Procedure

Procedure guidance:

ADR in the CPR The Civil Procedure Rules (CPR) state that litigation should be a last resort and, that the parties should consider whether negotiation or some other form...

Practice Note

Introduction This Practice Note provides an overview of the claims procedure to be used in clinical negligence cases following service of the initial statements of case....

Practice Note

Introduction The regulations, The National Health Service (Clinical Negligence Scheme for General Practice) Regulations 2019, SI 2019/334, which are effective from 1...

Practice Note

The NHS complaints procedure A patient’s search for a proper explanation about what went wrong, for an apology and for a promise that such mistakes will not be repeated...

Practice Note

Section 33(1) of the Limitation Act 1980 (LA 1980) allows the court to extend the three-year limitation period under LA 1980, s 11, if it is equitable to do so, having...

Practice Note

The National Health Service (NHS) England and Wales have a publicly funded health system. The Department of Health and Social Care (DHSC) controls the provision and the...

Practice Note

Limitation generally Section 2 of the Limitation Act 1980 (LA 1980) provides a general rule that an action founded on tort shall not be brought after expiry of six years...

Practice Note

The right to obtain disclosure The fundamental purpose of disclosure is to further the overriding objective by ensuring parties to litigation are on an equal footing. The...

Practice Note

°Not Present or No abnormality (e.g. J° “No jaundice”) +/-Uncertain/equivocal +Present or Noted ++Present Significantly +++Present in Excess #Fracture ↑Increasing, up...

Practice Note

Background The National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011, SI 2011/704 came into force on 1 April 2011. The...

Practice Note

Introduction Resolving claims by agreement is usually preferable to a trial. Claimants and defendants are spared the distress and cost of a trial, funders...

Practice Note

Overview In civil proceedings, surveillance evidence is most commonly used by defendants in personal injury claims. Its aim is to show any difference between the...

Practice Note

For the pre 6 April 2015 version, see Practice Note: The Pre-Action Protocol for the Resolution of Clinical Disputes—pre-6 April 2015 [Archived]. Background When the...

Practice Note

Note: A new version of the protocol applies from 6 April 2015. For the post-6 April 2015 Pre-Action Protocol, see Practice Note: The pre-action protocol for the...

Practice Note