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: a solicitor and publicity and media manager at a large law firm have been found to be in contempt of court following the...
PI & Clinical Negligence analysis: Her Honour Judge Claire Evans (sitting as a High Court Judge) refused the defendant’s application to approve the...
Law360, London: Litigation-funders are grappling with an apparent existential crisis amid uncertain macroeconomic conditions and regulatory pressures...
The Cabinet Office has published its final response to the Infected Blood Inquiry's May 2024 report, accepting all 12 recommendations either in full...
This week’s edition of PI & Clinical Negligence weekly highlights includes analysis of a number of costs cases relating to the low value pre-action...
Latest PI & Clinical Negligence Practice Notes
Costs budgets—filing and exchangeThis Practice Note provides information about when a costs budget must be filed at court and exchanged with the other...
Dispute resolution—types of partyThis Practice Note provides an overview of the types of parties which may become involved (whether as claimant or...
Filing the defenceThis Practice Note sets out the considerations when seeking to file a defence to a claim brought under CPR 7. It looks at the...
Part 36 offers—how to make a valid Part 36 offerThis Practice Note explains what a Part 36 offer must include, who the offer must be made to, the...
Security for costs—requirements and conditions (CPR 25.27)Note, on 6 April 2025 amendments to CPR 25 came into force which re-numbered the former...
Latest PI & Clinical Negligence Precedents
Witness statement in support of application for specific disclosureFiled on behalf of the [Claimant OR Defendant]Witness statement of [insert initial...
Letter responding to request for extension of time for compliance with rule, practice direction or court order[insert name and address of claimant or...
Case management—allocation questionnaire (Form N150)—drafting notes (before April 2013) [Archived]ARCHIVED: This Precedent has been archived and is...
Particulars of claim against an uninsured driver joining the Motor Insurers' Bureau (MIB) as second defendantIN THE [INSERT NAME OF COURT]Claim no....
Particulars of claim in a Motor Insurers' Bureau uninsured caseClaim no: [insert claim number]In the county court at [insert]Between[INSERT CLAIMANT’S...
Latest PI & Clinical Negligence Q&As
Featured PI & Clinical Negligence content
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...
False imprisonment
False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made...
Pain, suffering and loss of amenity
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...
Psychiatric injury—secondary victims
Psychiatric injury—secondary victimsWhat is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the...
Whiplash or soft tissue injury claims
Whiplash or soft tissue injury claimsNOTE: The Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents...
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 testTo identify the circumstances in which a court may find an employer to be...
Past loss of earnings
Past loss of earningsCommon issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For...
EL/PL claims in the portal—a practical guide (Stage 1)
EL/PL claims in the portal—a practical guide (Stage 1)This Practice Note provides an overview of the Pre-Action Protocol for Low Value Personal Injury...
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...
Qualified one-way costs shifting (QOCS)
Qualified one-way costs shifting (QOCS)What is QOCS?QOCS was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of...
Occupiers’ liability claims—lawful visitors
Occupiers’ liability claims—lawful visitorsBackgroundThe Occupiers’ Liability Act 1957 (OLA 1957) was enacted to provide for a ‘common duty of care’...
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...
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...
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...
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...
Credit hire—an introduction
Credit hire—an introductionReplacement vehicles and hire generallyWhere a driver’s vehicle has suffered damage in an accident sufficient for it to...
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...
Associated legal terms
Access charge
A fee charged subscribers or other network operator by a network operator for the use of their network by the subscriber or other network operator. Where the fee is between network operators, also known as an interconnect or interconnection charge.
Advertising
Advertising is defined very broadly to encompass any form of representation that is made in connection with business in order to promote the supply or transfer of a product.
Article 22 and 29 exclusions
Exclusions which can be used to avoid dealing as agent or arranging a transaction by entering into such a transaction on the advice of an authorised person
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