About PI & Clinical Negligence
In the wake of the Jackson Review and the Legal Services Act 2011 and the forthcoming implementation of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, the competition for personal injury work is more intense than ever. Personal injury lawyers of all kinds are under immense pressure not only to turn work around faster, but expand into what might be new and unfamiliar areas (e.g. clinical negligence or occupational disease).
Establishing legal liability
Key practice note looking at the courts’ approach when deciding if a duty of care is owed by the defendant, including claims for novel situations, psychiatric injury, omissions and claims involving public authorities.
Types of claim
This content deals with the duty of care owed by road users to others in road traffic accidents, including car drivers or motorists, passengers, pedestrians, cyclists and the standard of care.
Litigation
See what court to issue your claim in depending on the value of the claim and other factors. We look at the type of claims the specialist courts deal with and provide guidelines that need to be adhered to.
Sentencing and Punishment of Offenders Act 2012
After the Jackson Review, the Legal Services Act 2011, and implementation of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, competition for work is intense. PI lawyers must know new and unfamiliar areas.
Topics We Cover
Our PI & Clinical Negligence Experts
John McQuater
Anthony Johnson
Colm Nugent
Mark Havenhand
Brett Dixon
Latest PI & Clinical Negligence News
The UK Parliament has progressed the Clinical Negligence Bill, a Private Members’ Bill introduced under the Ten-Minute Rule by Catherine McKinnell MP,...
The UK Supreme Court has announced that its fees will increase from 1 April 2026 following recommendations from the Lord Chancellor. The increases...
Dispute Resolution analysis: The Court of Appeal has upheld the decision of a judge at first instance to stay an application for a third-party costs...
PI & Clinical Negligence analysis: There were a variety of issues that occupied the Upper Tribunal (UT) relating to Criminal Injuries Compensation...
PI & Clinical Negligence analysis: The High Court has held that an employer did not breach its duty of care to an employee despite failing to carry...
Latest PI & Clinical Negligence Practice Notes
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note focuses on the implications for dispute resolution in the...
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note focuses on the implications for dispute resolution in the...
Precedent at common lawAdherence to precedent is a vital aspect of common law adjudication. Where a precedent is binding, it should ordinarily be...
There have been numerous reviews of different aspects of litigation funding and proposals for its reform. Some, but by no means all of these, have...
What is third party litigation funding?Third party funding (TPF) has become an important feature of the litigation landscape in the UK. This Practice...
Latest PI & Clinical Negligence Precedents
Post-issue suggested mediation directions1[On or before [insert] the parties shall exchange lists of three proposed mediators available to conduct...
[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT LOCATION] DISTRICT REGISTRY]Claim No:Between[Insert...
A: General informationMatter referenceClient nameDate of cause of actionType of claim, eg RTA, employer’s liability, clinical negligenceBrief...
This precedent draft memo should be read (and potentially be sent) with the relevant precedent draft letter to your client about disclosure:•Draft...
Private, confidential & PRIVILEGED[Insert name and address of client][insert date]Dear [insert name of contact at the client]Your obligations in the...
Latest PI & Clinical Negligence Q&As
Featured PI & Clinical Negligence content
False imprisonment
False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made...
The employer’s duty of care
The employer’s duty of careThis Practice Note considers the scope of an employer’s common law duty to ensure the safety of their employees with...
Duty of care and breach in clinical negligence claims
Duty of care and breach in clinical negligence claimsThe duty of careA medical practitioner owes a duty of care to their patient. This duty is to take...
Pain, suffering and loss of amenity (PSLA)
Pain, suffering and loss of amenityValuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of...
Contributory negligence in personal injury claims
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences...
Damages in fatal accident claims
Damages in fatal accident claimsElements of a fatal accident claimThere are two different elements to a fatal accident claim:•the Law Reform...
Psychiatric injury—establishing liability
Psychiatric injury—establishing liabilityLiability for psychiatric injury is dependent in part on the nature of the injuries suffered and the manner...
Was the damage foreseeable?
Was the damage foreseeable?The concept of foreseeability and remoteness in negligence claimsEven if the claimant proves:•that the defendant acted...
Claims against the police
Claims against the policeIntroductionThe police force is a pure public authority (ie performs only public functions). Therefore, claims can be brought...
Psychiatric injury—primary victims
Psychiatric injury—primary victimsDefining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident...
Vicarious liability in the course of employment—the close connection test
Vicarious liability in the course of employment—the close connection testThis Practice Notes considers the circumstances in which the court will hold...
Misfeasance in public office
Misfeasance in public officeThe tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only...
Interest on general damages, special damages and judgment debt
Interest on general damages, special damages and judgment debtInterest on general damagesEntitlementA claimant is entitled to simple interest at a...
Claims against schools
Claims against schoolsClaims against schools by pupils can arise in a number of ways, including pupils:•being injured due to condition of...
Qualified one-way costs shifting (QOCS)
Qualified one-way costs shifting (QOCS)NOTE: the Civil Procedure (Amendment) Rules 2023, SI 2023/105, amended CPR 44.14 so that defendants can enforce...
Psychiatric injury—secondary victims—case tracker
Psychiatric injury—secondary victims—case trackerA secondary victim is someone who has suffered psychiatric injury not by being directly involved in...
Did the claimant consent to the risk of injury?
Did the claimant consent to the risk of injury?The essence of a defence of volenti non fit injuria (‘to a willing person, no injury is done’) is that...
Associated legal terms
Limited company
Three of the main types of company available under the CA 2006 are limited companies, namely the private company limited by shares, the public company limited by shares, and the (private) company limited by guarantee. All are distinguished by the limited liability of their shareholders.
Multinational pooling
Multinational pooling is the linking together of group insurance contracts, effected in two or more countries, by subsidiaries of a multinational corporation, for the purpose of combining claims experience under these contracts.
Seconded employee
For the purposes of the legislation on cross-border pension schemes, this is an employee who is sent, by his UK employer, to work overseas for a limited period in another EU member state but is still working under the control of the UK employer and who, at the end of that period, intends to return to work for that employer in the UK, or to retire.
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