Jurisdiction(s):
United Kingdom

Key definition

Claim definition

What does Claim mean? In practice, a claim is a party’s demand for a remedy from a court or tribunal against another, initiated by issuing the originating process. It seeks relief such as damages, an injunction, specific performance, restitution or a declaration, and rests on an identifiable cause of action (or equivalent legal basis). The term is descriptive (not generally defined by statute) and shaped by civil procedure rules. In England and Wales, a claimant brings a claim under the CPR by claim form (Part 7 or Part 8) against a defendant. It includes counterclaims and additional claims (contribution, indemnity or set‑off). In...

Clinical negligence: delayed diagnosis and treatment—duty, causation (material contribution) and loss of a chance

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

Introduction

The duty of care expected of doctors and other clinicians is widely recognised. Yet claims alleging delayed diagnosis or treatment are often made harder by issues of causation. Almost every clinical negligence claimant arrives with existing health risks. The core question in this field is whether, and exactly which, further harm and loss were brought about by the supposed medical negligence...

Types of claim

Cases involving delay in treatment or diagnosis arise across the NHS. The most substantial claims tend to occur in acute and emergency settings—an unwell patient moves through many steps in a large hospital, and each stage offers scope for delay. Typical instances include:

late ambulance attendance at the scene or slow transport to hospital
patients being incorrectly triaged in A&E
postponed referral for investigations
investigations being misinterpreted
delay or failure in obtaining senior or specialist input

In Gouldsmith, a breach of duty was found where vascular problems affecting the claimant’s fingers and hands should have prompted the hospital trust to...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

David Green

12 King's Bench Walk

A personal injury and employment barrister with particular interest and expertise in occupational disease, military and international claims, and in discrimination and whistleblowing cases....

Mass Ndow-Njie

7BR

Mass enjoys a multi-disciplinary practice covering areas including clinical negligence law, personal injury law, sports law as well as Inquests and Inquiries. He regularly appears in court on cases in these areas.In July 2020, Mass became the first ever Pupil Barrister to be awarded ‘Barrister of the Week’ by The Lawyer Publication. In January 2021, he was recognised as Advocate’s ‘Pro-bono Hero of the Month’ for his dedication to a pro-bono case and the result obtained on behalf of his client. In November 2021, Mass was presented with two awards in quick succession after he was declared as the winner of the Middle Temple Young Barristers Association (MTYBA) Rule of Law Essay Competition and commended as a Future Leader at the 2021 Chambers and Partners Awards. In January 2022, Mass was listed amongst the ‘Hot 100’ Lawyers across the UK....

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...