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Latest PI & Clinical Negligence News

Further developments on vicarious liability in sexual abuse cases (Blackpool Football Club v DSN)

Further developments on vicarious liability in sexual abuse cases (Blackpool Football Club v DSN)

The following Dispute Resolution news provides comprehensive and up to date legal information on Further developments on vicarious liability in sexual abuse cases (Blackpool Football Club v DSN)

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

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

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)

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)

Featured PI & Clinical Negligence content

False imprisonment

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 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 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 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...
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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'...
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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...
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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,...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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Produced in partnership with Louise Thomson 19th May

Most recent Service content

Practice notes

Serving the defence

Serving the defenceThis Practice Note sets out the rules that apply when seeking to serve the defence in proceedings. The rules are set out in Section...
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21st Sep
Practice notes

Service out of the jurisdiction—methods of effecting service

Service out of the jurisdiction—methods of effecting serviceCoronavirus (COVID-19): if serving documents outside the jurisdiction, this may be...
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Produced in partnership with Camilla McPherson 21st Sep
Practice notes

Determining whether permission is required to serve the claim form out of England and Wales

Determining whether permission is required to serve the claim form out of England and WalesThis Checklist sets out when permission of the courts of...
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21st Sep
Practice notes

Acknowledgment of service

Acknowledgment of serviceThis Practice Note explains when an acknowledgment of service is required (CPR 10) and the consequences of a failure to file...
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21st Sep
Practice notes

When the claim form is valid for service (CPR 7.5)

When the claim form is valid for service (CPR 7.5)This Practice Note considers the question when do I need to serve the claim form?. The time limits...
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21st Sep
Practice notes

Service of the claim form by a contractually agreed method (CPR 6.11)

Service of the claim form by a contractually agreed method (CPR 6.11)This Practice Note considers service of the claim form where there is an agreed...
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21st Sep
Practice notes

Service of the claim form—service in the jurisdiction

Service of the claim form—service in the jurisdictionCoronavirus (COVID-19): The ability to serve a claim form within the requisite time period may be...
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21st Sep
Practice notes

Certification of service of the claim form (CPR 6.17)

Certification of service of the claim form (CPR 6.17)This Practice Note provides guidance on the certificate of service of the claim form (Form N215)....
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21st Sep
Practice notes

Serving documents under the Companies Act 2006

Serving documents under the Companies Act 2006Parallel regimes in the CPR and the Companies Act 2006CPR 6.3(2) provides that when serving a company...
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21st Sep
Practice notes

Timetable for statements of case

Timetable for statements of caseThis Practice Note refers to old provisions in Part 6 which are subject to savings provisions post 31 December 2020....
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21st Sep
Practice notes

Service of the claim form in England and Wales—process flow

Service of the claim form in England and Wales—process flowA claim form is issued by the court. Following this, the claim form will need to be served...
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13th Sep
Practice notes

Witness evidence—service

Witness evidence—serviceServing witness statementsIf you wish to rely on witness evidence, it must be set out in a witness statement, which must be...
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9th Sep
Practice notes

Service of the particulars of claim

Service of the particulars of claimThis Practice Note considers service of the particulars of claim. It covers the specific time periods by which it...
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9th Sep
Q&As

Does the use of ‘may be’ in CPR PD 36, para 1.1 allow for an offer to be validly accepted without using Form N242A as the notice of acceptance? Does CPR PD 36, para 3.1 allow for a notice of acceptance to be validly accepted by email?

Does the use of ‘may be’ in CPR PD 36, para 1.1 allow for an offer to be validly accepted without using Form N242A as the notice of acceptance? Does...
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Produced in partnership with Jonathan Edwards of Radcliffe Chambers 9th Sep
Q&As

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

What is the process for enforcing an English personal guarantee against an individual domiciled in Holland?This Q&A considers the process for...
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9th Sep
Q&As

When suing a prisoner, is the governor's permission needed to issue the claim? On the claim form, should the name of the defendant and the prison address be filled in?

When suing a prisoner, is the governor's permission needed to issue the claim? On the claim form, should the name of the defendant and the prison...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 9th Sep
Q&As

Can you serve a Part 36 offer by sending it by document exchange? If so, does the ‘relevant period’ (under CPR 36.3(g)(i)) commence after the deemed date of service and if the offeree denies receipt of the Part 36 (CPR 36) offer, does this affect the relevant period of the Part 36 offer?

Can you serve a Part 36 offer by sending it by document exchange? If so, does the ‘relevant period’ (under CPR 36.3(g)(i)) commence after the deemed...
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9th Sep
Q&As

How do I serve a counterclaim on a second defendant who is out of the jurisdiction?

How do I serve a counterclaim on a second defendant who is out of the jurisdiction?What is a counterclaim?Counterclaims and other additional claims...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 9th Sep
Q&As

Can I serve a claim form by email if a defendant is domiciled in two different countries due to work commitments?

Can I serve a claim form by email if a defendant is domiciled in two different countries due to work commitments?When seeking to serve a document in...
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9th Sep
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Q&As

Can court proceedings be stayed when a claim form has been issued at court, but not yet served on the defendant?

Can court proceedings be stayed when a claim form has been issued at court, but not yet served on the defendant?Proceedings are started when the court...
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9th Sep

Popular documents

Scotland: the Accountant in Bankruptcy

Scotland: the Accountant in Bankruptcy

Scotland: the Accountant in BankruptcyThe office of the Accountant in Bankruptcy (AiB) was created by section 156 of the Bankruptcy (Scotland) Act 1856 . Previously, the functions of the AiB were limited but since 1993, with the enactment of the Bankruptcy (Scotland) Act 1993 (B(S)A 1993), the role

Common law offence of false imprisonment

Common law offence of false imprisonment

Common law offence of false imprisonmentThe offence of false imprisonmentFalse imprisonment is a common law offence but it is more common as a civil action in tort (see Practice Note: False imprisonment).It is triable only on indictment. It may be classified in class 2A, 2B or 3 in accordance with

Stay of proceedings—when can you apply to stay a claim?

Stay of proceedings—when can you apply to stay a claim?

Stay of proceedings—when can you apply to stay a claim?This Practice Note considers the question of when court proceedings can be stayed. It identifies scenarios in which a party may apply for a stay of proceedings, including to allow for: a jurisdictional challenge; arbitration; an attempt to

Qualified one-way costs shifting (QOCS)

Qualified one-way costs shifting (QOCS)

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 claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE)