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Latest PI & Clinical Negligence News

Principles set out in CPR PD 57AC are applied in mesothelioma claim (Jackman v Harold Firth & Son Ltd)

Principles set out in CPR PD 57AC are applied in mesothelioma claim (Jackman v Harold Firth & Son Ltd)

The following Dispute Resolution news provides comprehensive and up to date legal information on Principles set out in CPR PD 57AC are applied in mesothelioma claim (Jackman v Harold Firth & Son Ltd)

PI & Clinical Negligence weekly highlights—24 June 2021

PI & Clinical Negligence weekly highlights—24 June 2021

The following PI & Clinical Negligence news provides comprehensive and up to date legal information on PI & Clinical Negligence weekly highlights—24 June 2021

Secondary victim law update on what constitutes a ‘shocking event’ in a hospital setting (King v Royal United Hospitals Bath NHS Foundation Trust)

Secondary victim law update on what constitutes a ‘shocking event’ in a hospital setting (King v Royal United Hospitals Bath NHS Foundation Trust)

The following PI & Clinical Negligence news provides comprehensive and up to date legal information on Secondary victim law update on what constitutes a ‘shocking event’ in a hospital setting (King v Royal United Hospitals Bath NHS Foundation Trust)

Assessment of solicitor and client costs in low value personal injury claim (SGI v Karatysz)

Assessment of solicitor and client costs in low value personal injury claim (SGI v Karatysz)

The following Dispute Resolution news provides comprehensive and up to date legal information on Assessment of solicitor and client costs in low value personal injury claim (SGI v Karatysz)

Featured PI & Clinical Negligence content

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...

Qualified one-way costs shifting (QOCS)

Qualified one-way costs shifting (QOCS)

Qualified one-way costs shifting (QOCS)What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson...

EL/PL claims in the portal—a practical guide (Stage 1)

EL/PL claims in the portal—a practical guide (Stage 1)

EL/PL claims in the portal—a practical guide (Stage 1)This Practice Note provides an overview of the Pre-Action Protocol for Low Value Personal Injury...

Is there any case law on an Article 75 insurer’s ability to avoid its liability to meet a judgment in circumstances where the claimant was travelling in a stolen vehicle? The claim made is not against the insurer of the vehicle the claimant was a passenger in but against another vehicle of which the insurers have Article 75 status.

Is there any case law on an Article 75 insurer’s ability to avoid its liability to meet a judgment in circumstances where the claimant was travelling in a stolen vehicle? The claim made is not against the insurer of the vehicle the claimant was a passenger in but against another vehicle of which the insurers have Article 75 status.

Article 75 is an agreement between the Motor Insurers’ Bureau (the MIB) and its members under which the motor insurer will accept liability in certain...

Practice notes

Was the damage foreseeable?

Was the damage foreseeable?The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach...
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19th May
Practice notes

Psychiatric injury—primary victims

Psychiatric injury—primary victimsDefining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident...
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19th May
Practice notes

The employer’s duty of care

The employer’s duty of careOverriding dutiesAt common law, an employer is under a duty to take reasonable care of the health and safety of its...
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19th May
Practice notes

Future loss of earnings—personal injury claims

Future loss of earnings—personal injury claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor...
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19th May
Practice notes

Duty of care and breach in clinical negligence claims

Duty of care and breach in clinical negligence claimsThe duty of careA medical practitioner owes a duty of care to their patient. This duty is to take...
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Produced in partnership with Andrew Ritchie QC of 9 Gough Chambers 19th May
Practice notes

Vicarious liability in the course of employment—the close connection test

Vicarious liability in the course of employment—the close connection testTo identify the circumstances in which a court may find an employer to be...
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Produced in partnership with Andrew Wilson 19th May
Practice notes

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...
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19th May
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

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

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

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
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
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

Low Velocity Impact RTAs—in detail

Low Velocity Impact RTAs—in detailIntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and...
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Produced in partnership with Andrew Wilson 19th May
Practice notes

Fixed costs in road traffic accident claims

Fixed costs in road traffic accident claimsPre-Action Protocol for Low Value Personal Injury Claims in Road Traffic AccidentsThe protocol applies to...
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19th May

Most recent Norwich Pharmacal order content

Practice notes

Norwich Pharmacal orders (NPOs)

Norwich Pharmacal orders (NPOs)Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by...
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5th Jun
Practice notes

Norwich Pharmacal orders—procedure for application

Norwich Pharmacal orders—procedure for applicationCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be...
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5th Jun
Precedents

Drafting note for application notice for a Norwich Pharmacal order

Drafting note for application notice for a Norwich Pharmacal orderIntroductionThe application should be made using:—Form N244 generally—Form N244(CC)...
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5th Jun
Precedents

Claim form—Norwich Pharmacal order

Claim form—Norwich Pharmacal order

You will

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5th Jun
Precedents

Order for a Norwich Pharmacal order

Order for a Norwich Pharmacal orderClaim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR...
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5th Jun
Precedents

Witness statement in support of application for a Norwich Pharmacal order

Witness statement in support of application for a Norwich Pharmacal orderFiled on behalf of the [Claimant OR Defendant]Witness statement of [insert...
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5th Jun

Popular documents

Liquidated damages in construction contracts

Liquidated damages in construction contracts

Liquidated damages in construction contractsThis Practice Note explains what liquidated and ascertained damages (LADs/LDs) are and their purpose in a building contract. It considers the difference between liquidated damages and general (or unliquidated) damages and looks at the enforceability of

Multilateral Trading Facilities (MTFs)

Multilateral Trading Facilities (MTFs)

Multilateral Trading Facilities (MTFs)BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. Following IP completion day, key transitional arrangements come to an end and

Contract interpretation—express terms in contracts

Contract interpretation—express terms in contracts

Contract interpretation—express terms in contractsExpress and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made

Derivative claim—what it is and when to use it

Derivative claim—what it is and when to use it

Derivative claim—what it is and when to use itA guide to specific terminology used in this Practice Note is provided—see below.What is a derivative claim?A derivative claim (or derivative action) is a claim brought or continued by a shareholder on behalf of the company in relation to a breach of