The Parliamentary and Health Service Ombudsman (PHSO) and NHS Resolution (NHSR) have signed a Memorandum of Understanding (MoU) to strengthen collaboration between the two organisations. The MoU facilitates information sharing on emerging safety issues, recurring failings and operational pressures across the health system. It also aims to improve demand planning by recognising that rising complaint volumes may indicate future claims. Additionally, the MoU will standardise signposting between the organisations, clarify their roles for service users and improve communication during concurrent investigations.

The Parliamentary and Health Service Ombudsman (PHSO) has published findings from a recent investigation into the Windrush Compensation Scheme, following a complaint from Thomas Tobierre, 71, and his daughter Charlotte, 41, regarding the handling of their case. The PHSO found that Mr. Tobierre’s claim was not properly processed and that the scheme did not adequately assess the impact of excluding private pension losses. Mr. Tobierre came to the UK from St Lucia at seven years old in 1960 and married his wife Caroline, a British citizen, in 1975. In June 2017 Mr. Tobierre was made redundant at work after over 40 years of service. He was then unable to find employment as he could not prove his right to work and reside in the UK and was forced to live on his savings and cash in his private pension worth around £14,000. In light of the Windrush Scandal, Mr. Tobierre was granted the right to work and live in the UK and he returned to work in 2018, however, his wife Caroline was diagnosed with late stage cancer and a brain tumour a few weeks after this. Mr. Tobierre made a claim to the Windrush Scheme in July 2019 for the loss of earnings, pension and the impact this had on his life. After multiple reviews, which include the Home Office refusing to compensate for the loss of private pension, he accepted the revised offer in January 2021. Mrs. Tobierre applied in August 2021 to the Windrush Scheme compensation for financial hardship and disruption to family life caused by the restrictions imposed on her husband. Her application, which was done at a time when she only had six months to live, was expedited for her to settle her affairs which included funeral arrangements. Mrs. Tobierre passed away in November 2021 before her claim was resolved and Mr. Tobierre accepted a revised compensation offer on her behalf a month later. Following her death, the Windrush Scheme contacted the family requesting detailed financial information for an urgent funeral payment, which the PHSO notes caused unnecessary and avoidable stress.

The Parliamentary and Health Service Ombudsman (PHSO) has published a report calling for urgent improvements to the process and communications regarding ‘Do Not Attempt Cardiopulmonary Resuscitation' (DNACPR). The PHSO’s casework and research demonstrates that whilst the coronavirus (COVID-19) pandemic highlighted problems, these continue to persist. Key findings include: (1) a lack of accessible information given at the time or before DNACPR conversations take place; (2) issues with record-keeping and documenting decisions, with up-to-date information not following a patient through the medical system and, (3) a lack of public awareness about CPR and who is responsible for making a DNACPR decision.

Law360: The Parliamentary and Health Service Ombudsman has reportedly launched an inquiry into findings by Lane Clark & Peacock (LCP) that tens of thousands of older women may be entitled to a higher rate of state pension than they are currently receiving.

Pressurised Heavy Water Reactor: A reactor type which uses natural uranium as its fuel and heavy water as the coolant e.g. CANDU. The Canadian CANDU design is the most common example.

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is a summary of the key legal developments of relevance to personal injury and clinical negligence practitioners as of 20 October 2021. For the most recent horizon scanner, reference should be made to PI and Clinical Negligence horizon scanning—overview. Costs Qualified one-way costs shifting (QOCS) The issue before the Supreme Court in Ho v Adelekun was whether it is permissible in claims to which qualified one-way costs shifting applies to order set off of a defendant’s costs against a claimant’s costs. The court unanimously held that, as a matter of construction, set off in this context was a species of enforcement and therefore precluded where it exceeded the cap reflecting the sum of any orders for damages and interest made in favour of the claimant. Therefore, where there is no such order (eg because the claim concludes by settlement rather than by order, or is dismissed), a defendant cannot recover any of its costs absent some other exception

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is a summary of the key legal developments of relevance to personal injury and clinical negligence practitioners as of August 2020. For the most recent horizon scanner, reference should be made to PI and Clinical Negligence horizon scanning—overview. Ogden 8 On 17 July 2020, the Government Actuary’s Department published the eighth edition of the Ogden Tables. In this new edition, the explanatory notes have been completely rewritten and expanded to cover pension loss claims and periodical payment orders. The actuarial tables have been revised to use updated mortality assumptions and to cover a wider range of retirement ages. The main changes contained in Ogden 8 are: • the expansion of the life expectancy section in Section A and​​ new guidance and examples on the interpolation of multipliers and calculating split multipliers for variable losses • revision of Section B which incorporates new guidance on when and how to depart from the ​​suggested Table A–D reduction

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is a summary of the key legal developments of relevance to personal injury and clinical negligence practitioners as of 2 August 2021. For the most recent horizon scanner, reference should be made to PI and Clinical Negligence horizon scanning—overview. Coronavirus (COVID-19) To stay ahead of the fast-moving changes in the courts’ processes and procedures necessitated by the pandemic and for industry guidance on how to manage cases during the pandemic including medical examinations, service and limitation, see Practice Note: Coronavirus (COVID-19) implications for PI and clinical negligence [Archived]. For details on recent developments in this area for PI and clinical negligence claims, see: • NHS Coronavirus (COVID-19) Clinical Negligence Protocol 2020 updated—LNB News 29/07/2021 73 • Coronavirus (COVID-19)—ABI further extends Statement of Intent to 13 August 2021—LNB News 13/07/2021 30 • Coronavirus (COVID-19)—courts and tribunals guidance updated—LNB News 26/07/2021 25 • MOJ publishes the impact on the Court Funds Office as a result of Coronavirus (COVID-19)—LNB

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is a summary of the key legal developments of relevance to personal injury and clinical negligence practitioners as of 7 August 2023. For developments that pre-date this horizon scanner, reference should be made to PI and Clinical Negligence horizon scanning—overview. Key PI & Clinical Negligence developments UK Supreme Court grants appeal in whiplash test case The UK’s top court said on 7 June 2023 that it has granted an appeal to insurers in a test case over how ‘hybrid’ personal injury claims are valued. See News Analysis: Permission to appeal to UKSC granted in whiplash test case. MoD publishes Armed Forces Compensation Scheme and Veterans Welfare Reviews The Ministry of Defence (MoD) has published the Quinquennial Armed Forces Compensation Scheme and Veterans Welfare Reviews. The reviews provide recommendations to improve the experience of those requiring veterans’ welfare or compensation services. The recommendations from the Veterans Welfare Review focus on the roles, governance and delivery of services

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is a summary of the key legal developments of relevance to personal injury and clinical negligence practitioners as of 16 December 2020. For the most recent horizon scanner, reference should be made to PI and Clinical Negligence horizon scanning—overview. Coronavirus (COVID-19) To stay ahead of the fast-moving changes in the courts’ processes and procedures necessitated by the pandemic and for industry guidance on how to manage cases during the pandemic including medical examinations, service and limitation, see Practice Note: Coronavirus (COVID-19) implications for PI and clinical negligence [Archived]. For details on recent developments in this area for Pi and clinical negligence claims, see: • Association of British Insurers and Association of Consumer Support Organisations further extend Statement of Intent to 15 January 2021​—see: LNB News 02/12/2020 24 • Coronavirus (COVID-19)—Foreign Process Section’s availability update (November 2020) • RCJ fees office to reopen to public from 7 December 2020—LNB News 27/11/2020 57 • In-person medical examinations

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is a summary of the key legal developments of relevance to personal injury and clinical negligence practitioners as of 2 December 2021. For the most recent horizon scanner, reference should be made to PI and Clinical Negligence horizon scanning—overview. Coronavirus (COVID-19) To stay ahead of the fast-moving changes in the courts’ processes and procedures necessitated by the pandemic and for industry guidance on how to manage cases during the pandemic including medical examinations, service and limitation, see Practice Note: Coronavirus (COVID-19) implications for PI and clinical negligence [Archived]. Pre-action CJC publishes interim report and launches consultation on pre-action protocols The Civil Justice Council (CJC) interim report on the subject of pre-action protocols (PAPs) was published on 15 November 2021. See: LNB News 16/11/2021 7. PI Subcommittee consider PI PAPs in interim report The CJC has published its Interim Report on the subject of PAPs and opened a consultation seeking views on the future

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is a summary of the key legal developments of relevance to personal injury and clinical negligence practitioners as of 14 December 2022. For the most recent horizon scanner, reference should be made to PI and Clinical Negligence horizon scanning—overview. Key PI & clinical negligence developments How does the ASHE data released in October 2022 impact personal injury claims? Jodie McAuley, senior associate at Clyde & Co, and Kate Mikolajewski, Solicitor and Catastrophic and Large Loss Injury manager at Clyde & Co, discuss the changes introduced by the Office for National Statistics (ONS) including the practical considerations to consider when dealing with periodical payment orders. See News Analysis: How does the ASHE data released in October 2022 impact personal injury claims?. Law bodies call for urgent changes to court system A body representing solicitors warned on 17 November 2022 that cuts to justice spending would likely lead to a complete system breakdown following the UK government's