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).

LexisPSL Personal Injury is the only place where you can find all the latest practice notes, legislation, commentary, forms and precedents you need together online. Liability, quantum and procedure, all in one package.

Our clear, concise practice notes give you a succinct overview of each legal area – with direct links for deeper research to Butterworths Personal Injury and Litigation Service, All England Law Reports, Munkman on Damages and Binghams & Berrymans Personal Injury and Motor Claims Cases. We have thousands of quantum cases in one easy-to-search database, with new cases added every week. Plus 20 quantum calculators that can run highly complex calculations for you in minutes (not hours).

LexisPSL Personal Injury also comes with other time-saving tools, like medical drawings and dictionaries to keep you on the right track. And news alerts from senior PI experts, sharing their personal wisdom and practical tips (not just the bare transcript). So you can find everything you need in one place, with less research time. And take on new work, in new areas, with real confidence.

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Featured PI & Clinical Negligence content

Practice notes
The nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability resulting from an injury,...
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9th Nov
Practice notes
The Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits within which claimants are entitled to bring claims of various...
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9th Nov
Practice notes
Background and frameworkPurpose of a provisional damages awardWhen the court makes a once and for all lump sum award, it is designed to cover both...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
General principlesAs a general rule, a claimant must give credit for any financial gains they make that they have received as a result of their...
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9th Nov
Practice notes
The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach of duty), and•that the...
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9th Nov
Practice notes
NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
To identify the circumstances in which a court may find an employer to be vicariously liable for a tort committed by an employee it is useful to trace...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
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9th Nov
Practice notes
This case tracker considers case law in relation to qualified one-way costs shifting (QOCS) in order to provide some guidance on how the courts are...
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9th Nov
Practice notes
IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
DefinitionsFraudDefined in Derry v Peek as where it is shown that:'a false representation has been made (1) knowingly, or (2) without belief in its...
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Produced in partnership with Andrew Wilson 12th Jan
Precedents
Brexit: The UK’s departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
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9th Nov
Practice notes
Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...
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9th Nov
Practice notes
Nature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial employment. This award relates...
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9th Nov
Practice notes
Note: This 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,...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5...
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Produced in partnership with Louise Thomson 12th Jan

Most recent PI & Clinical Negligence content

Practice notes
On 31 January 2020, the UK ceased to be a member of the EU and EEA. This Practice Note introduces:•the General Data Protection Regulation, Regulation...
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29th Jan
Practice notes
On 31 January 2020, the UK ceased to be an EU Member State and entered a Brexit implementation period. This Practice Note introduces the general...
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29th Jan
Practice notes
Court directions for investmentIf damages are recovered on behalf of a child following a settlement or at trial, the money will not be paid out to the...
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29th Jan
Practice notes
This Practice Note aims to assist dispute resolution practitioners seeking to understand the fast-moving changes to civil court processes and...
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29th Jan
Practice notes
Abbreviations used in this Practice Note:•LIP—litigant in person•SCCO—Senior Court Costs OfficeCivil Procedure Rules (CPR) provisionsUnder CPR 46.5,...
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29th Jan
Practice notes
What is commercial third party litigation funding?Litigation funding means financing or funding litigation. There are various forms of retainer-based...
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29th Jan
Practice notes
The provisions set out in various Court Guides, some of which are summarised below, are in addition to the provisions in the CPR and its practice...
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29th Jan
Practice notes
This Practice Note provides guidance on conducting a reasonable search for standard disclosure under CPR 31.7. It answers the following key questions...
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29th Jan
Practice notes
This Practice Note considers how to start a claim for misuse of private information (a privacy claim) in England and Wales on or after 1 January 2021....
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29th Jan
Practice notes
Brexit: The UK's departure from the EU has implications for practitioners in areas covered by this Practice Note, being applicable law, jurisdiction,...
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Produced in partnership with Sophie Eyre, Partner, Simon Phippard, of Counsel and Matthew Foote, Senior Associate of Bird & Bird LLP 29th Jan
Practice notes
Rationale for the proportionality provisionsThe key rationale for the changes was set out in the Jackson Final Report as being: 'Access to justice is...
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29th Jan
Practice notes
General damagesGeneral damages comprise those heads of loss that are non-pecuniary and are not capable of precise calculation.The most common and...
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29th Jan
Precedents
Filed on behalf of the defendantWitness statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...
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29th Jan
Practice notes
Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For guidance on transitional...
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29th Jan
Practice notes
Where the claimant has already obtained a default judgment, the defendant may still wish to defend the claim. To do so, the default judgment will have...
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28th Jan
Practice notes
Coronavirus (COVID-19): If making an application, this can be dealt with without notice and on the papers, see: Application without notice and...
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28th Jan
Practice notes
The Pre-action protocol for disease and illness claimsThis Protocol applies to all personal injury claims where the injury is not the result of an...
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28th Jan
Practice notes
This Practice Note addresses the implications of the UK leaving the EU after the end of the implementation period, being 31 December 2020. This...
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28th Jan
Practice notes
This Practice Note explains the application of the Service Regulation. Service under the regulation is only applicable between the UK and EU Member...
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Produced in partnership with Camilla McPherson 28th Jan
Practice notes
This Practice Note is for use in cases in which the procedure was commenced prior to IP completion day (31 December 2020 at 11 pm) and the...
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28th Jan

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