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
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...
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Produced in partnership with Sue Brown 19th May
Practice notes
Was the damage foreseeable?The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach...
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19th May
Practice notes
Smith v Manchester awardsThe nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability...
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19th May
Practice notes
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...
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19th May
Practice notes
What is fundamental dishonesty?This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and...
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19th May
Practice notes
The employer’s duty of careOverriding dutiesAt common law, an employer is under a duty to take reasonable care of the health and safety of its...
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19th May
Practice notes
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...
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Produced in partnership with Andrew Ritchie QC of 9 Gough Chambers 19th May
Practice notes
Untraced drivers and the role of the MIB—for accidents occurring on or after 1 March 2017NOTE: For accidents after 1 March 2017 the Motor Insurers'...
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19th May
Practice notes
Fee remissionsIntroductionCourt and tribunal fees are, for many, prohibitively high. For those in the most straitened circumstances, fee remissions,...
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Produced in partnership with David Willink of Lamb Chambers 19th May
Practice notes
Liability under the Animals Act 1971—all other animalsAll animals except those that belong to a dangerous species (all non-dangerous animals) are...
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19th May
Q&As
Section 152(1) of the Road Traffic Act 1988 (RTA 1988) states that no sum is payable by an insurer under RTA 1988, s 151 in respect of any judgment...
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Produced in partnership with David Sawtell of 39 Essex Chambers 19th May
Practice notes
Quantifying damages for the estate under the Law Reform ActWhat can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act...
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19th May
Q&As
What costs are payable on a matter which is in the MOJ portal but settles for less than £1,000? At the time that the matter was entered in the portal...
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19th May
Practice notes
Loss of congenial employmentNature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial...
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19th May
Practice notes
Misfeasance in public officeThe tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only...
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19th May

Most recent PI & Clinical Negligence content

Precedents
Letter explaining DBA—general litigation or advocacyStandard DBA (general litigation or advocacy)We have discussed various options for funding your...
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13th Jul
Precedents
DBA risk assessment—general litigation and advocacyA: General informationMatter referenceClient nameDate of cause of actionType of claim[Insert, eg...
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13th Jul
Precedents
CFA risk assessment—general litigation and advocacyA: General informationMatter reference[Insert]Client nameDate of cause of actionType of claim, eg...
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13th Jul
Precedents
Letter explaining CFA—conditional fees from 1 April 2013—success fee and insurance premium not recoverable between the partiesStandard CFA (success...
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13th Jul
Practice notes
Drafting the defence—drafting tipsThis Practice Note provides practical tips on drafting a defence to a claim. Guidance is given on attacking any...
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Produced in partnership with Ian Seymour and Jenny Raymond of Harrison Clark Rickerbys 13th Jul
Practice notes
Success fee and insurance premiums table—from 1 April 2013This table summarises the following information for different types of claim funded by way...
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13th Jul
Practice notes
Contract disputes—key and illustrative decisionsNOTE: due to length of this Practice Note it is adviseable not to print the Practice Note but to use...
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13th Jul
Practice notes
Responding to a letter of claim—a practical guideThis Practice Note provides guidance on the interpretation and application of the relevant provisions...
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13th Jul
Practice notes
I have obtained County Court judgment for £4,000—what are my options?This Practice Note, produced in conjunction with Phil Roberts of Clarke Willmott...
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Produced in partnership with Phil Roberts of Clarke Willmott 13th Jul
Practice notes
Arbitral organisations and coronavirus (COVID-19)—practical impactThe table below summarises some of the key information regarding the practical...
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13th Jul
Practice notes
Damages-based agreements (DBAs)What is a DBA?A damages based agreement (DBA), sometimes referred to using the umbrella term 'contingency fee...
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13th Jul
Practice notes
The pre-action protocols and when they applyThis Practice Note provides guidance on the interpretation and application of the relevant provisions of...
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13th Jul
Practice notes
Supreme Court—permission to appealCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by the...
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13th Jul
Practice notes
Disclosure—parties' dutiesWhat are a party's duties?CPR 1.3 requires your client to assist the court to further the overriding objective. This...
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13th Jul
Practice notes
Default judgment—requirement to set aside promptly under CPR 13.3This Practice Note considers the requirement under CPR 13.3(2) for the defendant to...
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13th Jul
Practice notes
Norwich Pharmacal orders (NPOs)Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by...
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13th Jul
Practice notes
Serving documents—excluding the claim form and defenceThis Practice Note sets out the rules that apply when seeking to serve documents, other than the...
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13th Jul
Practice notes
Dispute resolution—data protection and GDPR considerationsOn 31 January 2020, the UK ceased to be a member of the EU and EEA. This Practice Note...
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Produced in partnership with Miriam Everett (Global Head of Data and Privacy, Partner), Julian Copeman (Partner) and Hannah Brown (Associate) of Herbert Smith Freehills 13th Jul
Practice notes
Default judgment—setting aside under CPR 13.3This Practice Note considers the provisions in CPR 3.13, which is a self-contained regime for the...
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13th Jul
Practice notes
Claim form—the contentsThis Practice Note considers the current position and provides guidance on the interpretation and application of the relevant...
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13th Jul

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