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 an analysis of the new personal injury discount rate. We also consider a...
Restructuring & Insolvency analysis: This judgment concerned two sets of legal proceedings connected to allegations of serious dishonesty, fraudulent...
The Ministry of Justice (MoJ) has issued a stakeholder alert confirming significant changes to medical reporting activities for road traffic accident...
PI & Clinical Negligence analysis: At the tail end of 2024, the Lord Chancellor, Shabana Mahmood MP, announced the results of her five-month long...
IP analysis: This judgment considers CPR Part 19 representative actions in the context of copyright infringement claims, particularly those that...
Latest PI & Clinical Negligence Practice Notes
Enforcing a judgment or order for possession of landThis Practice Note considers the procedure for enforcing a judgment or order for possession of...
Grounds of appeal—introducing new evidenceWhen will an appeal be allowed?The appeal court will only allow an appeal where the decision of the lower...
I have obtained High Court judgment for £100,000—what are my options?NOTE: with effect from 14 August 2023, the County Court Money Claims Centre...
Costs—recovery of costs under contractual clausesThis Practice Note considers recovery of costs where such recovery is provided for in a contract and...
Accidents on the highway—duty to maintainTypes of accidentsA personal injury claimant who has been injured in an accident on a highway may claim that...
Latest PI & Clinical Negligence Precedents
Particulars of claim in a Motor Insurers' Bureau uninsured caseClaim no: [insert claim number]In the county court at [insert]Between[INSERT CLAIMANT’S...
Particulars of claim against an uninsured driver joining the Motor Insurers' Bureau (MIB) as second defendantIN THE [INSERT NAME OF COURT]Claim no....
Witness statement in support of application for declaration that another party’s solicitor has ceased to actFiled on behalf of the [claimant OR...
Order for a declaration that a solicitor has ceased to actClaim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS...
Witness statement in support of an application for return of inadvertently disclosed privileged documents[DETAILS OF DEPONENT ETC.]IN THE [COURT]Claim...
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
Appropriate pension scheme
A personal pension plan, stakeholder pension scheme or FSAVC scheme which had received an appropriate scheme certificate by HMRC, enabling its members to contract out of the state second pension.
Doorstep selling
Doorstep selling means certain contracts for goods and services concluded between a trader and a consumer away from a trader’s place of business (an off-premises contract), for example at a consumer’s house or in the street.
Security document
A generic description of the suite of charges, guarantees and other security taken by a financier in respect of a financing facility.
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