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 analysis of a High Court decision on handling disputed litigation capacity...
Dispute Resolution analysis: An application for security for costs was made in circumstances where the claimant tried to enforce arbitration awards...
Arbitration analysis: In Petroleum Exploration (PVT) Ltd v Frontier Holdings Ltd and another , the Commercial Court dismissed a section 67 challenge...
Restructuring & Insolvency analysis: The High Court granted an application for pre-action disclosure against Kroll Trustee Services Ltd (Kroll), which...
PI & Clinical Negligence analysis: The defendant, in an ex-RTA protocol case, made a Part 36 offer which the claimant did not accept within the...
Latest PI & Clinical Negligence Practice Notes
NOTE: On 2 December 2024, the Lord Chancellor announced that the discount rate would change to positive 0.5%. The positive 0.5% discount rate is...
When will the court allow an appeal against a finding of fact?The appeal court will only allow an appeal where the decision of the lower court...
NOTE: On 2 December 2024, the Lord Chancellor announced that the discount rate would change to positive 0.5%. The positive 0.5% discount rate is...
NOTE: On 2 December 2024, the Lord Chancellor announced that the discount rate would change to positive 0.5%. The positive 0.5% discount rate is...
For guidance from the Senior Court Costs Office (SCCO) on how detailed assessment hearings are to be conducted, see Practice Note: SCCO guidance for...
Latest PI & Clinical Negligence Precedents
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[Insert name and address of recipient][Insert date]Dear [insert name of recipient][Insert case name and claim number][We act for [the Claimant OR the...
[ON YOUR LETTERHEAD][WITHOUT PREJUDICE SAVE AS TO COSTS][Insert date][Insert name and address of other party’s solicitor]Dear [insert contact...
Filed on behalf of the [insert party eg [Claimant OR Appellant] or [Defendant OR Respondents]]Number of witness statement: [insert eg first]Date:...
Post-issue suggested mediation directions1[On or before [insert] the parties shall exchange lists of three proposed mediators available to conduct...
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
Exempt information
Specified descriptions of information which may be exempt from disclosure by principal councils in relation to meetings, their agendas and connected reports, and minutes and background papers (see Local Government Act 1972 (LGA 1972), pt VA, s 100I and Sch 12A).
Form D81
When an agreement to enter into a financial consent order has been reached, both parties must file with the court a Form D81 (also known as a 'statement of information'). Form D81 should set out each party's current financial position as part of the ongoing duty to provide full and frank disclosure of their financial resources and any other relevant information.
Oi
Nuclear power plant located in the town of Oi in Japan.
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