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
Dispute Resolution analysis: The Court of Appeal has given guidance on the proper procedure for group litigation on environmental issues. Allowing the...
Personal injury and clinical negligence analysis: This is the first time the Court of Appeal has considered the situation where credit hire charges...
The Association of Consumer Support Organisations (ACSO) has expressed concern over the government's protracted response to the 2023 consultation on...
The minutes of the CPR Committee (CPRC) meeting of 1 November 2024 (conducted in a hybrid format at The Rolls Building (Royal Courts of Justice) and...
This week's edition of PI & Clinical Negligence weekly highlights includes confirmation from the Court Funds Office on a further reduction in interest...
Latest PI & Clinical Negligence Practice Notes
Stages of the mediationThis Practice Note sets out the key stages of the mediation process, including pre-mediation meetings with the client and...
Which enforcement of judgment method should I choose?This Practice Note on domestic enforcement outlines the different methods of enforcement...
What fees are payable when enforcing a judgment or order? [Archived]ARCHIVED: This Practice Note has been archived and is not maintained. This...
Unauthorised visitors—the duty of careBackgroundThe Occupiers’ Liability Act 1957 (OLA 1957) had been enacted to provide for a common duty of care...
Trips and slips in the workplaceThis Practice Note considers the position regarding the Workplace (Health, Safety and Welfare) Regulations 1992, SI...
Latest PI & Clinical Negligence Precedents
CFA risk assessment—personal injury and clinical negligenceA: General informationMatter referenceClient nameDate of cause of actionType of claim, eg...
Draft memo for client about disclosure and privilegeThis precedent draft memo should be read (and potentially be sent) with the relevant precedent...
Draft letter responding to request to inspect privileged documentsDear [insert organisation name]We write in response to your letter of [DATE].[Our...
List of documents—standard disclosure (with drafting notes)The list of documents should generally be completed on Form N265 (Make a standard...
Particulars of claim for defective hip replacementClaim No: [Insert]IN THE COUNTY COURT AT [insert location]Between[insert...
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
Budgeted costs
Costs provided for in a parties' costs budget ie estimated future costs which have not yet been incurred
Consolidated versions
Integration of a particular piece of EU legislation, its amendments and corrections in a single, non-official and non-legally binding document to be used as a documentation tool only.
Offer timetable
The key dates of a takeover timetable as set out in Rule 31.
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