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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.

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Latest PI & Clinical Negligence Q&As

Q&As
My client/counsel/instructing solicitor/expert witness/third party provider/other key stakeholder is unwell and unable to give instructions and/or otherwise complete work, etc eg to be able to issue prior to limitation expiring and/or to be able to give instructions, etc so as to meet any other court and/or other deadline (examples of third party providers include: the need for an approved transcript of the lower court judgment with any appellant’s notice where the client is seeking to appeal a judgment of the High Court to the Court of Appeal; translations—service/witness statements; third party disclosure providers; etc), what steps should we take?
Q&As
Where a claimant's offer under Part 36 of the Civil Procedure Rules 1998 is rejected by the defendant in proceedings under the Trusts of Land and Appointment of Trustees Act 1996, and the defendant then becomes legally aided, what implications could this have in relation to the final hearing and costs?
Q&As
What recourse is available where a party fails to sign a transfer of a property into another’s name pursuant to a consent order under the Trusts of Land and Appointment of Trustees Act 1996? Can an authorised person sign the transfer? If so pursuant to what power and what is the procedure?
Q&As
I am making an application which needs to be made promptly under the CPR rules.  What options are available to me if I cannot get the supporting evidence together due to coronavirus (COVID-19). Should I still file the application notice despite not having any supporting witness evidence?
Q&As
The limitation period for our client’s claim is due to expire shortly but I am concerned that it might not be possible to engage with the other side and/or issue the claim due to potential coronavirus (COVID-19) related issues (for example, relevant individuals being unwell or the court not operating as usual). How can we ensure that our client’s claim is preserved in these circumstances?
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Associated legal terms

Bolam test

The case of Bolam v Friern Hospital Management Committee [1957] 2 All ER 118 established the standard of care expected of somebody without special knowledge or skill: the test is the standard of the ordinary skilled man exercising and professing to have that special skill.

First-tier Tribunal Local Government Standards in England

With effect from 18 January 2010 the First-tier Tribunal has assumed the role and functions of the former Adjudication Panel for England ie to determine references and appeals concerning the conduct of members of local authorities under the Local Government Act 2000, pt III.

Issued for construction (IFC)

These are drawings which are issued by the client prior to the relevant works being carried out—they are at the stage where the design can be relied upon for the purposes of construction. Generally, IFC drawings will have been reviewed and approved by relevant authorities and client team members ('approved for construction'). These may not reflect the final, as built product.
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