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PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained.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 26 September 2022. For the most recent horizon scanner, reference should be made to PI and Clinical Negligence horizon scanning—overview. CPR updates CPR changes—in force 1 October 2022 Various upcoming Civil Procedure Rules (CPR) changes, provided for by the Civil Procedure (Amendment No 2) Rules 2022 will largely come into force on 1 October 2022. Amendments made to CPR 55 (possession claims), CPR 56 (landlord and tenant claims), and CPR 65 (crown proceedings) will come into force 1 December 2022. The rules will amend CPR 2 (application and interpretation of the rules), CPR 3 (court’s case management powers), CPR 4 (forms), CPR 5 (court documents), CPR 6 (service of documents), CPR 7 (How to start proceedings—the claim form), CPR 8 (alternative procedure for claims), CPR 12 (default judgment), CPR 15 (defence and reply), CPR 16 (statements of case),
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained.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 September 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 MoJ updates payment of court fees for whiplash guidance The Ministry of Justice (MoJ) has updated the guidance on the Whiplash Reform Programme to note the change in payment of court fees in road traffic accidents related personal injury claims under the new small claims track limit. MoJ has noted that the fees have increased from £275 to £303. See: LNB News 01/05/2024 60. Automated Vehicles Bill returns to House of Lords The UK Parliament has reported that the Automated Vehicles Bill has returned to the House of Lords for consideration of the House of Commons amendments. The House of Commons has proposed 11 amendments to Clauses 40, 43,
NEWS
This week's edition of PI & Clinical Negligence weekly highlights includes a Supreme Court refusal to permit appeal in a mesothelioma claim, a High Court road traffic accident claim, and two High Court clinical negligence cases involving contempt of court. We also include our usual round up of other news and cases.
NEWS
This week's edition of PI & Clinical Negligence weekly highlights includes a news analysis on the costs implications, where a conditional fee arrangement has been terminated mid-proceedings. We also include news of the Ministry of Justice’s updated criminal injuries compensation guidance and the Health and Social Care Committee’s inquiry into NHS leadership, performance and patient safety. We also have an analysis of an unsuccessful application to strike out or stay court proceedings despite a requirement for adjudication, where the court considered it would be disproportionate and lead to procedural complications. In addition, we have our usual round-up of other cases, news and recently published Q&As.
NEWS
This week’s edition of PI & Clinical Negligence weekly highlights includes a case on recoverability arguments surrounding a plastic surgeon’s report fee, success fee and ATE premium, a road traffic accident claim against the defendant highway authority and a case involving an insurance coverage dispute where the court ruled in favour of the insurer due to breach of notification conditions. We also bring you details of the newly published 11th edition of the King’s Bench Guide. In addition, we have our usual roundup of other news, cases and New Law Journal articles of interest.
NEWS
This week’s edition of PI & Clinical Negligence weekly highlights reviews the assessment of reasonable care needs and ‘lost years’ damages in catastrophic injury claims. We also look at news of the planned expansion of Martha’s Rule to A&E departments and waiting rooms and we consider developments concerning solicitor and own client costs assessments. We also bring you two new Practice Notes, worked examples for calculating future loss of earnings and future loss of pension. In addition, we feature our quantum case submission portal, alongside our usual round-up of news, cases, webinars and New Law Journal articles of interest.
NEWS
This week’s edition of PI & Clinical Negligence weekly highlights includes a couple of High Court decisions which consider a claimant’s capacity to conduct litigation. We include the Ministry of Justice’s announcement that they will be conducting a post-implementation review of the whiplash reforms later in 2025. We also include a new flowchart which has been published on the different stages of the Pre-Action Protocol for the Resolution of Clinical Disputes. In addition, we have our usual roundup of other news, cases and New Law Journal articles of interest.
NEWS
This week’s edition of PI & Clinical Negligence weekly highlights includes a Court of Appeal ruling that provides authoritative guidance on when credit hire companies may be liable for adverse costs in failed personal injury litigation. We also explore a County Court decision where deductions were allowed from a child's damages in relation to the success fee and ATE premium. We have also included a new Practice Note which provides guidance on the Clinical Negligence Claims Agreement 2024. In addition, we have our usual round-up of other news, cases, webinars and New Law Journal articles of interest.
NEWS
This week's edition of PI & Clinical Negligence weekly highlights include a case where the High Court dismissed a claim for damages for a road traffic accident where the claimant was intoxicated on the ground at the entrance of a parking area and details of the NHS programme launched by the Department of Health and Social Care to reduce brain injury in childbirth. We also include the usual round up of other news and New Law Journal articles of interest.
NEWS
This week's edition of PI & Clinical Negligence weekly highlights includes analysis of a High Court decision on employer’s liability in which an experienced engineer was held 20% contributorily negligent after entering the danger zone of moving machinery. We also consider a Court of Appeal ruling that TUPE does not transfer an employer’s vicarious liability to third parties and a High Court decision on future care and lost years earnings in a clinical negligence claim. In addition, we feature our quantum case submission portal, alongside our usual round-up of news, cases, webinars and New Law Journal articles of interest.
NEWS
This week's edition of PI & Clinical Negligence weekly highlights includes a news analysis on date of knowledge in asbestos litigation and news of the Ministry of Justice’s consultation on the Law of Apologies. In addition, we have our usual round-up of other news.
NEWS
This week's edition of PI & Clinical Negligence weekly highlights includes an analysis of a County Court decision which dealt with the approach to calculating enhanced interest on costs incurred after a Part 36 offer expires. We also consider a High Court decision that allowed a claimant to rely on a covertly recorded neuropsychological test. In addition, we have our usual round-up of other news, cases, free and on-demand webinars and New Law Journal articles of interest.