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Latest PI & Clinical Negligence News

Featured PI & Clinical Negligence content

Practice notes
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 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 animalsAll animals except those that belong to a dangerous species (all non-dangerous animals) are...
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19th May
Practice notes
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 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 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
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
Practice notes
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 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 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 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
[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...
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19th May
Practice notes
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 applications content

Q&As
The starting point is set out in CPR 7.6: ‘…(1) The claimant may apply for an order extending the period for compliance with rule 7.5.(2) The general...
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Produced in partnership with Daniel Laking of 39 Essex Chambers 8th Jan
Precedents
Filed on behalf of the claimantWitness statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...
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Produced in partnership with Sarah Bousfield of Brick Court Chambers 8th Jan
Q&As
In answering this Q&A, we have assumed that the question is asked on behalf of the claimant.Before issueIn general, the obligation is on the claimant...
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Produced in partnership with Tom Montagu-Smith QC of XXIV Old Buildings 8th Jan
Practice notes
This Practice Note addresses issues when serving out of the jurisdiction and the permission of the court is required. It explains how to make an...
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Produced in partnership with K&L Gates 8th Jan
Precedents
[Insert name and/or position of individual at the relevant court][Insert court address][Insert date]Dear Sirs[Insert name of claimant] v [insert name...
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Produced in partnership with Sarah Bousfield of Brick Court Chambers 8th Jan
Precedents
Filed on behalf of the defendantWitness statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...
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Produced in partnership with Sarah Bousfield of Brick Court Chambers 8th Jan
Precedents
Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE][[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]] OR...
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Produced in partnership with Sarah Bousfield of Brick Court Chambers 8th Jan
Precedents
Coronavirus (COVID-19) considerationsAn application for an extension of time to serve the claim form can be dealt with on the papers without the need...
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Produced in partnership with Sarah Bousfield of Brick Court Chambers 8th Jan
Q&As
It is assumed that the reference to the ‘Hague Convention’ is to the Hague Service Convention, concluded as part of the Hague Conference on Private...
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Produced in partnership with Ryan Hocking of Hardwicke Chambers 8th Jan
Practice notes
Coronavirus (Covid-19): If making an application for an extension of time, this may be affected by the impact of coronavirus on the availability of...
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Produced in partnership with Sarah Bousfield of Brick Court Chambers 8th Jan
Precedents
Filed on behalf of the claimantWitness statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...
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Produced in partnership with Sarah Bousfield of Brick Court Chambers 8th Jan
Q&As
Assumption: it is assumed that you have already advised the court that you will serve the claim form rather than choosing the default position that...
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Produced in partnership with Lauren Godfrey of Hardwicke Chambers 8th Jan
Q&As
CPR 6 contains separate provisions in respect of service of the claim form and service of other documents.Personal service of a claim formCPR...
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Produced in partnership with James Tunley of Lamb Chambers 8th Jan
Precedents
[Date][Insert claimant’s solicitors‘ name, reference and address]Dear Sirs[Insert name of claimant] v [insert name of defendant]—Claim No: [insert...
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Produced in partnership with Sarah Bousfield of Brick Court Chambers 8th Jan
Practice notes
This Practice Note discusses a key consideration of relevance when dealing with forum non conveniens, namely the factors connecting the proceedings to...
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7th Dec
Practice notes
This Practice Note discusses a key consideration that applies in the context of forum non conveniens, namely the requirements of justice.For guidance...
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7th Dec
Practice notes
Brexit: The UK's departure from the EU has implications for practitioners considering which courts have jurisdiction. For guidance, see: Forum non...
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7th Dec
Practice notes
This Practice Note considers the claimant’s duty to give full and frank disclosure of all material facts when making a without notice application for...
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7th Dec
Practice notes
This Practice Note lists a number of decisions in the Court of Appeal and High Court which have considered the interpretation of the CPR provisions...
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7th Dec
Practice notes
This Tracker lists a number of decisions in the Court of Appeal and High Court which have considered the interpretation of the CPR provisions dealing...
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7th Dec

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