Powered by Lexis+®
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

Read More Right Arrow

Schedules of loss in personal injury and clinical negligence: CPR and protocol requirements, evidence, Ogden Tables, future loss methodology and discount rate (England and Wales)

Practice notes
imgtext

NOTE: On 2 December 2024, the Lord Chancellor officially announced that the Discount rate would move to a positive +0.5%. This +0.5% rate takes effect on 11 January 2025. Under Schedule A1 of the Damages Act 1996, any later review must occur within five years of the last review’s conclusion, which therefore means the next review must start no later than 2 December 2029.

Requirements of the schedule

Under CPR PD 16, paragraph 4.2, a claimant must append to their particulars of claim a schedule setting out in detail any claimed past and future losses and expenses that they seek.

Per CPR PD 22, paragraph 1.1(3), the schedule, and any revisions or amendments made to it, require verification by means of a statement of truth. Accordingly, the claimant should ensure they fully understand what the schedule contains and signifies...

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

Popular documents

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

Read More Right Arrow

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...

Read More Right Arrow

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 ...

Read More Right Arrow

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 ]...

Read More Right Arrow