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
The Ministry of Justice (MoJ) has released its annual report and accounts for the financial year 2023-2024 on 14 November 2024. This comprehensive...
Dispute Resolution analysis: Pentagon Food Group Ltd v B Cadman Ltd centred on the interpretation and alleged breach of a settlement agreement...
This week's edition of PI & Clinical Negligence weekly highlights includes news of the DHSC’s new package of zero-tolerance NHS reforms and minutes of...
The Department of Health and Social Care (DHSC) has announced a package of tough reforms for the National Health Service (NHS) with a zero-tolerance...
The Official Injury Claim (OIC) has published its monthly data reporting. OIC introduced the monthly data reporting system, augmenting its existing...
Latest PI & Clinical Negligence Practice Notes
The Scottish Personal Injury Pre-Action ProtocolBackgroundIn 1995, at the outset of his review into the civil justice system of England and Wales,...
Security for costs—stifling a claimThis Practice Note considers the opposition to a security for costs application on the basis that it would stifle...
Brexit—implications for data protection [Archived]ARCHIVED: This archived Practice Note provides information on the Data Protection, Privacy and...
Assimilated lawIntroductionThe body of domestic law derived originally from EU obligations and established by the European Union (Withdrawal) Act 2018...
Brexit—introduction to the Withdrawal AgreementThe UK’s formal withdrawal from the EU took effect at 11 pm on 31 January 2020 (exit day). At this...
Latest PI & Clinical Negligence Precedents
Retained EU law—training materials [Archived]ARCHIVED: This Precedent has been archived and is not maintained.These training materials consist of...
Detailed letter of instruction to a personal injury medical expertDear [insert expert’s name]Re: [insert name of client and the client’s date of...
Claim against a highway authority in negligence and for breach of the Highways Act 1980[In the High Court of JusticeORIn the County Court at...
Letter to expert requesting costs budgeting informationDear [expert’s name]Re: [Client’s name]Address: [Insert address]Date of Birth: [Insert date of...
Letter requesting security for costs from the claimant[Insert claimant's solicitor's address][Insert solicitor's reference][Insert date]By email and...
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
Area development agreement
An agreement which a franchisor and an operator enter into where the operator is required to operate franchise outlets itself within a designated area and may not sub-franchise to third parties.
Debate
A hearing of argument on legal points before evidence is led.
F4E / Fusion for Energy
The European Union’s Joint Undertaking for ITER and the Development of Fusion Energy. The organisation was created under the Euratom Treaty by a decision of the Council of the European Union. F4E, which is located in Barcelona, Spain, is responsible for: providing Europe's contribution to ITER, supporting fusion research and development and contributing towards the construction of demonstration fusion reactors.
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