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
Dispute Resolution analysis: The Civil Justice Council (CJC) has published its final report on the review of litigation funding on 2 June 2025. This...
Law360, London: A government-backed review has set out 58 recommendations to reform the litigation funding sector in England and Wales, in a move that...
Dispute Resolution analysis: The case concerns the defendant’s (‘Accor’) application for further security for costs from the claimant (‘Lloyds’); who...
This week's edition of PI & Clinical Negligence weekly highlights includes news of interest rate reductions for Court Funds Office accounts effective...
Law360, London: The government should introduce legislation to reverse a controversial UK Supreme Court decision that reversed litigation financing,...
Latest PI & Clinical Negligence Practice Notes
Civil appeals—court specific guidanceSTOP PRESS: the Court of Appeal (Civil Division) Guide 2025 has been published—see: LNB News 04/06/2025 36—CATJ...
How to make a genuine without prejudice offerThis Practice Note identifies considerations to bear in mind when formulating and making a ‘without...
Fixed costs—position on or after 1 October 2023This Practice Note considers the fixed costs regime which applies to most civil claims with a value of...
Litigant in person costs—costs management and budgetingThis Practice Note considers the provisions and authorities relating to costs management and...
Electronic working and CE-File—when and where is CE-File applicable?This Practice Note provides guidance on the interpretation and application of the...
Latest PI & Clinical Negligence Precedents
Claim against an employer for noise-induced hearing loss due to exposure to excessive noise while working on construction sitesClaim No. [insert...
Letter of claim for a noise-induced hearing loss claim against an employerAddressYour Ref:Our Ref:Please ask for:Date:Telephone:Email:Dear [insert...
Precedent instructions or brief to counsel[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert...
Claimant’s Part 36 offer—liability onlyDear [insert organisation name]WITHOUT PREJUDICE SAVE AS TO COSTSThis is a claimant’s offer, made pursuant to...
Defendant’s Part 36 offer—liability onlyDear [insert organisation name]WITHOUT PREJUDICE SAVE AS TO COSTSThis is a defendant’s offer, made pursuant to...
Latest PI & Clinical Negligence Q&As
Featured PI & Clinical Negligence content
False imprisonment
False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made...
The employer’s duty of care
The employer’s duty of careThis Practice Note considers the scope of an employer’s common law duty to ensure the safety of their employees with...
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...
Pain, suffering and loss of amenity (PSLA)
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...
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...
Damages in fatal accident claims
Damages in fatal accident claimsElements of a fatal accident claimThere are two different elements to a fatal accident claim:•the Law Reform...
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...
Was the damage foreseeable?
Was the damage foreseeable?The concept of foreseeability and remoteness in negligence claimsEven if the claimant proves:•that the defendant acted...
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...
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 testThis Practice Notes considers the circumstances in which the court will hold...
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...
Interest on general damages, special damages and judgment debt
Interest on general damages, special damages and judgment debtInterest on general damagesEntitlementA claimant is entitled to simple interest at a...
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...
Qualified one-way costs shifting (QOCS)
Qualified one-way costs shifting (QOCS)NOTE: the Civil Procedure (Amendment) Rules 2023, SI 2023/105, amended CPR 44.14 so that defendants can enforce...
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...
Did the claimant consent to the risk of injury?
Did the claimant consent to the risk of injury?The essence of a defence of volenti non fit injuria (‘to a willing person, no injury is done’) is that...
Associated legal terms
Estate administration
The process of administering a deceased individual’s estate, starting on the date of death and ending when all liabilities have been settled, the estate has been distributed and final estate accounts approved by the PRs. The estate administration period is often said to run until the residue is ascertained, albeit that there are final actions required to complete the estate administration.
Revived copyright
Prior to 1996, the term of copyright in original works used to be 50 years in the UK while in other European countries it was 50, 70 or 80 years. This discrepancy was addressed at an EU level and, as a result of this, in the UK, the copyright term increased to 70 years. As a result of the increase in the term of protection, in certain circumstances, copyright can be revived where it has expired in a work, or extended. ‘Revived copyright’ means any copyright which subsists, by virtue of the provisions of the Copyright, Designs and Patents Act 1988 (CDPA 1988) as amended by the Duration of Copyright and Rights in Performances Regulations 1995, SI 1995/3297, after having expired under the provisions of CDPA 1988 as they stood immediately before 1 January 1996, including the provisions of Schedule 1 continuing the effect of earlier enactments, or any earlier enactment relating to copyright.
Verification
The process by which a document relating to an IPO or offer'>secondary offer (for example, a prospectus or admission document) is checked to ensure that all the content is true, accurate and not misleading. The purpose of the verification exercise is to protect those who have responsibility for the document and culminates in a written record usually referred to as ‘verification notes’ supporting the statements made in the document.
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