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This week's edition of PI & Clinical Negligence weekly highlights includes Health and Safety Executive guidance on using nitrous oxide in maternity wards and a report by NHS Resolution recommending risk assessments to combat workplace violence. We also bring you a Guidance Note by Senior Master Cook to facilitate preparation for cost management hearings in the KBD, involving high-value personal injury and clinical negligence claims. In addition, we have our usual round up of other news and New Law Journal articles of interest.
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This week's edition of PI & Clinical Negligence weekly highlights includes: (1) the Association of Personal Injury Lawyers’ response to the Ministry of Justice’s consultation on the road traffic injury claim process, (2) a news analysis on what constitutes a ‘specified amount of money’ in default
Can a notice of discontinuance be filed in Part 8 proceedings? What about if there is a hearing listed?A claimant has the right to discontinue a claim at any point, pursuant to CPR 38.2, whether it was initially instituted pursuant to CPR Part 7 or CPR Part 8. The rules and procedure for
Fundamental dishonesty—case trackerThis case tracker considers case law to date on fundamental dishonesty particularly in the context of the court’s power to dismiss a claim under section 57 of the Criminal Justice and Courts Act 2015 (CJCA 2015) but also in the context of an exception to qualified
Fixed costs in road traffic accident claimsNOTE: the CPR was amended on 1 October 2023 to extend the application of fixed recoverable costs. These amendments apply where the cause of action accrues on or after 1 October 2023 (the date of accrual will usually be the date of the accident).The version
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