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Latest PI & Clinical Negligence News

CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

The following Construction news provides comprehensive and up to date legal information on CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

Rectification, intimidation and justification in commercial fraud (GDS v NCR)

The following Commercial news provides comprehensive and up to date legal information on Rectification, intimidation and justification in commercial fraud (GDS v NCR)

Norwich Pharmacal order—application to cross examine on the disclosure affidavit (Stokoe Partnership v Grayson)

The following Dispute Resolution news provides comprehensive and up to date legal information on Norwich Pharmacal order—application to cross examine on the disclosure affidavit (Stokoe Partnership v Grayson)

Client’s retention of shares did not trigger liability to his lawyers under damages-based agreement, nor was he in breach of worldwide freezing order (Tonstate Group Ltd and others v Wojakovski and others)

Client’s retention of shares did not trigger liability to his lawyers under damages-based agreement, nor was he in breach of worldwide freezing order (Tonstate Group Ltd and others v Wojakovski and others)

Featured PI & Clinical Negligence content

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)...

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...

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...

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,...

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

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

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

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

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

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

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

Catastrophic injury claims—heads of claim

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 Andrew Wilson 12th Jan

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

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

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

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

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...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

What is fundamental dishonesty?

This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and Courts Act 2015 (CJCA 2015) and the...

9th Nov

Practice notes

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...

9th Nov

Practice notes

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...

9th Nov

Most recent Q&As content

Q&As

Can a £10,000 court fee be refunded if the claim is discontinued before the claim form is served?

This Q&A assumes the reference is to the issue fee paid in accordance with Fee 1 in Schedule 1 to the Civil Proceedings Fees Order 2008 (CPFO 2008),...

7th May

Q&As

Does an infant approval hearing for a fast track personal injury claim attract the fixed costs for ‘hearing’ or is it as D has argued not a contested hearing and therefore not eligible for hearing costs? D has argued it is eligible for pre-allocation costs only as quantum was agreed at that stage. Is there any case law on this matter?

The rules for recovery of costs in fast track personal injury claims involving children, such that an infant approval hearing is required, are...

5th May

Q&As

In drafting Precedent agreements and orders, what is the difference between the effect of the following words, ie is there any one or more which denote a higher level of obligation (or are any of them considered to be more passive than the others): ‘will’ or ‘shall’ or ‘must’? Is there a recognised legal distinction?

There is potentially a difference between the use of the words ‘will,’ ’shall’ or ‘must’ but it depends on the context and the document as a...

Produced in partnership with Iqbal Mohammed of St Philips Chambers 4th May

Q&As

Where a tenant has a business lease protected by Part II of the Landlord and Tenant Act 1954, and also has a contractual option to renew, will the service of a section 26 request prevent the later exercise of the option?

A lease may contain an option to renew, giving the tenant the right to demand a further term on expiry of the existing one. An option to renew is...

28th Apr

Q&As

What is the authority for the proposition that knowledge of the presence of tinnitus in the absence of knowledge of hearing loss will not trigger a date of knowledge?

Limitation in noise-induced hearing loss claimsTinnitus can cause some confusion in considering limitation. For further guidance, see Practice Note:...

27th Apr

Q&As

In a claim where liability was admitted and a client received a £3,000 interim payment, is there any obligation for that interim payment to be repaid to the defendant's insurers in circumstances where the client is not proceeding? The client has not responded and I am preparing to close their file on that basis.

An interim payment is a payment made by a defendant on account of a claimant's monetary claim before the court has made a final determination on the...

27th Apr

Q&As

When calculating future loss of earnings, what happens if a self-employed person sells their business as they can no longer work? Does the lump sum received have to be set off against their claim (eg for loss of profits)?

Future loss of earnings for self-employed personsWhen the medical evidence demonstrates that the claimant is unlikely to work again, the court's task...

27th Apr

Q&As

Can a party restricted by CPR 3.14 still make a claim for costs up to the date of the Costs CMC?

The short answer is that a party cannot make a claim for costs up to the date of the CMC.Purpose of CPR 3.14The purpose of the provision in CPR 3.14...

26th Apr

Q&As

In the event of a no-deal Brexit, will claimants still have a direct right of action against motor insurers?

This question relates to the European Communities (Rights Against Insurers) Regulations 2002 (EC(RAI) Regs 2002), SI 2002/3061 legislation introduced...

Produced in partnership with Andrew Wilson 22nd Apr

Brexit

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?

The rules regarding service of proceedings out of the jurisdiction are set out in CPR 6.30–CPR 6.47, and include rules about when the permission of...

22nd Apr

Q&As

What are the Internal Regulations of the Council of Bureaux and how will these be impacted by Brexit?

The Council of Bureaux is the organisation acting for the protection of the victims of cross-border road traffic accidents.It achieves this by...

Produced in partnership with Andrew Wilson 22nd Apr

Brexit

Q&As

Can a defendant recover their costs of a successful strike out application in a small claims track case or is it necessary to demonstrate that there has been unreasonable conduct?

Generally, in claims allocated to the small claims track, the parties bear their own costs. This is provided for in CPR 27.14.CPR 27.14 states that in...

Produced in partnership with Alexander Campbell of Field Court Chambers 21st Apr

Q&As

When a road traffic accident occurs on or after 1 March 2017 resulting in damage to property, is the owner able to make a recovery from the defendant if they state it was a result of an untraceable third party's actions?

Motor Insurers' Bureau as defendantWhere the driver of a vehicle who causes an accident cannot be identified, eg following a 'hit and run' accident,...

21st Apr

Q&As

What procedural steps must a claimant take when issuing a personal injury claim in the High Court in which the Motor Insurance Bureau (MIB) is a defendant under the MIB Uninsured Drivers Scheme?

The MIB Uninsured Agreement 2015, which applies to accidents that have occurred on or after 1 August 2015, has less obligations and conditions than...

21st Apr

Q&As

If a claimant suffers minor whiplash but is also experiencing significant psychological symptoms, will the claim be dealt with outside the road traffic accident portal? Another driver died in the accident.

RTA ProtocolThe Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (RTA Protocol) applies to claims where the claimant...

21st Apr

Q&As

An agent for a local authority (social worker for borough council) transports a child and their guardian in accordance with the local authority's instructions. A road traffic accident (RTA) occurs and the child and guardian both suffer injuries. In such a circumstance, would the matter proceed against the local authority or the individual driver, and would the local authority or the individual's RTA insurers have any exceptions to rely upon?

Driver liabilityA road user owes a duty to take reasonable care to avoid doing or omitting to do anything that they can reasonably foresee would cause...

21st Apr

Q&As

If a Part 36 offer is accepted out of time pre-issue in a road traffic accident claim, is the Defendant entitled to the payment of their costs from the expiry of the offer even if the claim has not moved forward a stage? If so, can the Defendant request that their costs are paid out of the Claimant's damages?

For the purposes of this Q&A it is assumed that the claim remains under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic...

21st Apr

Q&As

Is it possible to make a claim for injury to a foetus (at four weeks gestation) after mother was involved in a road traffic accident (RTA)? The child was born with a significant heart defect that required corrective surgery abroad.

Section 1(1) of the Congenital Disabilities (Civil Liability) Act 1976 (CD(CL)A 1976) permits an action to be brought by (or on behalf of) a child...

Produced in partnership with David Green of 12 King's Bench Walk 21st Apr

Q&As

Can you direct me to case law regarding contributory negligence in circumstances where a pedestrian steps out without looking in between parked vehicles and the driver of the parked vehicle fails to see the pedestrian, reverses and collides into them?

Highway CodeRules 14 and 15 of The Highway Code provides the following guidance to pedestrians:‘Rule 14 (Parked vehiclesIf you have to cross between...

21st Apr

Q&As

Is there case law regarding contributory negligence in circumstances where a pedestrian was struck by a vehicle after stepping out without looking on a pedestrian crossing and where the driver failed to see the pedestrian and rushed to make the lights?

PedestriansApportionment tends to be in a pedestrian’s favour based on the fact that a car can do more damage to a person than vice versa. According...

21st Apr

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Q&As

View PI & Clinical Negligence by content type:

Latest PI & Clinical Negligence News

CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

Rectification, intimidation and justification in commercial fraud (GDS v NCR)

Norwich Pharmacal order—application to cross examine on the disclosure affidavit (Stokoe Partnership v Grayson)

Client’s retention of shares did not trigger liability to his lawyers under damages-based agreement, nor was he in breach of worldwide freezing order (Tonstate Group Ltd and others v Wojakovski and others)

Featured PI & Clinical Negligence content

Fixed costs in road traffic accident claims

Drafting counter schedules of loss in PI and clinical negligence claims

Applying for an interim payment order in personal injury claims

Part 36 offers in PI and clinical negligence claims

Most recent Q&As content

Popular documents

Notaries and notarisation—notarisation

Qualified one-way costs shifting (QOCS)

What is a third party debt order (TPDO)?

Tomlin orders

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