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PI & Clinical Negligence weekly highlights—13 February 2025 In this issue: CPR updates Public authorities and the state Clinical negligence Employer’s liability Other PI and Clinical negligence news New content LexTalk®PI & Clinical Negligence: a Lexis®Nexis community Daily and weekly news alerts Useful information CPR updates 179th Practice Direction update and pre-action protocol update—in force 22 January 2025 and 6 April 2025 The 179th Practice Direction (PD) update takes effect on 6 April 2025. The Master of the Rolls and the Courts Minister have signed the Practice Direction Update, which sets out a series of amendments in support of the Civil Procedure (Amendment) Rules 2025, SI 2025/106...

PI & Clinical Negligence weekly highlights—14 November 2024 In this issue: Clinical negligence Claims involving a mentally incapacitated claimant Accidents on the highway CPRC minutes Other PI and Clinical negligence news New Q&As Daily and weekly news alerts LexTalk®PI & Clinical Negligence: a Lexis®Nexis community LexisNexis® Webinars Useful information Clinical negligence High Court rejects allegations of fundamental dishonesty in delayed diagnosis of laryngeal cancer case In Cullen v Henniker-Major, the claimant was accepted as a truthful witness and accusations of fundamental dishonesty failed. Following a laryngectomy, she needed continuous support for her stoma/airway and voice valve. The court favoured the claimant’s care expert, finding a live-in carer both suitable and workable, in preference to the defendant’s rehabilitation-focused proposal. Damages were granted for past gratuitous assistance, future care aligned with the live-in model, future psychological therapy, and future equipment. As the claimant remains entitled to NHS funding, the parties were asked to include...

In this issue: Key PI and clinical negligence developments Costs Employer's liability Road traffic accidents LexTalk®PI & Clinical Negligence: a Lexis®Nexis community Daily and weekly news alerts Useful information Key PI and clinical negligence developments The personal injury discount rate—a review Late in 2024, the Lord Chancellor, Shabana Mahmood MP, revealed the outcome of her five‑month review of the discount rate, first launched in July 2024. A month after the new +0.5% discount rate took effect, Thea Wilson (barrister at 12 King’s Bench Walk) assesses its influence on claims, responses from claimant and defendant representatives, and what the shift means for practitioners. See News Analysis: The personal injury discount rate—a review. Costs Qualified one-way costs shifting applied to a claim for personal injury caused by the wrongful disclosure of private information In Birley v Heritage Independent Living Ltd [2025] EWCA Civ 44, the Court of Appeal determined that qualified one‑way costs...

The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents This Practice Note provides a hands-on summary of the key elements of Stage 2 and 3 of the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents, together with an examination of leading case law and the practical consequences for those operating within the online portal. Note: The Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents (the RTA Small Claims Protocol) applies to accidents occurring on or after 31 May 2021 where the sum claimed for injuries is not more than £5,000 and the total value of the claim is not more than £10,000. The small claims track limit for personal injury claims arising from a road traffic accident is £5,000 for damages for pain, suffering and loss of amenity (PSLA), subject to specified exceptions. For more on the RTA Small Claims Protocol, including when it does not apply, see Practice Note: The road traffic...

NOTE : The Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents (the RTA Small Claims Protocol) This protocol applies to accidents occurring on or after 31 May 2021 where the injury element of the claim does not exceed £5,000 and the total value is capped at £10,000. The small claims track limit for personal injury arising from road traffic accidents has been raised to £5,000 for damages for pain, suffering and loss of amenity (PSLA), subject to specified exceptions. For more about the RTA Small Claims Protocol, including when it is disapplied, see: The RTA small claims protocol—key features checklist. Whiplash claims, often described as soft tissue injury claims, arise from an impact to a vehicle that causes sudden acceleration and a forceful overextension of the claimant’s neck. While the body remains restrained, the head is propelled backwards, extending the neck. This abrupt motion harms the neck’s ligaments and tendons. Tendons are strong, fibrous cords that attach muscles to bone. Ligaments...

NOTE : The Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents (the RTA Small Claims Protocol) covers collisions taking place on or after 31 May 2021, in circumstances where the sum claimed for the injuries does not exceed £5,000, and the overall claim value is capped at £10,000 in total. The small claims track threshold for personal injury arising from a road traffic accident has been lifted to £5,000 in respect of damages relating to pain, suffering and loss of amenity, subject to certain exceptions. For comprehensive information on the RTA Small Claims Protocol, including situations in which it does not apply, see Practice Note: The road traffic accident small claims protocol and Checklist: The RTA small claims protocol—key features checklist...