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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
A litigant in person has filed a list of documents for disclosure but has not filed a disclosure statement. Does CPR 31.21 apply and is there an automatic sanction for failure to provide a disclosure statement? Can the litigant rely on the documents without permission from the court or have relief from the sanctions?
Q&As
When disclosing documents, a series of photos have been included of historical documents, such as of winding-up petition documents. The other party receiving the documents has asked to know the source of the photos. Is the party obliged to tell the receiving party the source of the photos?
Q&As
What types of privilege might apply to a letter from the other party’s expert which was received in support of pre-action correspondence, where that expert’s letter was neither headed confidential nor without prejudice?
Q&As
When completing a List of Documents (N265) is it necessary to list those items which the other party already disclosed? For example, if a Defendant disclosed a Claimant's occupational records should they appear on the Claimant's List of Documents? Similarly, should documents provided by a Defendant in support of a denial of liability be listed on the Claimant's List of Documents? They are relevant to the claim but the Defendant already has them.
Q&As
Trustees under a discretionary trust have obtained and paid for counsel's advice on three occasions and have disclosed and waived privilege in relation to two of the opinions but not the third. Are the beneficiaries of the trust entitled to disclosure and inspection of—all three opinions and the instructions and supporting documentation given to counsel for all three opinions? Will privilege attach to any of these documents?
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Associated legal terms

Backhaul (network)

The intermediate link between the core or backbone network and the access network, ie the connection between typically distributed aggregation or access points and more centralised points of presence (PoP)—eg connecting wireless base stations to the corresponding base station controllers, connecting DSLAMs to the nearest ATM or Ethernet aggregation node or connecting a submarine communications cable system landing point with the main terrestrial electronic communications network. Backhaul technologies include: microwave transmission and access technologies (eg WiMAX), dark fibre, xDSL, SDH or Ethernet.

NEA

Nuclear Energy Agency: A specialised agency within the OECD. The mission of the NEA is to assist its Member countries in maintaining and further developing, through international co-operation, the scientific, technological and legal bases required for the safe, environmentally friendly and economical use of nuclear energy for peaceful purposes.

Warning

A warning is a notice issued out of the nominated registry warning the caveator to enter an appearance to the warning or issue and serve a summons setting out his objection to the sealing of the grant.
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