Trips and slips

View PI & Clinical Negligence by content type:

Latest PI & Clinical Negligence News

Featured PI & Clinical Negligence content

Practice notes
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...
Read More >
Produced in partnership with Andrew Wilson 12th Jan
Practice notes
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...
Read More >
9th Nov
Practice notes
The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach of duty), and•that the...
Read More >
9th Nov
Practice notes
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...
Read More >
9th Nov
Practice notes
IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...
Read More >
Produced in partnership with Andrew Wilson 12th Jan
Practice notes
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...
Read More >
Produced in partnership with Andrew Wilson 12th Jan
Precedents
Brexit: The UK’s departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
Read More >
9th Nov
Practice notes
Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...
Read More >
9th Nov
Practice notes
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...
Read More >
9th Nov
Practice notes
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...
Read More >
9th Nov
Practice notes
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,...
Read More >
Produced in partnership with Andrew Wilson 12th Jan
Practice notes
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...
Read More >
Produced in partnership with Andrew Wilson 12th Jan
Practice notes
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...
Read More >
Produced in partnership with Louise Thomson 12th Jan
Practice notes
Pre-action protocol for low value personal injury claims in road traffic accidentsThe protocol applies to all road traffic accident (RTA)...
Read More >
9th Nov
Practice notes
The Limitation Act 1980 is referred to as LA 1980.The power to disapply the primary limitation periodWhen dealing with personal injury claims that...
Read More >
9th Nov
Practice notes
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...
Read More >
9th Nov

Most recent Trips and slips content

Practice notes
Types of accidentsA personal injury claimant who has been injured in an accident on a highway may claim that the maintenance, or the lack of it, of...
Read More >
9th Apr
Practice notes
Duty of careThe duty of care to highway users is set out in section 41 of the Highways Act 1980 (HiA 1980), which simply provides that the highway...
Read More >
9th Apr
Practice notes
The following defences may be advanced by an occupier.Contributory negligenceThe Law Reform (Contributory Negligence) Act 1945 has application in...
Read More >
Produced in partnership with Andrew Wilson 9th Apr
Practice notes
Post-1 October 2013On 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) rewrote section 47 of the Health and...
Read More >
9th Apr
Practice notes
BackgroundThe Occupiers’ Liability Act 1957 (OLA 1957) had been enacted to provide for a common duty of care owed by occupiers of premises. The duty...
Read More >
Produced in partnership with Andrew Wilson 9th Apr
Practice notes
The statutory defenceAs noted in the Practice Note: Establishing the dangerous condition of highways, the burden is on the claimant to establish a...
Read More >
9th Apr
Practice notes
Independent contractorsLiability for the negligence of independent contractorsSometimes premises will be left in a dangerous state as a result of...
Read More >
Produced in partnership with Andrew Wilson 9th Apr
Practice notes
HighwaysThe Highways Act 1980 is referred to as HiA 1980.For the purposes of identifying the correct defendant and cause of action, the starting point...
Read More >
9th Apr
Practice notes
Duties and responsibilities of parties and legal advisersPleadings—CPRBy CPR 16.5(2), where a defendant denies an allegation set out in the...
Read More >
Produced in partnership with Andrew Wilson 6th Apr
Practice notes
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...
Read More >
25th Mar
Q&As
We have assumed for the purposes of this Q&A that the claimant has not issued a claim form to the court in accordance with CPR Part 8 and CPR PD 8B...
Read More >
18th Mar
Precedents
Dear [insert organisation name]This offer is made pursuant to Part 36 CPRWe are instructed to put forward an offer which is made pursuant to Part 36...
Read More >
18th Mar
Precedents
Dear [insert organisation name]This offer is made pursuant to Part 36 CPRWe are instructed to put forward an offer which is made pursuant to Part 36...
Read More >
18th Mar
Practice notes
This Practice Note provides an overview of the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims...
Read More >
Produced in partnership with Sue Brown 4th Mar
Practice notes
This Practice Note aims to provide an overview of the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability)...
Read More >
Produced in partnership with Sue Brown 3rd Mar
Practice notes
Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) ClaimsThe protocol applies to all claims where:•either...
Read More >
3rd Mar
Practice notes
BackgroundThe Occupiers’ Liability Act 1957 (OLA 1957) was enacted to provide for a ‘common duty of care’ owed by occupiers of premises. The duty was...
Read More >
Produced in partnership with Andrew Wilson 3rd Mar
Practice notes
The Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (the EL/PL protocol) applies to claims valued...
Read More >
2nd Mar
Precedents
[In the High Court of JusticeORIn the county court at [insert]][[Specify division]][[Specify Specialist court]][[Insert location] District...
Read More >
14th Feb

Popular documents