Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Personal injury definition

What does Personal injury mean? Personal injury describes harm to a person’s body or mind, as opposed to damage to property or pure economic loss. In practice it underpins civil claims in tort/delict, including negligence, occupiers’ liability, employers’ liability, product liability, road traffic accidents and clinical negligence. Across England & Wales, Scotland, Northern Ireland and Ireland, legislation (notably limitation statutes and, in Ireland, Personal Injuries Assessment Board legislation) commonly defines personal injuries to include disease and any impairment of a person’s physical or mental condition. Recognised heads therefore cover physical injury, industrial disease and psychiatric injury. Fatal injury claims are related but procedurally distinct. Key legal features...

Personal injury litigation with bankrupt or insolvent parties: claimant vesting, hybrid damages, moratoria, proofs of debt, direct actions against insurers, protocols and limitation (England and Wales)

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

Practice Note

This Practice Note aims to draw attention to the variety of issues that emerge in Personal injury claims when either the claimant or the defendant becomes insolvent. At the outset, it is crucial to separate two connected but different concepts. A company is insolvent if it cannot meet its debts as they fall due, or if the value of its assets is lower than its Liabilities. Although the Insolvency Act 1986 (IA 1986) is less explicit for individuals, the same tests would generally determine whether a person is insolvent. The state of insolvency should be distinguished from the factual question of whether an individual or a company is subject to an insolvency process. For a company, the principal processes are liquidation and administration. For an individual, the principal process is bankruptcy. The consequences of a party to a personal injury claim entering an insolvency process are often significant, and the primary focus of this Practice Note is on those consequences...

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Phillip Patterson

Gatehouse Chambers

Phillip has a wide-ranging commercial and insolvency practice with experience of high-value and complex disputes. He has particular expertise in technical company law issues, which makes him a popular choice for claims involving allegations of mismanagement and breach of duty as well as shareholder disputes. Phillip handles a wide variety of banking and financial services disputes where his postgraduate qualification in banking law gives him a decided edge. A significant proportion of Phillip's current and recent work concerns corporate and personal insolvency, a field in which Phillip is fast becoming a go-to junior for a range of matters.Phillip also has experience of consumer contract issues, professional negligence claims and a variety of private client disputes.Phillip regularly contributes to a number of academic and professional publications, providing topical insights into matters across his areas of practice. He is also current an editor of the volume of...

Web page updated on 21/05/2026

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