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 Ministry of Justice (MoJ) has published its response to the consultation on 'Revisions to the Medical Reporting Process for Road Traffic Accident...
Dispute Resolution analysis: the Court of Appeal considered whether the Denton criteria for the grant of relief from sanctions were met in a case...
The Master of the Rolls (MR), Sir Geoffrey Vos, the Lady Chief Justice (LCJ), Â Baroness Carr of Walton-on-the-Hill , Heidi Alexander MP and Director...
The Official Injury Claim (OIC) has published its monthly data reporting for November 2024. The OIC introduced the monthly data reporting system,...
Law360: A London judge has blocked the founder of an international luxury ride-hailing company from suing the anonymous publishers of two websites,...
Latest PI & Clinical Negligence Practice Notes
Contract disputes—key and illustrative decisions (2020-2023) [Archived]ARCHIVED: This archived Practice Note sets out illustrative and key decisions...
Supreme Court—costs, fees and funding—on or after 2 December 2024Appeals on or after 2 December 2024This Practice Note applies to appeals to the...
Supreme Court—the portal, filing and service—on or after 2 December 2024This Practice Note provides guidance on the Supreme Court portal, and on...
Solicitor and client costs—rights to an assessmentThis Practice Note addresses the circumstances in which a solicitor-own client assessment may be...
Settling disputes—drafting the settlement agreementThis Practice Note considers the key issues when drafting a settlement agreement, including correct...
Latest PI & Clinical Negligence Precedents
Particulars of claim for defective hip replacementClaim No: [Insert]IN THE COUNTY COURT AT [insert location]Between[insert...
Particulars of claim against a pharmacistIN THE COUNTY COURT AT [insert location]claim No. [insert number][insert name] Claimantand[insert...
Claim against a care home for pressure sore injuryIN THE [COUNTY COURT AT [Insert] OR HIGH COURT]Claim No. [Insert claim number]Parties:[Mrs Jane...
Order for extension of time to serve the claim formClaim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE][[BUSINESS AND PROPERTY COURTS [OF...
Letter requesting adverse documents under Business and Property Courts Disclosure Scheme[Insert name and address of recipient][Insert date]PRIVATE,...
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
Bid bond
Also known as a tender bond (or guarantee). These are used as part of the tender process to guarantee performance by tendering contractors (more commonly in international projects). Bid bonds typically operate so that the surety will pay out to the employer (subject to maximum sum specified in the bond) in the event that the successful tenderer fails to perform the contract—a tender bond gives the employer comfort that tenderers are able to perform the contract on the basis of the bids submitted by the tenderers. They are usually issued as on-demand instruments.
Common law
Common law is case law (decisions from courts and tribunals). Case law has also established and developed many principles of law and equity not covered by legislation. Case law is therefore a key source of primary law.
Remeasurement contract
A contract where the amount to be paid for the work carried out is based on the remeasurement of work after it has been carried out, usually against a schedule of rates contained in the contract.
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