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
This week's edition of PI & Clinical Negligence weekly highlights includes key updates on Part 36 practice and the ‘self-contained code’ and we look...
PI & Clinical Negligence analysis: A claimant who had succeeded at a liability-only trial failed to obtain permission to appeal against the subsequent...
Dispute Resolution analysis: In a dispute over whether solicitors were in breach of an order to disclose their entire client file to their clients in...
The Supreme Court has unanimously allowed the appeal brought by G4S Health Services (UK) Limited, Devon Partnership NHS Trust and Devon County...
The Association of Personal Injury Lawyers (APIL) has warned that the extended fixed recoverable costs (FRC) regime is creating uncertainty for...
Latest PI & Clinical Negligence Practice Notes
Introduction to the EU GDPR and UK GDPRThis Practice Note provides an introduction to both the EU’s General Data Protection Regulation, Regulation...
Forum non conveniens—principlesThis Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the...
Forum non conveniens—jurisdiction clauses and the strong reasons testThis Practice Note considers the approach of the English courts when considering...
Cross-border service—a guide for dispute resolution practitionersThis Practice Note provides a summary of various considerations when serving a claim...
Specific disclosure—the courts' approachThis Practice Note looks at the courts’ approach to specific disclosure under CPR 31.12 as well as under...
Latest PI & Clinical Negligence Precedents
Particulars of claim—fall on a construction site relying on the Construction (Design and Management) Regulations 2015 and the Work at Height...
Document preservation notice under Business and Property Courts Disclosure SchemeThis Precedent is a draft ‘litigation hold’ or ‘document...
Model form of order following detailed assessment and authorising a further payment to the child or protected party’s legal representatives[IN THE...
Invitation to mediate, clinical negligence or personal injury—straightforward case[insert name and address of addressee][insert date]Dear [insert...
Particulars of claim—food poisoning claim under the Package Travel and Linked Travel Arrangements Regulations 2018IN THE COUNTY COURT AT [insert]Claim...
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
Authority Service Provider
In PF2 this is the service provider appointed direct by the Authority to carry out services such as the Soft FM Services and any maintenance or Elective Services to be carried out direct by the Authority.
Random access memory (RAM)
offers fast read and write access. Can be used to store operating system and data for applications and files in a palm pilot
Recourse
The right to require a party to repurchase a receivable for a defined repurchase price.
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