Q&As

View PI & Clinical Negligence by content type:

Featured PI & Clinical Negligence content

Practice notes
This Practice Note looks at how to make an interim application under Part 23 of the CPR. It considers what you need to file ie the application notice...
Read More >
20th Oct
Practice notes
This case tracker considers case law to date on fundamental dishonesty particularly in the context of the court’s power to dismiss a claim under...
Read More >
8th Oct
Practice notes
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,...
Read More >
2nd Oct
Practice notes
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...
Read More >
26th Sep
Practice notes
Most road traffic cases turn on their particular facts.There are few hard and fast rules, and disapproval of the excessive citation of authority has...
Read More >
26th Sep
Practice notes
General damagesPain, suffering and loss of amenityThe court will make a monetary award to reflect the gravity of an injury and the effect it has had...
Read More >
26th Sep
Practice notes
The general rule—no compensation for mental distress without recognised psychiatric illnessIt is common for accident victims to suffer considerable...
Read More >
26th Sep
Practice notes
Contributory negligenceThe question of contributory negligence is dependent on the facts of the case. In Davies the Court of Appeal stated that...
Read More >
26th Sep
Practice notes
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...
Read More >
26th Sep
Practice notes
NOTE: The 8th edition of the Ogden Tables was published on 17 July 2020 and contains revised actuarial tables which can be accessed here.NOTE: On 15...
Read More >
26th Sep
Practice notes
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...
Read More >
26th Sep
Practice notes
The main aim of the Criminal Justice and Courts Act 2015 (CJCA 2015) is to make provision about how offenders are dealt with before and after...
Read More >
25th Sep
Practice notes
In some instances someone may suffer damage that results partly from their own fault and partly from the fault of someone else. A claim in respect of...
Read More >
25th Sep
Practice notes
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...
Read More >
25th Sep
Practice notes
Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
Read More >
25th Sep
Practice notes
The question of whether a road user has failed to drive with reasonable care is fact sensitive.Evidence of negligence may be gleaned from the...
Read More >
25th Sep

Most recent Q&As content

Q&As
An unincorporated association is not a legal entity and so, in theory at least, cannot sue or be sued in its own name. This was the position set out...
Read More >
28th Sep
Q&As
Authority of administratorWe refer you to Practice Note: Executor's and administrator's authority prior to the grant which explains the authority of...
Read More >
28th Sep
Q&As
Who is entitled to administer the intestate wife’s estate?A grant of administration is required where the deceased died intestate. The order of...
Read More >
28th Sep
Q&As
If the claimant has reason to believe that the defendant is no longer at the address they have for the defendant, reasonable steps must be taken to...
Read More >
28th Sep
Q&As
Where a court serves a claim form by mistake, eg if the claimant has specifically stated that they intend to serve the claim form themselves, service...
Read More >
28th Sep
Q&As
The first point to note is that service in accordance with the provisions of Regulation (EC) 1393/2007, the Service Regulation is mandatory, and it is...
Read More >
Produced in partnership with Ryan Hocking of Hardwicke Chambers 28th Sep
Q&As
Any document to be served must be sent or transmitted to or left at the party's address for service under CPR 6.23(2) or CPR 6.23(3) unless it is to...
Read More >
28th Sep
Q&As
This Q&A considers the service of a claim form in the jurisdiction on a defendant who has not provided an address for service.Is the dispute one under...
Read More >
28th Sep
Q&As
When seeking to serve a document in proceedings, Part 6 of the Civil Procedure Rules (CPR) sets out the methods of service and the places at which the...
Read More >
28th Sep
Q&As
The Motor Insurers’ Bureau (MIB) Uninsured Agreement 2015 applies to accidents which occurred on or after 1 August 2015 (see: Uninsured drivers' MIB...
Read More >
Produced in partnership with David Green of 12 King's Bench Walk 28th Sep
Q&As
What is the doctrine of frustration?If the contract does not include a force majeure clause or it does but the applicable force majeure event is not...
Read More >
28th Sep
Q&As
Many businesses are closing their offices or recommending their staff work from home in an attempt to slow the spread of coronavirus (COVID-19). This...
Read More >
28th Sep
Q&As
Privity of contract and liabilityAlthough contractual rights and benefits generally are (subject to express contractual provisions to the contrary)...
Read More >
28th Sep
Q&As
Personal representativesClause‘1.2In this agreement:……1.2.6[a reference to a ‘party’ includes that party’s personal representatives, successors and...
Read More >
28th Sep
Q&As
This Q&A considers the impact of the disclosure pilot scheme under CPR PD 51U (the DPS) on proceedings in the Technology and Construction Court (TCC),...
Read More >
Produced in partnership with Abdul-Lateef Jinadu of Keating Chambers 28th Sep

Popular documents