Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Negligence definition

What does Negligence mean? In legal practice, negligence describes a failure to take reasonable care that results in foreseeable harm or loss. It is proved by establishing: (i) a duty of care, (ii) breach of that duty measured against the objective standard of a reasonable person, (iii) causation (factual “but for” cause and legal scope/remoteness), and (iv) recoverable damage. The concept is defined and developed by case law. A classic formulation is that negligence is omitting what a reasonable person would do, or doing what a prudent person would not (Blyth v Birmingham Waterworks (1856) 11 Ex Ch 781). The test is objective: the

Defendant counter-schedules of loss in personal injury and clinical negligence: drafting guidance, evidence and quantum strategy, including 2025 discount rate update (England and Wales)

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

NOTE:

On 2 December 2024, the Lord Chancellor confirmed a change to a Discount rate of positive 0.5%. That positive 0.5% rate takes effect on 11 January 2025. Under Schedule A1 of the Damages Act 1996, further reviews must occur within five years of the end of the last review, which means the next review is required to begin on or before 2 December 2029. This Practice Note delivers practical guidance on the key elements needed to produce a persuasive counter schedule of loss. It sets out the optimal approach for presenting the defendant’s response to the claimant’s schedule of loss. Frequently claimed heads of past and future loss are addressed, together with links to relevant case law. The claimant is expected to provide the defendant with a detailed itemisation of any past and Future losses, backed by supporting documentation. Doing so enables the claim to be assessed properly at an early stage, and allows an early valuation to be given. Such documentation assists both solicitors and the claimant, as it offers a realistic and informed appreciation of what the claim is worth...

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Louise Thomson

Louise is an established specialist practitioner in Personal Injury and related areas. She regularly acts for both Claimants and Defendants and her practice primarily consists of matters involving employers' liability, holiday claims, occupiers liability, highway claims and road traffic accidents. She specialises in claims involving children and has considerable experience in the Coroners court....

Web page updated on 21/05/2026

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