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 CPR Committee (CPRC) meeting of 7 March 2025 (conducted in a hybrid format at The Rolls Building...
In 2022 and 2023 two consultations were held in relation to the Criminal Injuries Compensation Scheme 2012. The consultations were centred on issues...
This week’s edition of PI & Clinical Negligence weekly highlights includes a couple of High Court decisions which consider a claimant’s capacity to...
The Legal Aid Agency (LAA) has published an updated version of the Civil Legal Aid Eligibility Keycard, reflecting a 1.7% increase in the deductions...
The Department for Business and Trade (DBT) has published its response to the 2023 call for evidence on the Package Travel and Linked Travel...
Latest PI & Clinical Negligence Practice Notes
Detailed assessment—the hearingFor guidance from the Senior Court Costs Office (SCCO) on how detailed assessment hearings are to be conducted, see...
Dispute resolution clauses—what and whyWhat is a dispute resolution clause?Many commercial agreements contain what is called a ‘dispute resolution...
Adjourning interim hearingsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending...
Damages claims pilot scheme—CPR PD 51ZBThis Practice Note considers CPR PD 51ZB, which deals with a pilot scheme to test an online claims process for...
Costs orders—group litigation claimsThis Practice Note considers the issues relating to costs when dealing with group litigation claims. These are...
Latest PI & Clinical Negligence Precedents
Claim against a care home for psychological injury and breach of human rightsIN THE [COUNTY COURT AT [Insert] OR HIGH COURT]Claim No. [Insert claim...
Particulars of claim for injuries arising from a fall in a care homeIN THE [COUNTY COURT AT [Insert] OR HIGH COURT]Claim No. [Insert claim...
Particulars of claim for delayed medical treatment[IN THE COUNTY COURT AT [insert]ORIN THE HIGH COURT]claim No:Parties:[Insert name of...
Letter explaining DBA—general litigation or advocacyStandard DBA (general litigation or advocacy)We have discussed various options for funding your...
Letter of instruction to clinical negligence psychiatric expert on condition and prognosisDear [insert name]Claimant’s name: [insert the Claimant’s...
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
Garden leave
A colloquialism describing the period during which an employee remains bound by their contract of employment but is required, usually under an express term of the contract, not to attend work or make contact with clients or customers.
Intake session
The first meeting between the mediator(s) and the parties, usually approximately 30 minutes long, that may be dealt with by way of a joint meeting or individual meetings—the intake session enables both the parties and the mediator to ascertain whether mediation will be a suitable process for the parties.
Search
The search in terms of a patent is where the search examiner searches the prior art to see what, if anything, is relevant for the examination of the patent.
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