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
An English judge on 20 May 2026 denied the former director of a Russian company’s challenge of a London Court of International Arbitration (LCIA)...
This week's edition of PI & Clinical Negligence weekly highlights includes a clinical negligence decision on delayed stroke diagnosis and causation,...
The Master of the Rolls and the Minister of State for Justice have signed the 195th Practice Direction (PD) Update, which broadens the scope of the...
Dispute Resolution analysis: The Technology and Construction Court held that purported service of a claim form by email on the defendants’ solicitors...
The Courts and Tribunals Judiciary has announced that the Lady Chief Justice and Lord Chancellor will co-chair a new Judicial and Legal Diversity...
Latest PI & Clinical Negligence Practice Notes
NOTE: in 2023, the County Court Money Claims Centre (CCMCC) and the County Court Business Centre (CCBC) were renamed as the Civil National Business...
This Practice Note, produced in conjunction with Phil Roberts of Clarke Willmott, provides a case study for consideration of the different means, in...
This Practice Note considers the rules set out in CPR 6 dealing with service of the claim form, in the jurisdiction, ie England and Wales, that apply...
This resource kit contains a list of the key practical guidance available across Lexis+® UK that deals with artificial intelligence (AI). It is laid...
This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be...
Latest PI & Clinical Negligence Precedents
Private, confidential & PRIVILEGED[Insert name and address of client][insert date]Dear [insert name of contact at the client]Your obligations in the...
Without prejudice, save as to costs[Sir OR Madam],[insert name of agreement]: [insert client name] and [insert counter-party name]1We refer to our...
Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify...
IN THE [COUNTY COURT AT [Insert] OR HIGH COURT]Claim No. [Insert claim number]Parties:[Insert name of Claimant] Claimant-and-[Insert name of...
This guide explains the main ways of resolving a civil dispute outside a court of law, often referred to as ‘alternative dispute resolution’ (ADR)....
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
Deferred acquisition costs or expenses
An asset held on the balance sheet under IFRS accounts representing the amount of acquisition expenses which have not been taken through the income statement and is accrued on the expectation that it will be paid out of future margins earned from the business.
Reduced rate
A supply, acquisition or importation is charged to tax at the reduced rate (VATA 1994, s.29A(1)) if it falls within the descriptions for the time being contained in VATA 1994, Sch 7A.
Statement of guarantee
A statement of guarantee is a statement by each of the members of the company limited by guarantee that each member will pay for the debts and other expenses if the company is wound up.
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