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This week’s edition of PI & Clinical Negligence weekly highlights includes a Court of Appeal decision which considered causation in a mesothelioma claim. We also consider a High Court judgment which found that the fixed costs regime was disapplied retrospectively on allocation to the multi-track. In addition, we have our usual roundup of other news, cases and New Law Journal articles of interest.
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Fixed costs in employer liability and public liability claimsNOTE: the CPR was amended on 1 October 2023 to extend the application of fixed recoverable costs. These amendments apply where:•the cause of action accrues on or after 1 October 2023 (the date of accrual will usually be the date of the
Part 36 offers in PI and clinical negligence claimsThis Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For offers made prior to this, see Practice Note: Part 36 Offers—pre-6 April 2015 [Archived].The CPR was amended on 1 October 2023 to
The Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) ClaimsThe Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (the EL/PL protocol) applies to claims valued up to £25,000 where the accident occurred on
What are the consequences for attaching a letter disclosing a Part 36 offer to the court before the trial? What actions can a claimant solicitor take against the defendant who has made this grave error in breach of the CPR? What powers are available to the court under such circumstances? Is the Part
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