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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.

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Latest PI & Clinical Negligence Precedents

Precedents
Letter of instruction to single joint expert (with drafting notes)

Letter of instruction to single joint expert (with drafting notes)Private & confidential[insert name and address of expert][insert date]Dear [insert...
Precedents
Letter of instruction to own expert (with drafting notes)

Letter of instruction to own expert (with drafting notes)Private & confidential[insert name and address of expert][insert date]Dear [insert name of...
Precedents
Precedent instructions or brief to counsel

Precedent instructions or brief to counsel[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert...
Precedents
Witness statement in support of the defendant’s application for permission to make an additional claim for a contribution or indemnity against a co-defendant (formerly: Witness statement in support of the defendant’s application for permission to make an additional claim against a co-defendant)

Witness statement in support of the defendant’s application for permission to make an additional claim for a contribution or indemnity against a...
Precedents
Witness statement in support of application for declaration that another party’s solicitor has ceased to act

Witness statement in support of application for declaration that another party’s solicitor has ceased to actFiled on behalf of the [claimant OR...
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Latest PI & Clinical Negligence Q&As

Q&As
An employee who is not currently registered with Social Work England (SWE) has been dismissed and a referral to the Disclosure and Barring Service (DBS) is being made, due to safeguarding concerns. The employer is concerned that the former employee may try to register with SWE in order to work with vulnerable children in the future, without disclosing the safeguarding concerns relating to them, and without SWE carrying out the relevant DBS checks. If the employer informs SWE voluntarily about the outcome of the disciplinary proceedings against the employee, would this amount to a breach of data protection law?
Q&As
Where a company is a party to proceedings and has changed its name since issue, how do you reflect this name change on the court record when the underlying entity has remained the same?
Q&As
Where a costs order has been awarded in favour of a defendant in a money claim, are there any costs provisions which would apply to allow the defendant to offset the costs order against damages, costs and interest awarded to a claimant?
Q&As
If a party wishes to vary an order for sale in respect of a property which it has taken possession of (because the order for sale is subject to a condition that the property be sold for a certain amount and it has transpired that this is in excess of the value), does the usual rule apply and the application should be served on the other side at least three days before the application hearing? Is it possible for the application to instead be made: i) without notice; and/or ii) on paper?
Q&As
If a construction contract provides that no claims for breach of contract may be brought after the expiry of twelve years from practical completion, could that time bar preclude claims for contributions under the Civil Liability (Contribution) Act 1978? This might be relevant where one of the parties has been sued for defective work by a third party later than twelve years from which completion. That is now a possibility as a result of the ‘special’ limitation periods for claims under the Defective Premises Act 1972 introduced by the Building Safety Act 2022.
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Associated legal terms

Certificate of entitlement to the right of abode

A certificate stating that a person has the right of abode in the United Kingdom (see the Nationality, Immigration and Asylum Act 2002, s 10 and the Immigration Act 1971, s 33(1)).

Coolant

Material such as water or pressurised gas that transfers heat from the core.

Policy

The grounds of a house.
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