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
Rebecca Taylor-Onion
John McQuater
Anthony Johnson
Colm Nugent
Mark Havenhand
Latest PI & Clinical Negligence News
This week’s edition of PI & Clinical Negligence weekly highlights looks at the Court of Appeal’s approach to breach of duty in claims arising from...
The Solicitors Regulation Authority (SRA) has published a warning notice directed at all solicitors and law firms under its regulation. The notice...
Law360, Expert Analysis: The UK Supreme Court held in Drelle v Servis-Terminal LLC [2026] UKSC 29 on 27 July 2026 that a creditor holding an...
Information Law analysis: The High Court dismissed six claims arising from alleged historic unlawful information gathering by Associated Newspapers,...
The Victims’ Commissioner for England and Wales has published a report examining the experiences of injured victims and bereaved families following...
Latest PI & Clinical Negligence Practice Notes
While each litigation funding agreement (LFA) and its associated documents will vary depending on the funder and the specificities of the funded...
This Practice Note highlights some issues to consider when instructing an expert under CPR 35 and the Guidance for the instruction of experts in civil...
While each litigation funding agreement (LFA) and its associated documents will vary depending on the funder and the specificities of the funded...
While each litigation funding agreement (LFA) and its associated documents will vary depending on the funder and the specificities of the funded...
This Practice Note considers costs in the small claims track (SCT), a track that is dealt with in Part 27 of the CPR. It examines the costs provisions...
Latest PI & Clinical Negligence Precedents
[Date][Insert claimant’s solicitors‘ name, reference and address]Dear [insert organisation name][Insert name of claimant] v [insert name of...
Claim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]][Specify...
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]Our reference: [insert your file reference for this matter]FAO [insert name of addressee][ADDRESS...
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]Our reference: [insert your file reference for this matter]FAO [RELEVANT NAME][NAME OF DEFENDANT OR...
NOTE: The United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR) is applicable under UK law from the end of...
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
Financial Remedies Court
The principal aim and objective of the Financial Remedies Court is to improve the delivery of financial remedies. Initially launched as a pilot scheme, in February 2021 the President of the Family Division confirmed that the Financial Remedies Court should now be regarded as an established and permanent part of the Family Court.
Hard cap baskets
The term hard cap baskets refers to a covenant basket with a fixed limit. Hard cap baskets can be distinguished from soft cap baskets.
Purple Book
A publication issued jointly by the Pension Protection Fund (PPF) and The Pension Regulator (TPR) setting out statistics derived from industry filings (the Defined Benefits Pensions Universe Risk Profile).
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