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
This week's edition of PI & Clinical Negligence weekly highlights includes a news analysis of how advances in neurotechnology may impact the personal...
PI & Clinical Negligence analysis: In this conjoined appeal, the Court of Appeal considered whether the police held a duty of care to protect Ms...
PI & Clinical Negligence analysis: Harry Lambert, a barrister at Crown Office Chambers and founder and head of the Centre for Neurotechnology and Law,...
PI & Clinical Negligence analysis: Alex Stutt of Anthony Gold discusses the landmark Supreme Court case of Paul and another (Appellants) v Royal...
HM Courts and Tribunals Service (HMCTS) has issued updated guidance for the Damages Claims pilot scheme under CPR PD 51ZB. HMCTS has confirmed that...
Latest PI & Clinical Negligence Practice Notes
Disclosure Scheme—when and where it appliesThis Practice Note explains when and where the Disclosure Scheme in the Business and Property Courts...
The application notice—form N244This Practice Note provides guidance on completing the most common form of application notice, form N244.This Practice...
Creating a draft order for an interim applicationThis Practice Note gives guidance on how to approach drafting an order for use in an interim...
Summary judgment—making an applicationThis Practice Note sets out what you need to issue and file to bring a summary judgment application, with...
Summary judgment—principles of approachThis Practice Note sets out the court’s general approach when considering applications for summary judgment....
Latest PI & Clinical Negligence Precedents
Witness statement in support of application for strike out on the basis of abuse of processFiled on behalf of the defendantWitness statement of...
Order for strike out on the basis of abuse of process [Archived]ARCHIVED: This Precedent has been archived and is no longer maintained. For guidance...
Order for strike out for failure to comply [Archived]ARCHIVED: This Precedent has been archived and is no longer maintained. For guidance on creating...
Draft order for summary judgment [Archived]ARCHIVED: This Precedent has been archived and is no longer maintained. For guidance on creating a draft...
Witness statement in support of an application on the basis of no reasonable groundsFiled on behalf of the [claimant OR defendant]Witness statement of...
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
Consumer
A consumer is a person acting outside the context of a trade, business or profession, but the definition takes different meanings depending on the context in which it is used. Therefore it is important to check the relevant law or regulation such as the Consumer Rights Act 2015 (CRA 2015), the Unfair Contract Terms Act 1977, the Sale of Goods Act 1979.
Kingman review
An independent review commissioned by the UK government and led by Sir John Kingman, to examine the role and powers of the FRC. The outcome of the review was published in December 2018 and in March 2019 the government published a consultation paper seeking views on the recommendations made in the review.
Lapsed patent
A patent lapses where the renewal fees have not been paid.
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