Jurisdiction(s):
United Kingdom

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

Settling clinical negligence claims in England and Wales: timing and strategy, CPR Part 36 compliance, ADR, costs consequences, fixed costs, interim payments, and approval for children or protected parties

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

Introduction

Settlement sits at the heart of clinical Negligence litigation. The timing and design of any offer can materially influence both outcome and Costs. Under CPR 1.3 and 1.4, parties must help the court to advance the overriding objective, including by making suitable use of alternative dispute resolution (ADR). The court’s Case management powers extend to encouraging or directing ADR. See Practice Note: Case management of civil claims under the CPR—Case management and the overriding objective (CPR 1). Even if an offer does not conclude the case, it can still confer significant costs protection. This Practice Note chiefly addresses settlement via Part 36 of the CPR. For further guidance, see also Practice Note: Part 36 offers in PI and clinical negligence claims. Settlement may likewise be pursued through non-Part 36 offers or ADR.

See:

Settlement and settling disputes—overview
ADR and dispute resolution clauses—overview

When to settle

The prospect of settlement should be reviewed throughout the lifespan of the claim, by reference to the following: Substance—are you in a position to contemplate settlement? Before doing so there ought to be sufficient information on breach of duty, causation and quantum (including prognosis) to evaluate the claim and its...

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Web page updated on 21/05/2026

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