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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
What is the effect of a party stating on their directions questionnaire that they intend to call no witnesses and in this scenario would the party themselves (ie the claimant or defendant) still be able to give evidence?
Q&As
What is the procedure for a witness adopting the contents of an initial witness statement if they are unable to attend trial to give oral evidence?
Q&As
When requesting a third party’s name or address for litigation purposes in a personal injury matter, I used to do this in accordance with section 35 of the Data Protection Act 1998, however, as the General Data Protection Regulation, Regulation (EU) 2016/679 (GDPR) has come into force since May 2018, what is the equivalent for section 35 within the GDPR?
Q&As
Where the insurance for the opposing party’s vehicle is in the name of the employer and that employer has dissolved, can the European Communities (Rights against Insurers) Regulations 2002 be used to issue against the insurer instead? My concern is that the regulation states that the ‘insurer shall be directly liable to the entitled party to the extent that he is liable to the insured person’ but are the insurers liable to the ‘insured person’ when their insured is the employer?
Q&As
Is there any case law or legislation to show that a conviction under the Dangerous Dogs Act 1991 is likely to be conclusive evidence of negligence in a dog attack claim?
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Associated legal terms

Generation I

The earliest commercial nuclear power stations designs, including Magnox in the UK.

Ordinary legislative procedure (EU)

Formerly known as co-decision and renamed by the Treaty of Lisbon this is the commonly used law making procedure by which the Parliament and Council of the EU approve new EU secondary legislation.

The Pensions Advisory Service

An independent and non-profit making organisation that provides free information and guidance to any individual who has a complaint or dispute with their occupational or personal pension arrangement.
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