Establishing legal liability

View PI & Clinical Negligence by content type:

News
Practice notes
Precedents
Q&As

Sub Topics We Cover

Claims involving fraud and fundamental dishonesty Liability defences Proving negligence or breach of statutory duty Vicarious liability

Latest PI & Clinical Negligence News

CJC concludes comprehensive review of pre-action protocols with publication of final report (phase two)

CJC concludes comprehensive review of pre-action protocols with publication of final report (phase two)
MoJ publishes annual report and accounts for 2023-2024

MoJ publishes annual report and accounts for 2023-2024
Misrepresentation, implied terms and settlement agreements (Pentagon Food Group Ltd v B Cadman Ltd)

Misrepresentation, implied terms and settlement agreements (Pentagon Food Group Ltd v B Cadman Ltd)

The following Dispute Resolution news provides comprehensive and up to date legal information on Misrepresentation, implied terms and settlement agreements (Pentagon Food Group Ltd v B Cadman Ltd)

PI & Clinical Negligence weekly highlights—14 November 2024

PI & Clinical Negligence weekly highlights—14 November 2024

The following PI & Clinical Negligence news provides comprehensive and up to date legal information on PI & Clinical Negligence weekly highlights—14 November 2024

Featured PI & Clinical Negligence content

Duty of care and breach in clinical negligence claims

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 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 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 victims

Psychiatric injury—secondary victimsWhat is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the...

Practice notes

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...
Read More >
1st Mar
Practice notes

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...
Read More >
1st Mar
Practice notes

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...
Read More >
Produced in partnership with Andrew Wilson
1st Mar
Practice notes

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...
Read More >
1st Mar
Practice notes

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...
Read More >
Produced in partnership with Sue Brown
1st Mar
Practice notes

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...
Read More >
1st Mar
Practice notes

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...
Read More >
Produced in partnership with Samuel David of Anthony Gold Solicitors
1st Mar
Practice notes

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’...
Read More >
Produced in partnership with Andrew Wilson
2nd Mar
Practice notes

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...
Read More >
2nd Mar
Practice notes

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...
Read More >
1st Mar
Practice notes

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...
Read More >
2nd Mar
Practice notes

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...
Read More >
2nd Mar
Practice notes

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...
Read More >
Produced in partnership with Andrew Wilson
1st Mar
Practice notes

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...
Read More >
2nd Mar
Practice notes

Identifying the correct defendant in clinical negligence claims

Identifying the correct defendant in clinical negligence claimsThe National Health Service (NHS)England and Wales have a publicly funded health...
Read More >
Produced in partnership with Sarah Fraser Butlin of Cloisters
1st Mar
Practice notes

Drafting schedules of loss in PI and clinical negligence claims

Drafting schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the...
Read More >
Produced in partnership with Louise Thomson
1st Mar

Popular documents

Where a claimant has obtained default judgment pursuant to CPR 12.4(1) will the court order a disposal

Where a claimant has obtained default judgment pursuant to CPR 12.4(1) will the court order a disposal hearing or allocate the case to a track and give standard fast track directions?Setting aside default judgmentWhere a claimant has obtained default judgment, a defendant may still wish to defend

If a claimant has issued proceedings against two defendants and subsequently the first defendant makes a

If a claimant has issued proceedings against two defendants and subsequently the first defendant makes a Part 36 offer to settle the matter despite liability being outstanding between the two defendants, can the first defendant then pursue the second defendant for a recovery? Will separate

Scope and impact of vicarious liability

Scope and impact of vicarious liabilityRelationships sufficiently akin to employmentIn Catholic Child Welfare Society v Various Claimants, Lord Phillips famously stated at para [19]:‘The law of vicarious liability is on the move.’The relationship that will most often give rise to vicarious liability

Material contribution in personal injury claims

Material contribution in personal injury claimsThe standard test for determining whether the defendant’s breach caused the claimant’s loss is the ‘but for’ test. This test requires the court to consider: but for the breach of the duty by the defendant, would the claimant have sustained the damage?