Powered by Lexis+®
Jurisdiction(s):
United Kingdom

PI and Clinical Negligence update: Supreme Court on contractual liabilities recoverable in tort; GP referral negligence; Churchill on court-ordered ADR; NHS injury charge increases; CNBC contact changes

Published on: 29 February 2024

Published by a LexisNexis PI & Clinical Negligence expert
Legal News
imgtext
Article summary

In this issue:

  • Road traffic accidents
  • Clinical negligence
  • Case management
  • Other PI & Clinical Negligence news
  • Daily and weekly news alerts
  • Useful information

Road traffic accidents

The Supreme Court, unanimously allowing Ms Armstead’s appeal, decided that a claimant’s contractual sum owed to a third party—where that liability arises because the defendant negligently damaged the claimant’s property—is not pure economic loss and is recoverable in negligence. The court further confirmed that once factual causation of the loss by the defendant’s breach is shown, the onus shifts to the defendant to establish any limits on the damages recoverable, by reference to the following principles:

  • scope of duty
  • remoteness
  • intervening cause
  • failure to mitigate
  • contributory negligence

Written by Quentin Tannock, barrister at 4 Pump Court. See News Analysis: Supreme Court—tortious damages available where physical damage results in contractual liabilities (Armstead v Royal & Sun Alliance Insurance Company Ltd)...

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

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