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Latest PI & Clinical Negligence News

CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

The following Construction news provides comprehensive and up to date legal information on CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

Rectification, intimidation and justification in commercial fraud (GDS v NCR)

The following Commercial news provides comprehensive and up to date legal information on Rectification, intimidation and justification in commercial fraud (GDS v NCR)

Norwich Pharmacal order—application to cross examine on the disclosure affidavit (Stokoe Partnership v Grayson)

The following Dispute Resolution news provides comprehensive and up to date legal information on Norwich Pharmacal order—application to cross examine on the disclosure affidavit (Stokoe Partnership v Grayson)

Client’s retention of shares did not trigger liability to his lawyers under damages-based agreement, nor was he in breach of worldwide freezing order (Tonstate Group Ltd and others v Wojakovski and others)

Client’s retention of shares did not trigger liability to his lawyers under damages-based agreement, nor was he in breach of worldwide freezing order (Tonstate Group Ltd and others v Wojakovski and others)

Featured PI & Clinical Negligence content

Claims for lost years

The claim and basis for itThis type of claim is made on behalf of a living claimant whose life expectancy has been reduced as a result of the...

Fixed costs in road traffic accident claims

Pre-action protocol for low value personal injury claims in road traffic accidentsThe protocol applies to all road traffic accident (RTA)...

Applying for an interim payment order in personal injury claims

Timing and procedureA claimant can apply for an interim payment order after the end of the period for filing an acknowledgment of service.See Practice...

Part 36 offers in PI and clinical negligence claims

Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For offers made prior to this,...

Practice notes

Loss of congenial employment

Nature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial employment. This award relates...

9th Nov

Practice notes

Misfeasance in public office

The tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only available against public...

9th Nov

Practice notes

Future loss of earnings—personal injury claims

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25% from the previous level of minus 0.75%. The new...

9th Nov

Practice notes

Interest on general damages, special damages and judgment debt

Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...

9th Nov

Precedents

Claim against a defendant driver’s insurers holding them liable under section 151 of the Road Traffic Act 1988

Brexit: The UK’s departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...

9th Nov

Practice notes

Personal injury experts

Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...

Produced in partnership with Ian Huckstepp of IRH Solicitors 12th Jan

Practice notes

Qualified one-way costs shifting (QOCS)—case tracker

This case tracker considers case law in relation to qualified one-way costs shifting (QOCS) in order to provide some guidance on how the courts are...

9th Nov

Practice notes

Motor insurance

Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...

9th Nov

Practice notes

Was the damage foreseeable?

The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach of duty), and•that the...

9th Nov

Practice notes

Collateral benefits and double recovery

General principlesAs a general rule, a claimant must give credit for any financial gains they make that they have received as a result of their...

9th Nov

Practice notes

Provisional damages

Background and frameworkPurpose of a provisional damages awardWhen the court makes a once and for all lump sum award, it is designed to cover both...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Time limits under the Limitation Act 1980—personal injury claims

The Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits within which claimants are entitled to bring claims of various...

9th Nov

Practice notes

Psychiatric injury—primary victims

Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...

9th Nov

Practice notes

What is fundamental dishonesty?

This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and Courts Act 2015 (CJCA 2015) and the...

9th Nov

Practice notes

Past loss of earnings

Common issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For guidance on future loss...

9th Nov

Practice notes

False imprisonment

LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public...

Produced in partnership with Greg Ó Ceallaigh of Garden Court Chambers 12th Jan

Most recent Special claims content

Practice notes

Identifying and responding to the needs of vulnerable clients

Solicitors and law firms often provide legal services to clients who are going through some of the most difficult times in their lives. Some of these...

5th May

Q&As

Does an infant approval hearing for a fast track personal injury claim attract the fixed costs for ‘hearing’ or is it as D has argued not a contested hearing and therefore not eligible for hearing costs? D has argued it is eligible for pre-allocation costs only as quantum was agreed at that stage. Is there any case law on this matter?

The rules for recovery of costs in fast track personal injury claims involving children, such that an infant approval hearing is required, are...

5th May

Precedents

Witness statement in support of application to approve settlement or compromise of child’s claim

Filed on behalf of the claimantWitness Statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...

30th Apr

Precedents

Schedule of special damages—multi track

[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT LOCATION] DISTRICT REGISTRY]Claim No:Between[Insert...

27th Apr

Practice notes

Assessing contributory negligence of children in road traffic accident claims—case tracker

This case tracker considers case law on the contributory negligence of children involved in road traffic accident claims. The cases provide useful...

21st Apr

Practice notes

Pedestrians, children and passengers involved in road traffic accidents

Certain categories of claimant are considered more vulnerable than others. Included in this category...

21st Apr

Precedents

Counter schedule of special damages—multi track

[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[SPECIFY SPECIALIST COURT]][[INSERT LOCATION] DISTRICT...

20th Apr

Practice notes

Catastrophic injury claims—conduct of the claim

This Practice Notes sets out the important issues and steps to be considered, preferably with the input of counsel. Indeed, one of the important early...

Produced in partnership with Andrew Wilson 16th Apr

Practice notes

Costs orders—children, protected parties and litigation friends

This Practice Note considers the recovery of costs in proceedings involving a child or a protected party. In the majority of cases, the child or...

13th Apr

Practice notes

Claims against schools

Claims against schools by pupils can arise in a number of ways, including pupils:•being injured due to condition of premises•injuring each other or...

9th Apr

Practice notes

Claims involving a mentally incapacitated claimant—investment of damages

Control of money recovered by a protected partyKey terms in CPR 21 include:•‘lacks capacity’ means lacks capacity within the meaning of the Mental...

9th Apr

Practice notes

Quantifying damages for the estate under the Law Reform Act

What can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act 1934?The Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A...

9th Apr

Practice notes

Claims involving serious brain injuries

NOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced that the discount rate would change...

Produced in partnership with Caroline Klage Bolt Burdon Kemp 9th Apr

Practice notes

Law Reform Act or Fatal Accidents Act?

Causes of actionWhen the victim of a personal injury action has died prior to trial, two distinct claims are possible.A claim can be brought for:•the...

9th Apr

Practice notes

Claims involving a child—investment of damages

Court directions for investmentIf damages are recovered on behalf of a child following a settlement or at trial, the money will not be paid out to the...

9th Apr

Practice notes

Payments into court

Payments into court are now made in only limited circumstances. These may include:•following an infant settlement•where some protection is required...

9th Apr

Practice notes

Claims involving a child—the court approval hearing

When court approval is requiredAny settlement, compromise or payment (including any voluntary interim payment) arising from a claim on behalf of, or...

9th Apr

Practice notes

Disability, fraud, concealment and mistake—sections 28 and 32 of the Limitation Act 1980

Persons under a disabilityClaimants under a disabilityFor the purposes of the Limitation Act 1980 (LA 1980) a claimant is under a disability while...

9th Apr

Practice notes

Valuing serious brain injury claims

DamagesGeneral damagesGeneral damages are awarded for pain, suffering and loss of amenity. They will be quantified with reference to the medical...

Produced in partnership with Caroline Klage Bolt Burdon Kemp 9th Apr

Practice notes

Establishing liability under the Fatal Accidents Act 1976

A limited class of people who were dependent in some way on the deceased (ie dependants) are entitled to bring a claim under the Fatal Accidents Act...

9th Apr