This week's edition of PI & Clinical Negligence weekly highlights includes the 137th CPR updates and the Civil Justice Council’s pre-action protocol report and consultation launch. We also feature three interesting High Court decisions; the first is a strike out of claims in negligence brought against social services authorities (HXA v Surrey County Council & another), the second considers the correct jurisdiction for a RTA which occurred in Poland (Chowdhury v PZU SA) and the third is a damages approval hearing for a child who suffered a catastrophic brain injury as a result of clinical negligence (EXN (a protected party proceeding by his litigation friend) v Alder Hey Children's NHS Foundation Trust) . We also have our usual round-up of other key cases, news and New Law Journal articles of interest.
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Fixed costs in employer liability and public liability 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
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
The Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) ClaimsThe Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (the EL/PL protocol) applies to claims valued up to £25,000 where the accident occurred on
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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