The following Practice Compliance precedent provides comprehensive and up to date legal information covering:
We recognise there are risks inherent in our practice.
We aim, as far as possible, to have a blame-free culture—we are all capable of making mistakes.
If prompt action is taken after a mistake has occurred, the error can often be rectified or the damage limited.
Responsibility for handling mistakes and negligence claims
[insert name of person nominated to receive internal claim/circumstance report forms] is responsible for handling:
mistakes that could give rise to a negligence claim against us (actionable mistakes)
actual negligence claims against us (including negligence claims that have been notified to us in some way but not yet formally commenced)
receive and record internal notifications of actionable mistakes, intended and actual claims
assess whether it is necessary to notify our insurers of the mistake or claim and, if so, notify our insurers
decide what action should be taken
manage our relationship with our insurers
maintain a register of actionable mistakes, intended and actual negligence claims and review this register on a[n] [monthly OR quarterly OR annual] basis to establish whether:
there are any patterns or trends
staff training is required on any particular legal, procedural or administrative issues
we should take any other action to minimise the risk of negligence claims in the future
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Statutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For more information, see Practice Note: What is a members' voluntary liquidation (MVL) and where/when is it typically used?Before the members can vote on a
ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise may be:•joint•several, or•joint and severalWhether an undertaking is joint, several, or joint and several in contract is a question of construction
Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes to prevent the legal owner from unconscionably denying the beneficial interest of another (known as the institutional constructive trust)•the
Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex), or if it is done by a person who is not conscious of what they are doing. The act may be described as involuntary, but will not be regarded as such
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.