an order varying an order for extended disclosure, following an application by a party that is supported by a witness statement. Can the parties seek such a variation by consent and, if so, what would the process be?

CPR PD 51U provides for the court to make an order varying an order for extended disclosure, following an application by a party that is supported by...

14th Sep

Q&As

Does the disclosure pilot apply in the Queen’s Bench Division? Part of the QBD falls within the Business and Property Courts, and part of it does not—should this be considered on a case by case basis?

Does the disclosure pilot apply in the Queen’s Bench Division? Part of the QBD falls within the Business and Property Courts, and part of it does...

14th Sep

Q&As

In proceedings now subject to the disclosure pilot, statements of case were served in 2018 (ie before the disclosure pilot came into force). Therefore, initial disclosure did not take place within the meaning of CPR PD 51U, although documents have been disclosed in witness statements. In the disclosure certificate, none of the options apply to this scenario. How should the section on initial disclosure be completed?

In proceedings now subject to the disclosure pilot, statements of case were served in 2018 (ie before the disclosure pilot came into force)....

Produced in partnership with Oliver Hilton of Radcliffe Chambers 14th Sep

Q&As

What is the position on levying photocopying charges following a request for inspection from the other side under the disclosure pilot?

What is the position on levying photocopying charges following a request for inspection from the other side under the disclosure pilot?CPR PD 51U...

14th Sep

Q&As

Where original documents are emails, but these are then printed off so that they are filed in hard copies, does the disclosure list have to comply with CPR 31.10 or PD 31B? Inspection will not take place on an online or electronic platform; instead the hard copies will be provided.

Where original documents are emails, but these are then printed off so that they are filed in hard copies, does the disclosure list have to comply...

14th Sep

Q&As

Is a non-party to litigation under a duty to preserve documents when they have been asked to preserve documents by a party to litigation? What if the non-party acted as the agent on behalf of the party to the proceedings?

Is a non-party to litigation under a duty to preserve documents when they have been asked to preserve documents by a party to litigation? What if the...

14th Sep

Q&As

What are the sanctions in English law and arbitration for a party that has destroyed documentary evidence?

What are the sanctions in English law and arbitration for a party that has destroyed documentary evidence?Sanctions under English lawDisclosure under...

14th Sep

Q&As

What is the applicable rate of interest under the Late Payment of Commercial Debts (Interest) Act 1998 where interest runs over two six-month periods? Should a ‘blended’ rate of interest be applied over differing six-month periods?

What is the applicable rate of interest under the Late Payment of Commercial Debts (Interest) Act 1998 where interest runs over two six-month periods?...

13th Sep

Q&As

What is the effect of the clause: ‘[a reference to a ‘party’ includes that party’s personal representatives, successors and permitted assigns;]’?

What is the effect of the clause: ‘[a reference to a ‘party’ includes that party’s personal representatives, successors and permitted...

13th Sep

Q&As

Is a main contractor liable to the customer for the fraudulent actions of its sub-contractor in performing sub-contracted services to the customer?

Is a main contractor liable to the customer for the fraudulent actions of its sub-contractor in performing sub-contracted services to the...

13th Sep

Q&As

Can wasted time be claimed as damages?

Can wasted time be claimed as damages?When dealing with a claim for financial loss, a party may claim damages for wasted staff time if those staff...

13th Sep

Q&As

Where a seller is bringing proceedings against a supplier for faulty goods and anticipates further action from buyers in the future, should the seller seek a declaratory judgment for further proceedings for stock sold as well as damages for unsold stock?

Where a seller is bringing proceedings against a supplier for faulty goods and anticipates further action from buyers in the future, should the seller...

13th Sep

First
1
2
3
4
5
Last

Q&As

View PI & Clinical Negligence by content type:

Latest PI & Clinical Negligence News

Released unlawful means conspiracy claims struck out because of the terms of parties’ settlement agreement (Maranello Rosso Ltd v Lohomij BV and others)

PI & Clinical Negligence weekly highlights—16 September 2021

Coronavirus (COVID-19) PPE, CE conformity and the Sale of Goods Act 1979 (Local Boy’z Ltd v Malu NV)

Who examines the examiners? (AB, Petitioner)

Featured PI & Clinical Negligence content

False imprisonment

Pain, suffering and loss of amenity

Past loss of earnings

Interest on general damages, special damages and judgment debt

Most recent Q&As content

Popular documents

Liquidated damages in construction contracts

European Insurance and Occupational Pensions Authority (EIOPA)

Reserved judgments

Affray

Contact Us

Popular Links

Policies

Follow us