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
Law360, London: Nokia told the Court of Appeal on 22 April 2026 that the English courts have no jurisdiction to set terms to licence its portfolio of...
The UK Supreme Court (UKSC) and Judicial Committee of the Privy Council (JCPC) have published a Business Plan for 2026–29 setting out their updated...
Dispute Resolution analysis: A billionaire client (C) has been successful in an application in the High Court for an assessment of a series of...
The Chief Coroner of England and Wales has published revised guidance (Nos. 6, 7 and 20) covering the appointment of coroners, the handling of service...
The Civil Justice Council (CJC) has launched a consultation on proposed reforms to Part III of the Solicitors Act 1974. The consultation paper,...
Latest PI & Clinical Negligence Practice Notes
The legal technology landscape is evolving rapidly in front of our eyes, creating a whole new vocabulary of AI-related terms and phrases. For those of...
This Practice Note considers how judges evaluate the credibility and honest recollection of factual witnesses appearing in trials.The entirety of...
The background to the Court of Appeal decision in Mazur v Charles Russell Speechlys (2026) is set out below along with key questions and answers...
This Practice Note considers what an interim payment on account of costs is, when such an order will be made and the presumption that an order will be...
This Practice Note considers making amendments to statements of case (amending pleadings, amending particulars of claim, amending the claim form,...
Latest PI & Clinical Negligence Precedents
Claim no: [insert claim number]In the county court at [insert]Between[INSERT CLAIMANT’S NAME] Claimant-and-[INSERT FIRST DEFENDANT’S...
Dear [insert name],Re: [Insert claim details][WITHOUT PREJUDICE SAVE AS TO COSTS]We note the offer that you have made on [insert date] of £[insert...
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]Our reference: [insert your file reference for this matter]FAO [RELEVANT NAME][NAME OF PROPOSED...
Private & confidential[insert name and address of expert][insert date]Dear [insert name of expert][insert case heading]Instruction to act as...
ARCHIVED: This Precedent has been archived and is no longer maintained. For guidance on creating a draft order for an interim application, see...
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
Ionising radiation
Any radiation capable of displacing electrons from atoms or molecules, thereby producing ions. High doses of ionising radiation may produce severe skin or tissue damage. Some examples are alpha, beta, gamma, x-rays, neutrons, and ultraviolet light.
Parental responsibility
All the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.
Revived copyright
Prior to 1996, the term of copyright in original works used to be 50 years in the UK while in other European countries it was 50, 70 or 80 years. This discrepancy was addressed at an EU level and, as a result of this, in the UK, the copyright term increased to 70 years. As a result of the increase in the term of protection, in certain circumstances, copyright can be revived where it has expired in a work, or extended. ‘Revived copyright’ means any copyright which subsists, by virtue of the provisions of the Copyright, Designs and Patents Act 1988 (CDPA 1988) as amended by the Duration of Copyright and Rights in Performances Regulations 1995, SI 1995/3297, after having expired under the provisions of CDPA 1988 as they stood immediately before 1 January 1996, including the provisions of Schedule 1 continuing the effect of earlier enactments, or any earlier enactment relating to copyright.
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