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Latest PI & Clinical Negligence News

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 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)

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)

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

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 amenityValuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of...

Motor claims in the Portal—a practical guide (Stage 1)

Motor claims in the Portal—a practical guide (Stage 1)The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents—30 April...

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

Smith v Manchester awards

Smith v Manchester awardsThe nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability...

19th May

Practice notes

Did the claimant consent to the risk of injury?

Did the claimant consent to the risk of injury?The essence of a defence of volenti non fit injuria (‘to a willing person, no injury is done’) is that...

19th May

Practice notes

CRU certificates—recoverable benefits and lump sum payments

CRU certificates—recoverable benefits and lump sum paymentsSeparate legislation covers the recovery of NHS charges. For guidance on requesting and...

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...

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...

Produced in partnership with Andrew Ritchie QC of 9 Gough Chambers 19th May

Practice notes

Product liability—claims in negligence

Product liability—claims in negligenceThe duty of careThe general principles of negligence apply, namely that the claimant has to establish that the...

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,...

Produced in partnership with David Willink of Lamb Chambers 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...

Produced in partnership with Louise Thomson 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...

Produced in partnership with David Green of 12 King's Bench Walk 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...

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...

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...

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...

Produced in partnership with Andrew Wilson 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...

Produced in partnership with Louise Thomson 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...

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...

19th May

Most recent Product liability content

Practice notes

Defences to a claim under the Consumer Protection Act 1987

Defences to a claim under the Consumer Protection Act 1987Limitation or exclusion of liability for defective products in any contract term, notice or...

31st Jul

Practice notes

Getting the Deal Through: Product Liability 2020

Getting the Deal Through: Product Liability 2020Jurisdictions coveredThe following jurisdictions are covered in this report:Australia; China; European...

31st Jul

Practice notes

Claims for implanted medical devices

Claims for implanted medical devicesGuidance on care standards for cosmetic procedures is provided by the General Medical Council and came into effect...

Produced in partnership with Conor Dufficy of 7 Bedford Row 31st Jul

Practice notes

Group Litigation Orders—costs and qualified one-way costs shifting

Group Litigation Orders—costs and qualified one-way costs shiftingCostsCPR 46.6(2) provides that generally group litigation costs are divided between...

31st Jul

Practice notes

Getting the Deal Through: Product Recall 2021

Getting the Deal Through: Product Recall 2021Jurisdictions coveredThe following jurisdictions are covered in this report:Australia; Denmark; France;...

31st Jul

Q&As

Should claims arising from defective products be submitted through the claims portal?

Should claims arising from defective products be submitted through the claims portal?There are two pre-action protocols which require claims within...

Produced in partnership with Christi Scarborough of 42 Bedford Row 31st Jul

Q&As

Is a claim for a defective medical implant run under the Pre-Action Protocol for the Resolution of Clinical Disputes and therefore a clinical negligence claim for the purposes of recovering part of the insurance premium from the defendant?

Is a claim for a defective medical implant run under the Pre-Action Protocol for the Resolution of Clinical Disputes and therefore a clinical...

31st Jul

Practice notes

Group Litigation Orders—introduction

Group Litigation Orders—introductionWhat is a group litigation order?Multiple claims can be managed by the court under a group litigation order (GLO)....

Produced in partnership with Andrew Wilson 31st Jul

Practice notes

Product liability—causes of action

Product liability—causes of actionBreach of a contract entered into before 1 October 2015Breach of a contract entered into on or after 1 October...

31st Jul

Practice notes

Claims under the Consumer Protection Act 1987

Claims under the Consumer Protection Act 1987Nature of rights under the Consumer Protection Act 1987It is important for practitioners to understand...

31st Jul

Practice notes

Product liability—claims in negligence

Product liability—claims in negligenceThe duty of careThe general principles of negligence apply, namely that the claimant has to establish that the...

31st Jul

Practice notes

Claims in contract for product liability cases

Claims in contract for product liability casesOverviewA defective product claim based on a breach of contract can be more straightforward than a claim...

31st Jul

Practice notes

Group Litigation Orders—procedure

Group Litigation Orders—procedureWho may apply for a group litigation order and when?It is worth noting that, subject to obtaining the appropriate...

Produced in partnership with Andrew Wilson 30th Jul

Precedents

Particulars of claim for defective hip replacement

Particulars of claim for defective hip replacementClaim No: [Insert]In the High Court of JusticeQueen’s Bench DivisionBetween[insert...

Produced in partnership with Conor Dufficy of 7 Bedford Row 30th Jul

Precedents

Letter of claim—product liability claim against drinks manufacturer by third party

Letter of claim—product liability claim against drinks manufacturer by third party[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT...

Produced in partnership with Thomas Evans of Henderson Chambers 30th Jul

Practice notes

General Product Safety Regulations 2005

General Product Safety Regulations 2005General Product Safety Regulations 2005The General Product Safety Regulations 2005, SI 2005/1803 (GPSR 2005)...

30th Jul

Practice notes

Defective products

Defective productsThis Practice Note summarises the law on defective products under the Consumer Protection Act 1987 (CPA 1987) and Council Directive...

Produced in partnership with Alison Newstead of Shook, Hardy & Bacon International LLP, Simon Castley of Shook, Hardy & Bacon International LLP and Marisa Pearce of Shook, Hardy & Bacon International LLP 30th Jul

Practice notes