Jurisdiction(s):
United Kingdom
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...

Read More Right Arrow

Letter to expert: arranging joint discussions and joint statement in a personal injury claim under CPR 35.12 (England and Wales)

Precedents
imgtext

Dear [ Insert ]

Re: [ Name of Client/Name of Claimant ]

As set out in the Court timetable we supplied, you are obliged by the court to hold a discussion about this matter with [ Insert eg the claimant’s/defendant’s expert ] for the purposes described in the Rules (CPR 35.12).

The aims of discussions between experts are to:

  • pinpoint and examine the specialist issues arising in the proceedings;
  • form shared conclusions on those issues where possible and, if not, narrow the issues;
  • set out the points on which they agree and disagree, and summarise the reasons for any disagreement on any point;
  • indicate what steps, if any, may assist in resolving any outstanding issues between the parties.

These discussions are not intended to settle the proceedings...

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

Marcus is a partner at Pattinson and Brewer Solicitors specialising in serious injury work for Claimants. He has considerable experience acting in all types of personal injury work including clinical negligence, major catastrophic injury/disability, and notably spinal injuries. He settled a spinal case in 2012 for £4.1 million. Marcus has a particular interest in industrial disease claims, acting for victims of asbestosis and mesothelioma. Reported Court of Appeal cases include Anderson v Newham College of Education on contributory negligence....

Web page updated on 22/05/2026

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