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 Infected Blood Compensation Authority (IBCA) has released an update on the progress of compensation claims, with £48.2m offered and £25.2m paid to...
Law360, London: The UK antitrust court gave an academic the go-ahead 6 March 2025 to bring a £1bn class action against Google on behalf of software...
The minutes of the CPR Committee (CPRC) meeting of 6 December 2025 (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 news that the Ministry of Justice has announced a decrease to the interest...
Dispute Resolution analysis: This is a judgment considering the applicable presumption in relation to costs in the event of discontinuance under CPR...
Latest PI & Clinical Negligence Practice Notes
Damages claims pilot scheme—CPR PD 51ZBThis Practice Note considers CPR PD 51ZB, which deals with a pilot scheme to test an online claims process for...
Declaratory reliefThis Practice Note considers when, why and how you can apply to court for declaratory relief (a declaration from the court) and what...
Summary judgment and strike out—illustrative decisionsThe general principles applicable in applications for summary judgment or to strike out a...
Without prejudice communicationsThis Practice Note explains ‘the without prejudice rule’ that affects the admissibility of evidence relating to...
Costs consequences of refusing to consider ADR in civil proceedingsThis Practice Note considers the relevant Civil Procedure Rules (CPR) which deal...
Latest PI & Clinical Negligence Precedents
Letter explaining CFA—conditional fees from 1 April 2013—success fee and insurance premium not recoverable between the partiesStandard CFA (success...
CFA risk assessment—general litigation and advocacyA: General informationMatter reference[Insert]Client nameDate of cause of actionType of claim, eg...
DBA risk assessment—general litigation and advocacyA: General informationMatter referenceClient nameDate of cause of actionType of claim[Insert, eg...
Letter explaining DBA—general litigation or advocacyStandard DBA (general litigation or advocacy)We have discussed various options for funding your...
Witness statement—genericFiled on behalf of the [insert party eg [Claimant OR Appellant] or [Defendant OR Respondents]]Number of witness statement:...
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
Industrial application
An invention shall be taken to be capable of industrial application if it can be made or used in any kind of industry, including agriculture.
Kyoto Protocol
The Kyoto Protocol is an international agreement under which the industrial countries, including the EU Member States, commit themselves to reducing six greenhouse gas emissions in order to tackle climate change.
Reactor Pressure Vessel (RPV)
The part of the NPP which houses the reactor core and cooling system.
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