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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 Special claims content

Practice notes

Mental capacity in personal injury claims

Mental capacity in personal injury claimsDefining mental capacityA person lacks capacity in relation to a matter if, at the relevant time, they are...
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13th Sep
Q&As

When acting on a fatal claim and the deceased died intestate, do you need to obtain letters of administration to accept or make a Part 36 offer in the period before the issue of the claim?

When acting on a fatal claim and the deceased died intestate, do you need to obtain administration'>letters of administration to accept or make a Part...
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9th Sep
Practice notes

Quantifying losses for dependants—past losses—services

Quantifying losses for dependants—past losses—servicesClaims for past expenses and losses tend to consist principally of the:•lost financial...
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27th Aug
Practice notes

Clinical negligence claims involving labour and delivery—injuries to the child

Clinical negligence claims involving labour and delivery—injuries to the childThis Practice Note sets out practical considerations when managing these...
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Produced in partnership with Renée Wood 26th Aug
Practice notes

Rehabilitation in serious brain injury claims

Rehabilitation in serious brain injury claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor...
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Produced in partnership with Caroline Klage of Bolt Burdon Kemp 26th Aug
Practice notes

Identifying and responding to the needs of vulnerable clients

Identifying and responding to the needs of vulnerable clientsSolicitors and law firms often provide legal services to clients who are going through...
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24th Aug
Practice notes

Claims against schools

Claims against schoolsClaims against schools by pupils can arise in a number of ways, including pupils:•being injured due to condition of...
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23rd Aug
Q&As

How can a conditional fee arrangement be adopted from a litigation friend to a personal representative?

How can a conditional fee arrangement be adopted from a litigation friend to a personal representative?Conditional fee arrangementsA conditional fee...
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22nd Aug
Practice notes

The purpose and scope of coroners’ inquests: introductory guide for practitioners

The purpose and scope of coroners’ inquests: introductory guide for practitionersCoronavirus (COVID-19): This Practice Note contains guidance impacted...
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Produced in partnership with James Robottom of Matrix Chambers 22nd Aug
tag iconCOVID-19
Practice notes

Findings, determinations and conclusions of an inquest

Findings, determinations and conclusions of an inquestA coroner (or a jury where there is one) is required to make a determination at the end of an...
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Produced in partnership with James Robottom of Matrix Chambers 22nd Aug
tag iconCOVID-19
Practice notes

Costs orders—children, protected parties and litigation friends

Costs orders—children, protected parties and litigation friendsThis Practice Note considers the recovery of costs in proceedings involving a child or...
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18th Aug
Q&As

When issuing County Court proceedings on behalf of a protected party, do query use the financial details of the protected party or the litigation friend when working out the court fee payable? Likewise, if you are issuing County Court proceedings for a minor, again do you use the financial details of the minor or the litigation friend when looking at the court fee remission form?

When issuing County Court proceedings on behalf of a protected party, do query use the financial details of the protected party or the litigation...
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Produced in partnership with Oliver Hilton of Radcliffe Chambers 18th Aug
Q&As

What level of general damages can be awarded following a suicide where the claimant took her own life while on a mental health ward and the health establishment were supposed to provide round-the-clock monitoring?

What level of general damages can be awarded following a suicide where the claimant took her own life while on a mental health ward and the health...
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17th Aug
Practice notes

Sexual abuse claims

Sexual abuse claimsLimitation issuesClaims for abuse are often presented many years after the events giving rise to them.It is usual practice in cases...
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17th Aug
Q&As

A personal injury award, subject to appeal post injured person’s death, has been made. What approach should be taken in valuing the award for inheritance tax (IHT) purposes and the completion of the IHT documents?

A personal injury award, subject to appeal post injured person’s death, has been made. What approach should be taken in valuing the award for...
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15th Aug
Precedents

Personal injury bare trust—child

Personal injury bare trust—childThis TRUST is made on [date]Parties1[name] of [address] acting by [name] of [address] (the Litigation Friend)...
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15th Aug
Precedents

Personal injury bare trust—mentally incapable adult

Personal injury bare trust—mentally incapable adultThis TRUST is made on [date]Parties1[name] of [address] acting by [name] of [address] (the...
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15th Aug
Precedents

Personal injury bare trust—mentally capable adult

Personal injury bare trust—mentally capable adultThis TRUST is made on [date]Parties1[name] of [address] (the Settlor) and2[name] of [address] and...
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15th Aug
Q&As

Following the death of wife intestate, the husband starts or continues a clinical negligence claim on her behalf. The husband has now died. Who should continue the clinical negligence claim?

Following the death of wife intestate, the husband starts or continues a clinical negligence claim on her behalf. The husband has now died. Who should...
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15th Aug
Q&As

If the deceased died intestate and a claim was commenced prior to letters of administration, should a new conditional fee agreement (CFA) be entered into?

If the deceased died intestate and a claim was commenced prior to administration'>letters of administration, should a new conditional fee agreement...
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15th Aug

Popular documents

Admissibility of hearsay evidence in criminal proceedings

Admissibility of hearsay evidence in criminal proceedings

Admissibility of hearsay evidence in criminal proceedingsHow to identify hearsayThe definition of hearsay is contained in the Criminal Justice Act 2003 (CJA 2003). It comprises of four essential elements.There must be:•a statement•made out of court•relied on for the truth of the matter stated,

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

Skeleton arguments

Skeleton arguments

Skeleton argumentsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not

Joint, several, and joint and several liability

Joint, several, and joint and several liability

Joint, several, and joint and several liabilityContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise may be:•joint•several, or•joint and severalWhether an undertaking is joint, several, or joint and