ARCHIVED: This Practice Note has been archived and is not maintained.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 9 February 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: • Elizabeth Boulden and Cressida Mawdesley-Thomas, barristers at 12 KBW, discuss the Vaccine Damages Payments Act 1979, its impact on the coronavirus (COVID-19) vaccine and whether it is fit for purpose. See News Analysis: The Vaccine Damages Payments Act 1979 and the coronavirus (COVID-19) vaccine • Approximately £240m in personal injury claims

ARCHIVED: This Practice Note has been archived and is not maintained.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 10 February 2025. For developments that pre-date this horizon scanner, reference should be made to PI and Clinical Negligence horizon scanning—overview. Key PI and clinical negligence developments Ministry of Justice sets new personal injury discount rate at positive 0.5% The Lord Chancellor, Rt Hon Shabana Mahmood MP, announced a new personal injury discount rate of positive 0.5% for England and Wales to be effective from 11 January 2025. This new rate is applied when calculating lump sum compensation payments for future financial losses in personal injury cases. The Lord Chancellor concluded that it would be inappropriate to adopt a dual or multiple rate at this review and that the rate should be set at a single rate of positive 0.5%. This decision follows a comprehensive review process under the Damages Act 1996, which included two calls for

ARCHIVED: This Practice Note has been archived and is not maintained.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 31 January 2024. 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 Annual survey for hours and earnings figures released for 2023 The Office for National Statistics (ONS) published the 2023 provisional results for earnings from the annual survey of hours and earnings. The results are annual estimates of paid hours worked and earnings for UK employees categorised by sex and full-time and part-time work. See: LNB News 01/11/2023 66. MoJ opens consultation into increasing selected court and tribunal fees The Ministry of Justice (MoJ) opened a consultation seeking views on a proposal to increase selected court and tribunal fees, to partially reflect changes in the general level of prices. The MoJ has said that the proposals are to make increases

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 1 July 2022. For the most recent horizon scanner, reference should be made to PI and Clinical Negligence horizon scanning—overview. Key PI & Clinical Negligence developments Sixteenth edition of the Judicial College Guidelines is published The 16th edition of the Judicial College Guidelines (JCG) has been published over two years after the publication of the 15th edition. The JCG is usually the starting point for practitioners and courts when valuing general damages for personal injury and clinical negligence claims. The figures in the sixteenth edition reflect the general increase in inflation since the last edition. See: LNB News 11/04/2022 2. MoJ reports approved amendments to Low Value Personal Injury Pre-action Protocol The Ministry of Justice (MoJ) has reported the approved amendments to the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims

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 June 2020. For the most recent horizon scanner, reference should be made to PI and Clinical Negligence horizon scanning—overview. New special account rate The Ministry of Justice has announced the reduction of interest rates for Court Funds Office special and basic accounts from 1 June 2020. The special account rate has reduced from 0.5% to 0.1% and the basic account has reduced from 0.1% to 0.05%. The Lord Chancellor will further review the level of interest paid to clients should the Bank of England base rate rise in the future. See News Analysis: Changes to interest rates for Court Funds Office special and basic accounts and LNB News 01/06/2020 25. 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

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 23 March 2022. For the most recent horizon scanner, reference should be made to PI and Clinical Negligence horizon scanning—overview. CPR updates Small claims limit for non-road traffic accident personal injury claims rising from £1,000 to £1,500 The Civil Procedure (Amendment) Rules 2022 is amending the small claims limit for non-road traffic accident personal injury claims from £1,000 to £1,500. It comes into force on 6 April 2022. See: LNB News 04/02/2022 42. CPR changes and 140th practice direction update Upcoming Civil Procedure Rules (CPR) changes, provided for by the Civil Procedure (Amendment) Rules 2022, SI 2022/101 will come into force on 6 April 2022. The rules will amend CPR 2 (definitions), CPR 10 (acknowledgment of service), CPR 12 (default judgments), CPR 26 (small claims track limit), CPR 39 (anonymisation), CPR 47 (authorised costs officers) and

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 28 March 2023. For the most recent horizon scanner, reference should be made to PI and Clinical Negligence horizon scanning—overview. Key PI & Clinical Negligence developments QOCS changes in April 2023—the practical and tactical implications for claimants and their solicitors April 2023 will usher in significant changes to the qualified one-way costs shifting (QOCS) regime. The effect of the changes will permit defendants to enforce costs orders made in their favour against costs orders made in favour of claimants. Defendants will also be able to enforce costs orders in the overwhelming majority of cases in which the claim is concluded by way of acceptance of Part 36 offers or Tomlin Orders. The changes apply to claims issued on or after 6 April 2023. Colm Nugent and Martyn Griffiths of Gatehouse Chambers consider these changes, what impact they will

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 11 May 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: • Coronavirus (COVID-19)—ABI further extends Statement of Intent to June 2021—LNB News 27/04/2021 51 • Coronavirus (COVID-19)—HMCTS issues updated guidance for those accessing RCJ—LNB News 15/04/2021 58 • James Petts, barrister at The 36 Group, provides a barrister’s perspective on the impact of coronavirus (COVID-19) on civil litigation in England & Wales. See News

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 19 May 2023. For the most recent horizon scanner, reference should be made to PI and Clinical Negligence horizon scanning—overview. Key PI & Clinical Negligence developments Analysis of the proposed implementation of the extended fixed recoverable costs regime The Civil Procedure Rule Committee (CPRC) has released draft amendments required for the implementation of the extension of the fixed recoverable costs regime. Andrew Crisp, associate at Clarion Solicitors, examines the amendments and the implications. See News Analysis: Analysis of the proposed implementation of the extended fixed recoverable costs regime. Fixed costs for noise induced hearing loss cases From 1 October 2023, noise induced hearing loss claims will be subject to fixed recoverable costs. The new provisions implement the recommendations made by the Civil Justice Council’s (CJC) working group on fixed costs for Noise Induced Hearing Loss (NIHL)

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 30 April 2024. For developments that pre-date this horizon scanner, reference should be made to PI and Clinical Negligence horizon scanning—overview. Key PI and clinical negligence developments Judicial College Guidelines, 17th Edition now available on Lexis+ The 17th Edition of the Judicial College Guidelines are now available on Lexis+. You can access them via Butterworths Personal Injury Litigation Service (BPILS), Division IX, Quantum Summaries. See: Butterworths Personal Injury Litigation Service, Division IX, Quantum Summaries. Tenth edition of the King's Bench guide published The tenth edition of the King’s Bench Guide has been published on 19 April 2024. The release notes highlight the following changes: • updated guidance on open justice, anonymity and non disclosure orders • updated guidance on contempt applications • updated guidance as to resources available to litigants in person • updated guidance

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 30 October 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 Minutes from Official Injury Claim Advisory Group’s 19 July 2023 meeting published The Ministry of Justice (MoJ) has published the minutes from the Official Injury Claim (OIC) Advisory Group’s meeting on 19 July 2023. Attendees included the Chair and Secretariat from the MoJ, OIC service operators from the Motor Insurers’ Bureau (MIB), the Association of Personal Injury Lawyers (APIL), Motor Accident Solicitors Society (MASS), Forum of Insurance Lawyers (FOIL), Association of British Insurers (ABI) and HM Courts and Tribunals Service (HMCTS). In this meeting, the MIB provided an overview of the latest OIC data, information on filtering dormant claims and provided updates on user and member feedback. It also discussed

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 2020. For the most recent horizon scanner, reference should be made to PI and Clinical Negligence horizon scanning—overview. Accommodation claims—Swift v Carpenter On 9 October 2020, the Court of Appeal handed down the long awaited judgment in Swift v Carpenter which involved reconsideration of the mechanism for assessing the loss to a claimant of having to fund the purchase of special alternative accommodation. The previous mechanism, derived from the decision in Roberts v Johnstone, was challenged as being ‘unfit for purpose’, both by reason of the current negative discount rate which produced a nil valuation in all cases, and more generally. What did the court decide? The Court of Appeal held that Roberts v Johnstone does not give full and fair compensation and should be replaced. Instead, a new mechanism has been created,