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
PI & Clinical Negligence analysis: Alex Stutt of Anthony Gold discusses the landmark Supreme Court case of Paul and another (Appellants) v Royal...
The Courts and Tribunals Judiciary has published an extensive new Chief Coroner's guidance for Coroners on the bench, replacing and expanding upon...
Law360, London: A representative of more than 45 million UK consumers in a class action against Mastercard is being sued by his litigation-funder over...
The Association of Consumer Support Organisations (ACSO) has released an analysis of the latest personal injury data obtained from the Government...
This week's edition of PI & Clinical Negligence weekly highlights includes a Court of Appeal decision that determined the police do not generally owe...
Latest PI & Clinical Negligence Practice Notes
UK Rome II—application and interpretationThis Practice Note is for use when determining applicable law in the courts of England and Wales respect of...
Key clinical negligence liability cases from January 2021 onwards—case trackerThis case tracker considers case law from January 2021 in relation to...
Product liability and defective productsThis Practice Note summarises the law on product liability and defective products under the Consumer...
Consumer protection for defective or dangerous products—legal basesThis Practice Note sets out the different legal bases of consumer protection in...
The Pre-Action Protocol for the Resolution of Clinical Disputes—6 April 2015 onwardsBackgroundWhen the clinical disputes protocol was first introduced...
Latest PI & Clinical Negligence Precedents
Letter of claim—gastric illness contracted during package holidayTo [Defendant]Dear [insert name of organisation]Defendant's Booking...
Calderbank claimant settlement offer pre-action[ON YOUR LETTERHEAD]WITHOUT PREJUDICE SAVE AS TO COSTS[SUBJECT TO CONTRACT][Insert date][Insert name...
Mediation Notice—pursuant to a dispute resolution clausePrivate & confidential[Insert name and address of other party's solicitors][Insert date]Dear...
Drop-hands settlement offer—pre-action[ON YOUR LETTERHEAD][WITHOUT PREJUDICE SAVE AS TO COSTS][Insert date][Insert name and address of other party’s...
Calderbank defendant settlement offer post-issue[ON YOUR LETTERHEAD]WITHOUT PREJUDICE SAVE AS TO COSTS[SUBJECT TO CONTRACT][Insert date][Insert name...
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
Loan agreements for production finance
An agreement to provide production finance for a film to a borrower which is the production company for the film and is secured against an assignment of the borrower’s right to receive the payment of an advance or minimum guarantee payable by the distributor pursuant to an existing distribution agreement the delivery of which is being guaranteed by a completion guarantor.
Radiation Dose Constraints
A numerical dose figure based on knowledge and assessment that is used as a planning aid for minimising individual radiation dose.
Topping right
See Matching right. In the context of a soft or semi-hard irrevocable undertaking, a right for the offeror to be given the opportunity to revise the terms of its offer within a specified timeframe so that it exceeds the value of the competing offer, in which case the undertaking will not lapse. See Irrevocable undertaking—shareholder—takeover offer. Topping rights are now caught by the general prohibition on offer-related arrangements under Rule 21.2. Derogations from the prohibition may be granted following a formal sale process, where the offeree is in serious financial difficulty or where the offeree is bringing in a 'white knight' to compete with a hostile bidder.
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