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 reviews the assessment of reasonable care needs and ‘lost years’ damages in...
PI & Clinical Negligence analysis: JBX v Frimley Health NHS Foundation Trust applies the ‘reasonable needs’ test to catastrophic-injury care and...
Dispute Resolution analysis: Erica Bedford and Tom Mason of Hailsham Chambers have secured a significant victory in the Court of Appeal in Turner v...
Dispute resolution analysis: The High Court granted Maire S.p.A. a final anti-suit injunction restraining LLC EuroChem North-West-2 from pursuing...
NHS England has announced a phased expansion of Martha’s Rule to all hospital accident and emergency (A&E) departments and waiting rooms in England by...
Latest PI & Clinical Negligence Practice Notes
This Practice Note provides information on the general rule that the unsuccessful party will be ordered by the court to pay the successful party’s...
This Practice Note provides information on the purpose of costs orders, what they can include, the different types and the general rule that the...
This Practice Note considers how to obtain an order for assessment, the procedure to be followed, in the event that an assessment is ordered...
This Practice Note considers the circumstances in which the court will hold an employer vicariously liable for a tort which has been committed by an...
This Practice Note identifies the potential causes of action in cases of sexual abuse. It considers the basis for the liability of not just the...
Latest PI & Clinical Negligence Precedents
_____________________________________[DRAFT ]SETTLEMENT AGREEMENT (for settling disputes post-commencement of proceedings)[WITHOUT PREJUDICE AND...
Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[[BUSINESS AND PROPERTY DIVISION OR KING’S BENCH DIVISION][Insert court, list or sub-list...
Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[[BUSINESS AND PROPERTY DIVISION OR KING’S BENCH DIVISION][Insert court, list or sub-list...
Filed on behalf of the [insert party eg [Claimant OR Appellant] or [Defendant OR Respondents]]Number of witness statement: [insert eg first]Date:...
Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[[BUSINESS AND PROPERTY DIVISION OR KING’S BENCH DIVISION][Insert court, list or sub-list...
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
Committee of European Securities Regulators (CESR)
The Committee of European Securities Regulators was an independent body established by the European Commission to advise member state authorities'>competent authorities on the technical details of securities legislation. From 1 January 2011, CESR was replaced by the European Securities and Markets Authority (ESMA).
Condescendence
The factual background to the orders sought by the pursuer in their initial writ or summons.
Conditions of carriage
Conditions of carriage are the standard contractual terms on which a carrier transports passengers, baggage or goods, typically by air, sea, rail, road or multimodal transport. They govern issues such as the carrier’s duties, exclusions and limitations of liability, delay, cancellation, loss or damage, passenger conduct, documentation requirements and claims procedures.
In UK and Irish practice, conditions of carriage are usually incorporated by reference into tickets, consignment notes or online booking terms, and operate alongside mandatory regimes such as the Montreal Convention (air), CMR (road), Hague‑Visby Rules (sea), rail regulations and consumer protection legislation. They are not generally defined in statute but are a widely used contractual and commercial expression, shaped by case law on incorporation, unfair terms and limitation clauses.
Courts in England and Wales, Scotland, Northern Ireland and Ireland broadly treat conditions of carriage consistently, focussing on effective notice, contractual interpretation, statutory overrides and public policy controls (for example unfair terms in consumer contracts). For practitioners, analysing applicable conditions of carriage is essential in advising on risk allocation, drafting transport contracts, litigating cargo and passenger claims, and assessing limitation and jurisdiction clauses.
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