Accidents abroad

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Latest PI & Clinical Negligence News

PI & Clinical Negligence weekly highlights—15 April 2021

The following PI & Clinical Negligence news provides comprehensive and up to date legal information on PI & Clinical Negligence weekly highlights—15 April 2021

Variations to costs budgets—principles surrounding significant developments and the promptness of the application (Persimmon Homes Ltd v Osborne Clark LLP)

The following Dispute Resolution news provides comprehensive and up to date legal information on Variations to costs budgets—principles surrounding significant developments and the promptness of the application (Persimmon Homes Ltd v Osborne Clark LLP)

Claimant succeeds on limitation and causation in asbestosis claim (Balls v Reeve)

The following PI & Clinical Negligence news provides comprehensive and up to date legal information on Claimant succeeds on limitation and causation in asbestosis claim (Balls v Reeve)

Fundamental dishonesty—what to plead (Mustard v Flower)

The following PI & Clinical Negligence news provides comprehensive and up to date legal information on Fundamental dishonesty—what to plead (Mustard v Flower)

Featured PI & Clinical Negligence content

False imprisonment

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

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...

CRU certificates—recoverable benefits and lump sum payments

Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...

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...

Practice notes

Smith v Manchester awards

The nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability resulting from an injury,...

9th Nov

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

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

Catastrophic injury claims—heads of claim

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5...

Produced in partnership with Andrew Wilson 12th Jan

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

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

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

Fraud, exaggeration and LVIs in personal injury claims

DefinitionsFraudDefined in Derry v Peek as where it is shown that:'a false representation has been made (1) knowingly, or (2) without belief in its...

Produced in partnership with Andrew Wilson 12th Jan

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

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

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

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,...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

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...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Drafting counter schedules of loss in PI and clinical negligence claims

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5...

Produced in partnership with Louise Thomson 12th Jan

Practice notes

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)...

9th Nov

Practice notes

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...

9th Nov

Most recent Accidents abroad content

Practice notes

Accidents abroad—a practical guide

Originally produced in partnership with Sue Brown. Updated in partnership with Andrew Wilson.Note: The UK's departure from the EU has implications for...

14th Apr

Practice notes

Accidents at sea

Originally produced in partnership with Sarah Prager of 1 Chancery Lane. Updated in partnership with Andrew Wilson.NOTE: Since the UK applies the...

13th Apr

Practice notes

Accidents arising from air travel

The lawThere are two Conventions to consider governing the liability of air carriers for loss, injury and damage sustained in the course of, or...

9th Apr

Practice notes

Accidents arising from rail travel

Rail accidents occurring in the UKAn undertaker who is operating a railway under statutory authority (‘railway undertaker’) has a common law duty of...

9th Apr

Practice notes

Road traffic accidents in the EU—general principles

Note: The UK's departure from the EU has implications for practitioners considering road traffic accidents in the EU. See Practice Note: What does IP...

Produced in partnership with Andrew Wilson 9th Apr

Practice notes

Retained Rome II—the general rule and displacing the general rule

This Practice Note is for use when determining applicable law in the courts of England and Wales in respect of events giving rise to damage, where...

8th Apr

Practice notes

Rome II—the general rule and displacing the general rule

This Practice Note is for use when determining applicable law in respect of events giving rise to damage, where such events occurred on or before IP...

8th Apr

Practice notes

Retained Rome II—application and interpretation

This Practice Note is for use when determining applicable law in the courts of England and Wales respect of events giving rise to damage, where such...

8th Apr

Practice notes

Rome II—application and interpretation

This Practice Note is for use when determining applicable law in respect of events giving rise to damage, where such events occurred on or before IP...

8th Apr

Practice notes

Brexit implementation period—jurisdiction [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note considers the rules for determining which court has...

8th Apr

Brexit

Practice notes

Brexit implementation period—applicable law [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note considers the rules for determining the applicable law, also...

8th Apr

Brexit

Practice notes

Brexit implementation period—enforcement [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note considers the rules of dealing with the recognition and...

8th Apr

Brexit

Practice notes

Brexit implementation period—service of documents [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note considers the rules of service as they will apply in the time...

8th Apr

Brexit

Practice notes

Package holiday claims

NOTE: This Practice Note refers to the Archived Directive (EU) 2015/2302 (Archived Package Travel and Linked Travel Arrangements Directive) as it had...

8th Apr

Practice notes

Road traffic accidents in the EU—jurisdiction and applicable law

Note: The UK's departure from the EU has implications for practitioners considering road traffic accidents in the EU. See Practice Note: What does IP...

Produced in partnership with Andrew Wilson 7th Apr

Practice notes

Brexit post implementation period—CPR changes

This Practice Note sets out the changes to the Civil Procedure Rules set out in The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019,...

6th Apr

Brexit

Practice notes

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 end of the implementation or transition period (IP completion day)....

6th Apr

Precedents

Particulars of claim for a road accident in the EU incorporating a direct right of action against the motor insurer—claims issued on or before 31 December 2020

NOTE: This Precedent is relevant only to claims in respect of which proceedings have been commenced in the courts of England and Wales on or before 31...

29th Mar

Practice notes

RTA, EL/PL and Package Travel protocols—consequential amendments to Part 36 offers to settle

This Practice Note only contains provisions effective from 6 April 2015 onwards for claims which have followed the RTA or EL/PL Protocol and from 7...

25th Mar

Practice notes