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Latest PI & Clinical Negligence News

Conspiracy and deceit—dismissal of application for strike out/summary judgment (Raja v McMillan)

Conspiracy and deceit—dismissal of application for strike out/summary judgment (Raja v McMillan)

The following Dispute Resolution news provides comprehensive and up to date legal information on Conspiracy and deceit—dismissal of application for strike out/summary judgment (Raja v McMillan)

The operation and future of Practice Direction 3D and the Asbestos List

The operation and future of Practice Direction 3D and the Asbestos List

The following PI & Clinical Negligence news provides comprehensive and up to date legal information on The operation and future of Practice Direction 3D and the Asbestos List

Henderson v Henderson considered in context of unfair prejudice proceedings (Taylor Goodchild Ltd v Taylor and Scott Taylor Law Ltd)

Henderson v Henderson considered in context of unfair prejudice proceedings (Taylor Goodchild Ltd v Taylor and Scott Taylor Law Ltd)

The following Corporate news provides comprehensive and up to date legal information on Henderson v Henderson considered in context of unfair prejudice proceedings (Taylor Goodchild Ltd v Taylor and Scott Taylor Law Ltd)

Who to sue? Non-delegable duties of care to patients and vicarious liability for self-employed dentists (Hughes v Rattan)

Who to sue? Non-delegable duties of care to patients and vicarious liability for self-employed dentists (Hughes v Rattan)

The following Dispute Resolution news provides comprehensive and up to date legal information on Who to sue? Non-delegable duties of care to patients and vicarious liability for self-employed dentists (Hughes v Rattan)

Featured PI & Clinical Negligence content

Medco

Medco

MedcoSTOP PRESS: A new RTA small claims protocol for whiplash claims comes into effect for accidents occurring on or after 31 May 2021. The small...

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...

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...

Credit hire—an introduction

Credit hire—an introduction

Credit hire—an introductionReplacement vehicles and hire generallyWhere a driver’s vehicle has suffered damage in an accident sufficient for it to...

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

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

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

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
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
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

Applying for an interim payment order in personal injury claims

Applying for an interim payment order in personal injury claimsTiming and procedureA claimant can apply for an interim payment order after the end of...
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Produced in partnership with Andrew Wilson 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

Military claims

Military claimsBackgroundIt is helpful to put the law relating to military claims into historical context.Until 1987, section 10 of the Crown...
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19th May
Practice notes

Contributory negligence in road traffic accidents

Contributory negligence in road traffic accidentsIn some instances someone may suffer damage that results partly from their own fault and partly from...
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19th May
Practice notes

Misfeasance in public office

Misfeasance in public officeThe tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only...
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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 Accidents abroad content

Practice notes

Package holiday claims

Package holiday claimsNOTE: This Practice Note refers to Directive (EU) 2015/2302 (Package Travel and Linked Travel Arrangements Directive). The...
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2nd Aug
Practice notes

Road traffic accidents in the EU—jurisdiction and applicable law

Road traffic accidents in the EU—jurisdiction and applicable lawNOTE: The UK's departure from the EU has implications for practitioners considering...
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Produced in partnership with Andrew Wilson 31st Jul
Q&As

If a crew member is injured while flying, what jurisdiction should the claim be brought in?

If a crew member is injured while flying, what jurisdiction should the claim be brought in?It has not been indicated in the above facts the...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 31st Jul
Q&As

Where can I find a Precedent particulars of claim for food poisoning incurred while on a package holiday cruise?

Where can I find a Precedent particulars of claim for food poisoning incurred while on a package holiday cruise?We refer you to the following...
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31st Jul
Practice notes

Accidents arising from air travel

Accidents arising from air travelThe lawThere are two Conventions to consider governing the liability of air carriers for loss, injury and damage...
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31st Jul
Practice notes

Brexit implementation period—considerations for PI & Clinical Negligence claims [Archived]

Brexit implementation period—considerations for PI & Clinical Negligence claims [Archived]ARCHIVED: This Practice Note has been archived and is not...
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31st Jul
tag iconBrexit
Practice notes

Accidents at sea

Accidents at seaOriginally produced in partnership with Sarah Prager of 1 Chancery Lane. Updated in partnership with Andrew Wilson.NOTE: Since the UK...
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31st Jul
Practice notes

What does IP completion day mean for PI & Clinical Negligence claims?

What does IP completion day mean for PI & Clinical Negligence claims?This Practice Note addresses the implications of the UK leaving the EU after the...
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31st Jul
Practice notes

Claims for food poisoning under the Package Travel Regulations

Claims for food poisoning under the Package Travel RegulationsThis Practice Note will identify the factors that need to be considered when making a...
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Produced in partnership with Katherine Allen of Hugh James 31st Jul
Practice notes

Jurisdiction in foreign accident claims

Jurisdiction in foreign accident claimsNOTE: The UK’s departure from the EU and the completion of the Brexit transition or implementation period (IP...
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31st Jul
Practice notes

Choice of law in foreign accident claims

Choice of law in foreign accident claimsNOTE: The UK's departure from the EU has implications for practitioners considering applicable law. See...
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Produced in partnership with Andrew Wilson 31st Jul
Practice notes

Jurisdiction rules—personal injury

Jurisdiction rules—personal injuryIn international litigation, there may be a dispute between the parties as to where, ie in which jurisdiction, the...
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31st Jul
Practice notes

Accidents abroad—a practical guide

Accidents abroad—a practical guideOriginally produced in partnership with Sue Brown. Updated in partnership with Andrew Wilson.NOTE: The UK's...
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31st Jul
Q&As

Does the Montreal Convention's two-year limitation period for personal injuries occurring during a flight apply to cabin crew members or does the usual three-year limitation period apply?

Does the Montreal Convention's two-year limitation period for personal injuries occurring during a flight apply to cabin crew members or does the...
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31st Jul
Q&As

Do fixed or standard costs apply to claims brought under the Package Travel, Package Holidays and Package Tours Regulations 1992?

Do fixed or standard costs apply to claims brought under the Package Travel, Package Holidays and Package Tours Regulations 1992?For the purposes of...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 31st Jul
Q&As

What is the limitation period for an accident which occurred at sea? The claimant is a fisherman and was injured when he slipped on the vessel he was working on. The Merchant Shipping Act 1995 seems to apply only where the injury happens to someone on a different vessel and the Athens Convention applies to passengers. Can you direct me to any authority that dictates that the limitation period is less than three years (as long as English law applies)?

What is the limitation period for an accident which occurred at sea? The claimant is a fisherman and was injured when he slipped on the vessel he was...
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31st Jul
Q&As

Is there anything in the Civil Procedure Rules 1998 which precludes a claimant from bringing a claim because they leave the jurisdiction?

Is there anything in the Civil Procedure Rules 1998 which precludes a claimant from bringing a claim because they leave the jurisdiction?There is...
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31st Jul
Q&As

What is the limitation period for someone injured in an airliner that took off from Heathrow and landed in Bangkok? The injury sustained was scalding suffered over France.

What is the limitation period for someone injured in an airliner that took off from Heathrow and landed in Bangkok? The injury sustained was scalding...
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31st Jul
Q&As

What step crystallises the date of service when serving out of the jurisdiction using CPR 6.40, eg the law of the foreign defendant?

What step crystallises the date of service when serving out of the jurisdiction using CPR 6.40, eg the law of the foreign defendant?The rules...
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31st Jul
Practice notes

Brexit implementation period—enforcement [Archived]

Brexit implementation period—enforcement [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note considers...
Read More >
31st Jul
tag iconBrexit

Popular documents

Contract variation

Contract variation

Contract variationThis Practice Note summarises the law, guidance and practice relating to the variation of contracts and deeds. It explains how a contract or deed can be varied in writing, orally or by conduct, and also considers unilateral variation, waiver and sustained minor breach. It sets out

Indirect discrimination

Indirect discrimination

Indirect discriminationThis Practice Note considers unlawful indirect discrimination under Equality Act 2010 (EqA 2010).There is a clear difference between direct and indirect discrimination, and the two are mutually exclusive (although claims may of course be brought in the alternative):•the law

Affray

Affray

AffrayAffray is an offence created by the Public Order Act 1986 (POA 1986). It can be tried in either the magistrates’ court or the Crown Court. The magistrates’ court may decline jurisdiction where for example in cases involving a weapon/throwing objects, or conduct that causes serious

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the Landlord and Tenant Act 1954. They are intended to be used when completing the prescribed form under the Landlord and Tenant Act 1954, Part 2 (Notices)