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: The minutes of the Civil Procedure Rule Committee (CPRC) annual open meeting of 8 May 2025 (conducted in a hybrid format...
Property Dispute analysis: In Hamer v Levy, the Court of Appeal held that defects in tenancy deposit prescribed information will not necessarily...
PI & Clinical Negligence analysis: In Burgess v Sikorski, the High Court considered the assessment of services dependency claims under section 3 of...
This week’s edition of PI & Clinical Negligence weekly highlights features contrasting High Court decisions on fundamental dishonesty in road traffic...
Dispute Resolution analysis: The High Court continued a proprietary and worldwide freezing injunction against an unidentified fraudster who had...
Latest PI & Clinical Negligence Practice Notes
Payments into court are now made in only limited circumstances. These may include:•following an infant settlement•where some protection is required...
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...
This Practice Note considers the central elements of occupational stress claims once foreseeability has been established, namely breach of duty,...
This Practice Note, produced in partnership with Osmosis from Elsevier, provides a concise medical overview of trauma and abuse-related disorders for...
The general rule—no compensation unless there is a recognised psychiatric illnessIt is common for accident victims to suffer considerable distress as...
Latest PI & Clinical Negligence Precedents
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[In the county court at [insert]ORIn the High Court of Justice][[Specify division]][[Specify Specialist court]][[Insert location] District...
This precedent draft memo should be read (and potentially be sent) with the relevant precedent draft letter to your client about disclosure:•Draft...
This Precedent, with drafting notes, gives guidance on preparing a list of documents for standard disclosure under CPR 31 (Forms N265, N265 (CC), N265...
[In the High Court of JusticeORIn the COUNTY COURT AT [insert]][[Specify division]][[Specify Specialist court]][[Insert location] District...
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
Annual return
The total annual return on an investment which includes dividend payments and capital gains/losses. Not included are transaction costs and taxes. An obligatory return, submitted annually to the Registrar of Companies, detailing information about a company’s operations including business description, details of directors and company secretary, and share capital, etc.
Fitch
One of the rating agencies.
Unauthorised payments surcharge
A tax charge that arises when a surchargeable unauthorised member payment or a surchargeable unauthorised employer payment is made by a registered pension scheme.
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