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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.

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Latest PI & Clinical Negligence Q&As

Q&As
CPR PD 7A, para 5.1 states that proceedings are ‘brought’ for the purposes of the Limitation Act 1980 on the date the claim form is received by the 'court office'. In a chancery case, must the 'court office' for the purposes of CPR PD 7A, para 5.1, be a Chancery Court or would it be possible to hand deliver the claim form to a County Court (not in the Chancery Division), so that the claim is 'brought', and then await transfer of the case?
Q&As
The limitation period for our client’s claim is due to expire shortly but I am concerned that it might not be possible to engage with the other side and/or issue the claim due to potential coronavirus (COVID-19) related issues (for example, relevant individuals being unwell or the court not operating as usual). How can we ensure that our client’s claim is preserved in these circumstances?
Q&As
A solicitor failed to register a property transfer, which was only discovered 12 years later, when the claimant sought to sell the property. The claimant raised this with the defendant who promised to remedy the negligence by obtaining registration. This never happened. What happens to limitation in these circumstances? Does limitation run from the date of knowledge or can this be extended to run from when the solicitor made the promise to remedy the negligence?
Q&As
What can a claimant do if a defendant serves a witness statement late but asks the claimant to accept service? If the claimant refuses to accept service and the defendant makes an application for relief from sanctions, what are the cost implications? What are the cost implications if no application is made?
Q&As
If a litigant in person knows that the opposing party has instructed legal counsel, are they obliged to correspond only through the counsel, or can they contact the opposing party directly?
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Associated legal terms

External action

EU's involvment in international affairs and relationship with foreign countries and international organisations.

legitimate interests

You can rely on legitimate interests as a lawful ground for processing where: ‘processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.’

Newton Hearing

/ˈnjuːt(ə)n/ /ˈhɪərɪŋ/

A hearing in criminal proceedings required when the defendant pleads guilty to an offence(s) but there is disagreement with the prosecution as to the material facts on which the defendant should be sentenced. This can occur when the accused pleads guilty on a specific basis that the prosecution does not accept.
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