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 published a thematic report on digitalisation as part of the overarching HM Courts and Tribunals Service (HMCTS)...
This week's edition of PI & Clinical Negligence weekly highlights includes analysis of a High Court decision on handling disputed litigation capacity...
Dispute Resolution analysis: An application for security for costs was made in circumstances where the claimant tried to enforce arbitration awards...
Arbitration analysis: In Petroleum Exploration (PVT) Ltd v Frontier Holdings Ltd and another , the Commercial Court dismissed a section 67 challenge...
Restructuring & Insolvency analysis: The High Court granted an application for pre-action disclosure against Kroll Trustee Services Ltd (Kroll), which...
Latest PI & Clinical Negligence Practice Notes
This Tracker lists a number of decisions in which the courts have considered the interpretation of CPR provisions dealing with dispensing service of...
This Tracker provides examples of cases in which the courts have considered their power to rectify an ‘error of procedure’ under CPR 3.10 in relation...
This Practice Note considers the rules for service of documents on the defendant’s solicitor in a European Economic Area (EEA) state or on a European...
This Practice Note considers the provisions in Section II of Part 6 of the CPR dealing with the power of the court to dispense with the need to serve...
Parties to a 'construction contract' have the right to refer any dispute that has crystallised to adjudication at any time. For more information, see...
Latest PI & Clinical Negligence Precedents
Note: This Precedent does not cover CPR 36 provisions that relate specifically to fixed costs cases. For information on Part 36 offers in fixed costs...
Note: This precedent claimant Part 36 offer letter does not cover CPR 36 provisions that relate specifically to fixed costs cases. For information on...
Note: This Precedent does not cover CPR 36 provisions that relate specifically to fixed costs cases. For information on Part 36 offers in fixed costs...
Note: This Precedent does not cover CPR 36 provisions that relate specifically to fixed costs cases. For information on Part 36 offers in fixed costs...
This precedent draft memo should be read (and potentially be sent) with the relevant precedent draft letter to your client about disclosure:•Draft...
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
Convergence
A term used to describe a variety of technological and market trends involving the blurring of previously distinct lines between market segments such as cable television, telephony and Internet access, all of which can now be provided through a variety of different network platforms.
Earn Out
An arrangement whereby part of the consideration on a share or asset sale is calculated (after completion) by reference to the target company's profits and performance for a specified period following completion.
Flexi-access drawdown pension fund lump sum death benefit
Lump sum death benefit paid from a flexi-access drawdown pension fund created on or after 6 April 2015. This lump sum must satisfy the conditions set out in the Finance Act 2004, Sch 29, Pt 2, para 17A.
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