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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 Settlement content

Practice notes
Without prejudice communicationsThis Practice Note explains the without prejudice rule that affects the admissibility of evidence relating to genuine...
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23rd Sep
Practice notes
Resolving disputes concerning settlement agreementsDefining termsThe paying or delivering party under a settlement agreement is referred in this...
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22nd Sep
Practice notes
Settling disputes—drafting the settlement agreementThis Practice Note considers the key issues when drafting a settlement agreement, including correct...
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21st Sep
Practice notes
Tomlin ordersThis Practice Note considers Tomlin orders, which are often used in settling litigation. A Tomlin order comprises a consent order and a...
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20th Sep
Practice notes
Settlement agreements—the effect on litigationThis Practice Note considers the effect of a settlement agreement on litigation, as to settlement...
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20th Sep
Practice notes
Part 36 costs—key and illustrative decisionsPractice Note: Part 36 offers—when are Part 36 costs 'unjust'? considers when the court might disapply the...
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20th Sep
Practice notes
Costs consequences of refusing to mediate—key and illustrative decisionsThis Practice Note summarises the key decisions illustrating the court’s...
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20th Sep
Practice notes
When can you set aside a settlement agreement?This Practice Note considers the circumstances in which a settlement agreement may be set aside,...
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17th Sep
Practice notes
Enforcing settlement agreements concluded after proceedings have commencedThis Practice Note considers how to enforce a settlement agreement concluded...
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15th Sep
Practice notes
Mediation—advantages and disadvantagesWhat is mediation?Mediation is one of the most recognised and common forms of alternative dispute resolution...
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13th Sep
Q&As
In the small claims track, if the matter settles after the claim is issued but before the trial is heard, who is responsible for paying the court...
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Produced in partnership with David Willink of Lamb Chambers 13th Sep
Q&As
Can a Part 36 offer still remain valid if it is made subject to the condition of documentary evidence of a subrogated claim?Part 36 offers—generalA...
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13th Sep
Q&As
From what point does interest on costs run and at which rate for the purpose of detailed assessment? Does interest run from the date of acceptance of...
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10th Sep
Practice notes
Tomlin orders—court and court guide specific requirementsThis Practice Note considers the different court (including court guide) specific...
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9th Sep
Practice notes
Part 36 offers—how to make a valid Part 36 offerPart 36 precedentsYou may need to consider the validity of an offer in relation to advising clients...
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Produced in partnership with Jake Coleman of Hailsham Chambers 9th Sep
Practice notes
Part 36 offers—pre-action costs recoveryNote: a revised CPR 36 came into force on 6 April 2015. Where appropriate this Practice Note differentiates...
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Produced in partnership with David Juckes of Hailsham Chambers 9th Sep

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