The following PI & Clinical Negligence news provides comprehensive and up to date legal information on Ruling on the scope of ‘same damage’ in a contribution claim pursued by a motor insurer sued directly (Navid Doroudvash v Zurich Insurance plc)
The following PI & Clinical Negligence news provides comprehensive and up to date legal information on Re-opening refusal of permission to appeal for failure to undergo medical testing (Clarke v Matthew Poole and others)
The following Dispute Resolution news provides comprehensive and up to date legal information on Apple’s challenge to UK class action funding deal fails
The following PI & Clinical Negligence news provides comprehensive and up to date legal information on PI & Clinical Negligence weekly highlights—17 April 2025
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 imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made...
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 victimsWhat is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the...
The court’s power to extend the time limit—section 33 of the Limitation Act 1980The power to disapply the primary limitation periodWhen dealing with personal injury claims that fall within LA 1980, s 11, the court has a discretion to disapply the primary limitation period even though a claim has not
Disability, fraud, concealment and mistake—sections 28 and 32 of the Limitation Act 1980Persons under a disabilityClaimants under a disabilityFor the purposes of the Limitation Act 1980 (LA 1980) a claimant is under a disability while they:•are a child under 18 years of age, or•lack capacity (as
Micklefield clausesWhat is a Micklefield clause?It is common for employee share plans to provide that, on termination of employment (or when an employee is given or receives notice of termination of employment), subsisting share awards will be forfeited and subsisting share options will lapse.It is
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
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