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
Dispute Resolution analysis: In a recent High Court decision, the court confirmed that its equitable jurisdiction to set aside judgments procured by...
Law360, London: On 8 December, costs lawyers said that they predict a rise in the number of costs disputes after the ruling known as Mazur, which...
Law360, Expert analysis: The recent explosion in artificial intelligence (AI) adoption in the workplace has led to the creation of whole new...
This week's edition of PI & Clinical Negligence weekly highlights includes an analysis of a County Court decision which dealt with the approach to...
The Supreme Court has unanimously held that the surviving relatives of the late Robert Crozier may recover damages under the Damages (Scotland) Act...
Latest PI & Clinical Negligence Practice Notes
How do I find and engage an expert witness?This how-to guide considers how to find an expert witness who will support the case your client wishes to...
Summary judgment—the hearing, orders and costsThis Practice Note considers what may happen at a summary judgment application under CPR 24, including...
Preparing for trialThis Practice Note provides an insight into the preparation that is required for trial, with reference to the documents that are...
What is fundamental dishonesty?This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and...
Admissions—pre-actionThis Practice Note considers Part 14 of the Civil Procedure Rules (CPR 14) and the general provisions which concern admissions...
Latest PI & Clinical Negligence Precedents
Draft letter to client about disclosure—small claims trackPrivate & confidential[Insert name and address of client][insert date]Dear [insert name of...
Particulars of claim—work-related upper limb disorder caused by vibrating toolsClaim No. [insert claim no]IN THE COUNTY COURT AT [insert]Between1Mr X...
Precedent L—Order for detailed assessment (client)Schedule of cost precedents—Precedent LOrder on Client’s Application for Detailed Assessment of...
Draft order for relief from sanctionsClaim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES...
Witness statement in opposition to an application for relief from sanctionsFiled on behalf of the [Claimant OR Defendant]Witness statement of [insert...
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
Causation (Commercial)
Causation is a principle used in assessing the level of damages for breach of contract or duty in tort. Damages will be awarded only when loss was caused by the breach.
Decay, radioactive
The decrease in the radioactive nature of any material with the passage of time. This is due to the spontaneous emission from the atomic nuclei of either alpha or beta particles and is often accompanied by radiation'>gamma radiation.
Radon
A heavy radioactive gas given off by rocks containing radium (or thorium). These rocks have existed since the formation of Earth’s crust and radon is often the single largest contributor to an individual's background radiation dose, and is the most variable from location to location. Radon is a noble gas (a Group VIII element) – other members of the series are helium, neon, argon, krypton and xenon.
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