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In this issue: Criminal injuries Costs and funding Case management Other PI news New and updated content Daily and weekly news alerts LexTalk®PI & Clinical Negligence: a Lexis®Nexis community Useful information Criminal injuries Supreme Court declines permission to appeal in claim refused under the Criminal Injuries Compensation Scheme Permission to appeal was declined by the Supreme Court on 8 October 2024. In the earlier decision, R (on the application of Peiris) v First Tier Tribunal [2023] EWCA Civ 1527, [2024] All ER (D) 18 (Jan), the Court of Appeal, Civil Division, dismissed the appellant’s case. The appellant, who was neither a British national nor ordinarily resident in the UK, had his Criminal Injuries Compensation Scheme application rejected for failing to satisfy the Scheme’s nationality requirements. The court found that the differential treatment arising from the eligibility criteria for a bereavement award was objectively justified, and that those criteria pursued a legitimate aim: delivering...
PI & Clinical Negligence weekly highlights—30 January 2025 In this issue: Key PI and clinical negligence developments Public authorities and the state Psychiatric and occupational stress Costs and funding Other PI and Clinical negligence news LexTalk®PI & Clinical Negligence: a Lexis®Nexis community LexisNexis® Webinars Daily and weekly news alerts Useful information Key PI and clinical negligence developments Neurotechnology and the law—Personal injury and clinical negligence: Harry Lambert, a barrister at Crown Office Chambers and the founder and head of the Centre for Neurotechnology and Law, explores imminent advances in neurotechnology, assessing how they may reshape rehabilitation and deliver game-changing effects across personal injury and clinical negligence. See News Analysis: Neurotechnology and the law—Personal injury and clinical negligence. HMCTS issues updated guidance for the Damages Claims pilot scheme under CPR PD 51ZB: HM Courts and Tribunals Service (HMCTS) has published refreshed guidance for the Damages Claims pilot scheme operating under CPR PD 51ZB...
Timing and procedure Once the period for acknowledging service has expired, a claimant may seek an interim payment order. There is no obligation to re-file or re-serve any evidence already lodged or provided to the relevant party. The application must be made in accordance with, and as set out in, CPR 23, and Form N244 can be used for this purpose. The application notice must be accompanied by supporting evidence. See ‘Claimant’s evidence’ below. See also Practice Note: How to make an application for a court order (CPR 23)...
What are general damages and special damages? General damages General damages are sums that cannot be measured with exactness and instead require a considered valuation. They include: non-pecuniary loss (past and future) for pain, suffering and loss of amenity (PSLA), handicap in the labour market, loss of congenial employment, loss of convenience, etc future pecuniary loss, e.g. future loss of earnings, future care, etc In everyday practice, the label ‘general damages’ is frequently used to denote PSLA alone. Although that is the most common head of general damages in personal injury claims, it is not the only one. Care should therefore be taken to ensure both sides understand precisely what is meant, particularly during settlement negotiations. Special damages Special damages, or past pecuniary loss, comprise financial losses up to the trial date that can be calculated with reasonable precision, e.g. past loss of earnings, past travel expenses, past care, etc. In practice, the term ‘special damages’, and any schedule...
This Practice Note It sets out how NHS charges are recovered, covering applications for certificates, payment of sums due, and routes to request a review or lodge an appeal against an NHS charges certificate. It explains how to apply for a certificate, settle NHS charges, and the steps to seek a review or bring an appeal where that is required. It further addresses procedures where contributory negligence arises and where more than one compensator is involved. Where an injured party obtains compensation following an accident, the NHS may reclaim the costs of that person’s NHS hospital care and any associated ambulance charges. Responsibility for collection rests with the Compensation Recovery Unit (CRU), which then reimburses the appropriate hospital or ambulance provider. The scheme is designed so that monies recovered by the CRU flow straight to the NHS and/or the ambulance trust that delivered the care, for reinvestment in patient services. The Department for Work and Pensions (DWP) makes clear these sums are not extra funding, but reimbursement of resources...
HSC(CHS)A 2003, Part 3 For personal injury compensation claims where the incident occurred on or after 29 January 2007, Part 3 of the Health and Social Care (Community Health and Standards) Act 2003 (HSC(CHS)A 2003) applies. The HSC(CHS)A 2003 extends to any matter involving foreign nationals and foreign compensators, in circumstances where NHS treatment and/or ambulance services were delivered to the injured person following their return to England, Scotland or Wales. Part 3 of the HSC(CHS)A 2003 permits recovery of the costs of treating an injured person in all situations where that individual has successfully pursued a personal injury claim against a third party. Under HSC(CHS)A 2003, s 150(3), a ‘compensation payment’ is a payment, including one in money’s worth, made on behalf of a person who is, or is alleged to be, liable in respect of the injury. HSC(CHS)A 2003, s 150(3) further provides that relevant NHS charges are not included...