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
This week’s edition of PI & Clinical Negligence weekly highlights includes analysis of recent decisions on credit hire and impecuniosity in the...
Action against Medical Accidents (AvMA), in collaboration with the Harmed Patients Alliance (HPA), has published the final version of the Harmed...
Law360, London: The government announced plans on 17 December 2025 to introduce legislation to resolve the uncertainty around third-party litigation...
The UK Supreme Court has unanimously held that decisions on Public Interest Immunity (PII) involve a substantive question of law requiring courts to...
PI & Clinical Negligence analysis: The principle that impecuniosity goes to period as well as rate, as established in Zurich Insurance Plc v Sameer...
Latest PI & Clinical Negligence Practice Notes
Accidents caused by manual handlingThis Practice Note deals with the Manual Handling Operations Regulations 1992 (MHO Regs 1992), SI 1992/2793. These...
TCC—expert evidenceAn amended version of the Technology and Construction Court Guide was published in October 2022. For further information, see News...
Section 69 of the Enterprise and Regulatory Reform Act 2013This Practice Note outlines the change to workplace accident claims effected by the...
False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will usually be made...
The employer’s duty of careThis Practice Note outlines the scope of an employer’s common law duty to take reasonable care for the safety of employees,...
Latest PI & Clinical Negligence Precedents
Particulars of claim—work-related carpal tunnel syndrome caused by vibrating toolsClaim No. [insert claim no]IN THE COUNTY COURT AT [insert]Between1Mr...
Claim against a care home for pressure sore injuryIN THE [COUNTY COURT AT [Insert] OR HIGH COURT]Claim No. [Insert claim number]Parties:[Mrs Jane...
Defendant’s response to a letter of claim[ON YOUR FIRM’S LETTERHEAD][Insert name and address of the claimant’s solicitors, including any reference...
Personal injury bare trust—mentally capable adultThis TRUST is made on [date]Parties1[name] of [address] (the Settlor) and2[name] of [address] and...
Personal injury bare trust—mentally incapable adultThis TRUST is made on [date]Parties1[name] of [address] acting by [name] of [address] (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
Compulsory purchase annuity
Annuity that must be purchased on retirement for a member of an insured scheme.
Formation agreements
Formation agreements are contracts that relate to the formation of companies by the person or persons forming the company and the promoters of the company.
Statement of Insolvency Practice
Statements to regulate the conduct of insolvency practitioners. Departure from the standards established in SIPs is a matter that may be taken into account by regulatory bodies in the event of disciplinary or regulatory action. They are commissioned by the Joint Insolvency Committee (JIC), produced by the Association of Business Recovery Professionals (R3), approved by the JIC and then adopted by each of the regulatory bodies.
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