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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.

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Latest PI & Clinical Negligence Q&As

Q&As
Is a judgment required in order to enforce a settlement deed where there has been a default of payment obligations (including to obtain an order for questioning of the defaulting party)? If so, is the only option a Part 7 claim? If there are other options (like a Part 8 claim) will the court fee be any less than a Part 7 money claim?
Q&As
Where a CPR 36 offer is accepted prior to proceedings being issued and the offer relates to an order for sale of jointly owned real property with consequential provisions regarding the division of the net proceeds of sale, is there a need for the written acceptance to be executed by deed, per section 52 of the Law of Property Act 1925? How would the offeror enforce the terms of the accepted CPR 36 offer where proceedings have not been issued?
Q&As
Where a claim is settled prior to commencing proceedings can we recover our pre-action costs?
Q&As
A solicitor failed to register a property transfer, which was only discovered 12 years later, when the claimant sought to sell the property. The claimant raised this with the defendant who promised to remedy the negligence by obtaining registration. This never happened. What happens to limitation in these circumstances? Does limitation run from the date of knowledge or can this be extended to run from when the solicitor made the promise to remedy the negligence?
Q&As
How can a pre-action settlement in the sum of £700 (which was not made by way of Part 36 but was communicated and accepted in writing) be enforced? The defendant has failed to pay damages or costs. Should court proceedings be commenced under Part 7 or Part 8? Do you have any precedents?
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Associated legal terms

Executive scheme

An arrangement for the provision of benefits to directors and/or senior employees.

Joint account

A joint account is a particular account in a bank where a sum standing to the credit of a joint account is a debt owed to the creditor jointly and is not enforceable by any of the joint account holders on his own.

Joint liability (and see “several liability”)

Parties who are jointly liable share a single liability and each party can be held liable for the whole of it.
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