Procedure

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Clinical negligence new starter guide

Clinical negligence new starter guide is aimed at claimant and defendant paralegals, trainee solicitors and those who are starting out in clinical negligence practice. It provides an introduction to the topic, factors to be aware of and a summary of the key steps in commencing, running and responding to a claim.

Pre-action protocols

The Pre-Action Protocol for the Resolution of Clinical Disputes (Clinical Disputes Protocol) is designed to encourage a climate of openness when something has gone wrong with a patient’s treatment or the patient is dissatisfied with medical treatment. It sets out a timed sequence of steps for patients and health care providers to follow when a dispute arises. It is designed to speed up the exchange of relevant information and increase the prospects of dispute resolution without resorting to legal action. This protocol is now regarded by the courts as setting the standard of normal reasonable pre-action conduct for the resolution of clinical disputes. For further guidance, see Practice Note: The Pre-Action Protocol for the Resolution of Clinical Disputes—6 April 2015 onwards.

The protocol now makes specific reference

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Latest PI & Clinical Negligence News

UK government backs legal tech to modernise dispute resolution

Law360, London: The government is committed to investing in legal technology as part of its growth agenda and to help ensure that dispute resolution 'evolves with the times', a minister told a legal conference in London on 3 June 2025.

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Law360, London: The government should introduce legislation to reverse a controversial UK Supreme Court decision that reversed litigation financing, and make clear that commonly used funding agreements are enforceable, a government advisory body recommended 2 June 2025.

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Law360, London: A government-backed review has set out 58 recommendations to reform the litigation funding sector in England and Wales, in a move that could deliver a significant boost to third-party funders after two years of uncertainty.

PI & Clinical Negligence weekly highlights—5 June 2025

This week's edition of PI & Clinical Negligence weekly highlights includes news of interest rate reductions for Court Funds Office accounts effective 30 May 2025 following a decrease in the Bank of England’s base rate, and a new guide for the Court of Appeal (Civil Division) introducing mandatory electronic filing and streamlined procedures for civil appeals. We consider a High Court decision where a teenage passenger’s claim for brain damage from a motorbike accident was reduced by 20% for contributory negligence for not wearing a helmet and accepting a ride from an inexperienced rider. We also bring you a workplace COVID-19 appeal that was allowed due to errors in applying the causation test during summary judgment, and a claim involving occupational injury from acoustic shock that was dismissed after the required diagnostic criteria were not met. In addition, we have our usual round-up of other news, cases and New Law Journal articles of interest and we have included a free webinar.

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