About PI & Clinical Negligence Topics we cover Our experts Our Top Sources News Practice Notes Precedents Q&As Featured Glossary

About PI & Clinical Negligence

In the wake of the Jackson Review and the Legal Services Act 2011 and the forthcoming implementation of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, the competition for personal injury work is more intense than ever. Personal injury lawyers of all kinds are under immense pressure not only to turn work around faster, but expand into what might be new and unfamiliar areas (e.g. clinical negligence or occupational disease).

Establishing legal liability

Key practice note looking at the courts’ approach when deciding if a duty of care is owed by the defendant, including claims for novel situations, psychiatric injury, omissions and claims involving public authorities.

Types of claim

This content deals with the duty of care owed by road users to others in road traffic accidents, including car drivers or motorists, passengers, pedestrians, cyclists and the standard of care.

Litigation

See what court to issue your claim in depending on the value of the claim and other factors. We look at the type of claims the specialist courts deal with and provide guidelines that need to be adhered to.

Sentencing and Punishment of Offenders Act 2012

After the Jackson Review, the Legal Services Act 2011, and implementation of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, competition for work is intense. PI lawyers must know new and unfamiliar areas.

Our Top Sources

GET A TRIAL

Latest PI & Clinical Negligence Q&As

Q&As
What is the interaction between the Third Parties (Rights Against Insurers) Act (both 1930 and 2010) and vicarious liability? Can vicarious liability claims succeed against insurers directly? What are the Claimant’s options where the Defendant is insolvent, impecunious or otherwise unavailable but insurance exists? Lastly, does vicarious liability supersede policy exceptions in order to compensate Claimants?
Q&As
This question concerns the operation of section 151 of the Road Traffic Act 1988 (RTA 1988). Where a party 1 sells his vehicle to a party 2 but does not cancel his insurance policy, if party 2 remains uninsured and has an accident, the insurer for party 1 is obliged to pay out under RTA 1988, s 151. In this situation, can the insurer seek recovery of these costs from party 1 and/or party 2?
Q&As
If the owner of a motor vehicle sells said vehicle to a new owner who subsequently causes a road traffic collision prior to obtaining valid insurance cover themselves, but before the previous owner has cancelled their policy are the insurers of the previous owner liable for the loss caused by the new owner and, if so, are the insures of the previous owner entitled to recover their losses from the previous owner? Would any claim against the previous owner be subject to the standard six-year limitation period or would an alternative period apply?
Q&As
Does a CFA have to include a success fee to be enforceable?
Q&As
Are there any specific guidelines or recommendations from any official body, which state explicitly that clinicians have a responsibility to put in place a safe and appropriate care pathway for patients, and that they remain responsible for the patient after discharge?
Discover our PI & Clinical Negligence Q&As
VIEW Q&As

Associated legal terms

Real estate investment trust (REIT)

See UK real estate investment trust (UK REIT)

Settlor interested trust

The settlor interested rules are anti-avoidance rules, aimed at ensuring that a settlor cannot avoid tax on assets of which they are not fully divested. Whether a trust is settlor interested will depend on the particular tax in question.

Soft FM Contractor (also known as Soft FM Sub-contractor)

The contractor appointed by Project Co to carry out the Soft FM Services.
Discover our PI & Clinical Negligence legal terms
VIEW Glossary

Try it for free for 7 days

No Credit Card Required

No Downloads Necessary

**Trials are provided to all LexisNexis content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisNexis services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.