PI & Clinical Negligence Law

Zalina Kanametova v OSG Records Management [Europe] Limited [2026] EWHC 1196 (Comm) Incentive agreement Judge Neil Cadwallader of the Commercial Court, King’s Bench Division, within the High Court of England and Wales, held that the LCIA arbitrator’s decision was rightly issued on evidence showing the long-term incentive agreement (LTI) said to guarantee a bonus to claimant Zalina Kanametova was not binding because it had been ‘fraudulently backdated’. As a result, the LCIA arbitrator properly determined there was no jurisdiction over Kanametova’s claim for a USD 1.3 million bonus against the respondent, Cyprus-based OSG Records Management (Europe) Ltd. (referred to as OSG). Kanametova served as general director of OSG’s subsidiary, OSG Records Management Centre LLC (referred to as OSG Russia), from 2011–18. She contended that in 2015 she executed the LTI, which included an arbitration clause, and that it was also signed by Krzysztof...

PI & Clinical Negligence weekly highlights-28 May 2026 In this issue: Clinical negligence Employer’s liability Claims involving a fatality Issues with service Other PI & Clinical Negligence News LexisNexis® Quantum Portal LexTalk® PI & Clinical Negligence: a Lexis®Nexis community Daily and weekly news alerts LexisNexis® Webinars Useful information Clinical negligence County Court allows clinical negligence claim for delayed stroke diagnosis In Dakin v South Tees Hospitals NHS Foundation Trust [2026] Lexis Citation 1552, the County Court entered judgment for the claimant in a clinical negligence action centred on stroke causation. The defendant accepted a breach of duty for not arranging 24‑hour electrocardiogram monitoring after the 15 January 2016 consultation, but maintained that this omission did not cause the claimant’s stroke on 21 July 2016. The court determined the claimant experienced paroxysmal atrial...

The Master of the Rolls and the Minister of State for Justice have approved the 195th Practice Direction (PD) Update, expanding the reach of the Damages Claim Portal (DCP) in CPR PD 51ZB so that specified non-monetary claims-termed ‘Other Remedy Claims’-can be lodged online alongside a principal damages claim, provided both sides have legal representation, rather than relying on paper filing. It further includes within scope disputes concerning unfair relationships under the Consumer Credit Act 2006, extending the update’s application. This reform shifts matters presently dealt with on paper into a digital workflow to enhance efficiency, aligning connected remedies with the same online route as the main damages claim. The amendments take effect on 27 May 2026. The additional category spans three remedies: injunctions, declarations and rescission. Sources: The 195th Practice Direction Update 195th UPDATE – PRACTICE DIRECTION...

How do I file documents at court? In court procedure, “filing” has a particular meaning. Under CPR 2.3(1), it is “delivering a document or information, by post or otherwise, to the court office”. The method you use can differ depending on the court dealing with the claim. You can file documents in several ways: In electronic form, including: using CE-File electronic working (under CPR PD 5C), which is mandatory in some courts-see: Electronic filing using CE-File by email-see: Electronic filing using email through an online claims service-where a claim starts or continues online, filing will usually be via that service. For details, see Practice Note: Online dispute resolution and the digital justice system-Online County Court services for money claims In hard...

Different examples of alternative service CPR PD 6A, para 9.3, lists various illustrations of alternative service. In the last few years, courts have adopted a broad array of such orders, reflecting growing dependence on technology; judges have permitted service via tools like airdrop, data rooms and social media channels in practice. These routes have also proved effective where unknown defendants are concerned. At times, one alternative method must be paired with another; for instance, an order permitting airdrop has stipulated delivery by email. Despite the expansion of different techniques, the central purpose of service remains unchanged: to bring the documents squarely to the attention of the person to be served. In many situations, email will be the most fitting route to achieve that aim. That proliferation should not distract from the fundamental objective of service, namely alerting the party to the...

This Practice Note, created with Phil Roberts of Clarke Willmott, sets out a case study exploring the various routes, at both pre-action and post action stages, to safeguard a would-be or actual judgment creditor in pursuing debt recovery—in this instance a footwear supplier. It outlines core principles around guarantees, retention of title provisions, and enforcement options including charging orders, taking control of goods, and third party debt orders, with signposts to related materials on each area. The case study Please note: all names in this case study are entirely invented and any resemblance to real individuals, businesses or companies is purely coincidental and unintended. Pollyanna Pride has supplied shoes to Mr Cobbler of Shoes It Is for nearly three years. Her products are unique soft leather designer boots. They typically sell strongly, despite a retail tag of £295 per pair. Pollyanna takes special pride that,...

Private, confidential & PRIVILEGED [ Insert name and address of client ] [ insert date ] Dear [ insert name of contact at the client ] Your obligations in the disclosure process Thank you for your instructions in this matter. [ This letter sits alongside our retainer letter OR Our retainer letter will be sent separately ]. [ The purpose of this letter is to inform you that OR As we have already discussed, ] you are under a duty to the court to identify every document relevant to this case and to supply them to your opponent. This stage is known as “disclosure”. It is a fundamental part of litigation, and we therefore need to begin preparing without delay. As your legal representative, I must not only set out the nature and extent of your obligations, but also oversee the exercise to ensure you make a full and proper...

Without prejudice, save as to costs [ Sir OR Madam ], [ insert name of agreement ]: [ insert client name ] and [ insert counter-party name ] We refer to our [ open ] correspondence [ of today’s date ] (the termination notice) concerning the [ insert agreement name ] dated [ insert date ] (the Agreement) between [ insert client name ] (our client) and [ insert counter-party name ] ([ insert counter-party short name ]). As explained in the termination notice, our client brought the Agreement to an end [ in accordance with Clause [ insert number ] OR by accepting [ insert counter-party short name ]’s repudiation of the Agreement ]. The termination ensued from [ insert counter-party short name ]’s breach of the Agreement, as set out in [ our earlier letter dated [ insert date ] (breach notice) and ] the...

[ IN THE HIGH COURT OF JUSTICE [ BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES OR IN [ insert location ] ] ] [ State division ] [ Identify specialist court ] [ Insert location ] DISTRICT REGISTRY OR THE COUNTY COURT AT [ insert location ] [ BUSINESS AND PROPERTY COURTS LIST ] ] BETWEEN: [ insert name ] Claimant and [ insert name ] Defendant _____________________________________ [ Draft ] particulars of claim _____________________________________ At all relevant times: The Claimant was, and continues to be, [ describe the Claimant and the nature of their business ]. The Defendant was, and continues to be, [ describe the Defendant and their business (where appropriate) ]... ...

Clare Ambrose, Twenty Essex The party’s representative should liaise with the witness and the other side. It should seldom be impossible to resolve matters by arranging for evidence to be given remotely. Such an approach is fairly standard practice......

General principles—privilege and confidentiality One of the trickier problems a practitioner encounters during litigation, especially at the disclosure stage of proceedings, is protecting a client’s confidential documents and information from review by other parties and from being put before the court. A principal way to secure protection for material relevant to a dispute is to assert that it is privileged. Once it is established that a document is privileged, the holder acquires a right to refuse inspection of that document. For wider guidance on the meaning and effects of privilege, see Practice Note: Privilege—general principles. Crucially, merely labelling a document ‘privileged’ does not settle its status. To benefit from this special protection—allowing a client to maintain confidentiality and withhold inspection of a relevant document—the criteria for one of the recognised forms of privilege must actually be satisfied (see below). More generally, for a claim to...

At the heart of the query lies the status of a party who does not adhere to a court direction, yet has lodged an application to extend the time for compliance before the expiry of the deadline attached to that direction. On the scenario set out, the claimant will be in breach of the court order concerning the exchange of witness statements in two weeks’ time, because that order will not have been varied before the deadline for compliance under that order......