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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 Mediation content

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
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
Practice notes
Mediation—practical arrangementsCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by the...
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9th Sep
Practice notes
Alternative Dispute Resolution (ADR)—Jackson Reforms [Archived]Note: This Practice Note is of largely historical interest.In January 2010 Lord Justice...
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9th Sep
Practice notes
Small claims mediation serviceWhat is the Mediation Service?The Mediation Service is defined in CPR 26.4A(3) as meaning the Small Claims Mediation...
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9th Sep
Practice notes
Mediation—confidentiality and privilegeConfidentiality is particularly important in the context of mediation to enable parties to participate fully....
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9th Sep
Q&As
What practical tips are there for conducting a remote mediation?Practical tips for the mediator•never move a participant without being in the room...
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Produced in partnership with Beverly-Ann Rogers of IPOS Mediation, Jane Player of Independent Mediators, Tim Hardy FCIArb of IPOS Mediation and Patrick Walker of IPOS Mediation 9th Sep
Q&As
What happens if we reach agreement at a remote mediation?The basis on which mediations take place is usually contractual, and typically includes a...
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Produced in partnership with Chris Fitton of IPOS Mediation 9th Sep
Q&As
Where parties live a significant distance from one another, are they still expected to engage in mediation and if so, how and where?Civil litigation...
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Produced in partnership with Daniel Laking of 39 Essex Chambers 9th Sep
Q&As
Is there any authority for a party suffering costs sanctions where they have mediated, but made no reasonable offer on a WPSATC?While the court cannot...
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9th Sep
Q&As
What are the main pros and cons of remote access mediation versus face-to-face mediation?Practising social distancing, coronavirus (COVID-19) style,...
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Produced in partnership with Charles Gordon of IPOS Mediation 9th Sep
Q&As
Is there any specific guidance or rules on conducting remote access mediations? If so, what are they?While the coronavirus (COVID-19) ‘lockdown’ has...
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Produced in partnership with Harry Spurr of IPOS Mediation 9th Sep
Q&As
How do I secure and maintain privacy in a remote access mediation?Keeping your mediation discussions confidential is of course extremely...
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Produced in partnership with Chris Fitton of IPOS Mediation 9th Sep
Q&As
Who are the main platform providers for remote mediation and how do they differ?No mainstream provider yet offers a video conferencing platform...
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Produced in partnership with Chris Fitton of IPOS Mediation 9th Sep
Q&As
Do you run a remote mediation in the same way as a face-to-face mediation?The legal and contractual principles under which a video conference (VC)...
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Produced in partnership with Chris Fitton of IPOS Mediation 9th Sep
Q&As
Do the courts expect parties to use remote mediations? Can a party be criticised (and potentially penalised on costs) for refusing to engage in a...
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Produced in partnership with Henrietta Jackson-Stops of IPOS Mediation 9th Sep
Precedents
ADR Notice—ADR clausePrivate & confidential[Insert name and address of other party's solicitors][Insert date]Dear [insert organisation name][Insert...
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9th Sep
Precedents
Letter to client—what happens at a mediation and preparing for itPRIVATE & CONFIDENTIAL[Insert name and address of client][Insert date]Dear [Insert...
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9th Sep
Precedents
ADR Notice—no ADR clause or dispute not contract-based[Insert name and address of other party's solicitors][Insert date]Dear [insert organisation...
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9th Sep
Practice notes
Costs sanctions for refusal to mediateThis Practice Note addresses the court’s power to encourage resolution through the ADR mechanism of mediation....
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19th Aug

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