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

Personal Injury and Clinical Negligence: October 2021 Update—Costs (QOCS, GHR, FRC), Brexit/Lugano, COVID-19, Whiplash, Asbestos, Coroners, Legislation and Case Law [Archived]

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

PI & Clinical Negligence Horizon Scanner-October 2021 [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. It offers a concise outline of the principal legal developments affecting Personal injury and clinical negligence practitioners as at 20 October 2021. For the most up-to-date horizon scanner, see PI and Clinical Negligence horizon scanning-overview.

Costs Qualified one-way costs shifting (QOCS)

The Supreme Court in Ho v Adelekun addressed whether, in claims governed by QOCS, a defendant’s costs can be set off against a claimant’s costs. The court unanimously concluded that, on proper construction, such set off constitutes a form of Enforcement, and is therefore prohibited where it would surpass the cap equal to the aggregate of any orders for damages and interest in the claimant’s favour. Accordingly, where no such order exists-for instance, because the matter ends in settlement rather than an order, or is dismissed-a defendant cannot recover its costs unless another exception applies (such as fundamental dishonesty). Any costs orders secured by a claimant are insulated from set off, even where...

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Web page updated on 27/05/2026

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