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Considerations when commissioning quantum expert evidence in a catastrophic injury case—checklist

Considerations when commissioning quantum expert evidence in a catastrophic injury case—checklist This Checklist is a quick reference document for use in catastrophic injury cases. It is intended to assist in identifying the various stages, proposed tasks to be undertaken and relevant considerations when navigating the time line for the commission of expert evidence. It may be of most assistance to those who are new to practising in this area. Steps before commissioning expert evidence Gain a full understanding of the claimant’s injuries Talk to your claimant client about: • pre-accident health • injuries suffered • current condition—pain, motor, neurological and sensory function • restrictions on ability to perform day to day activities and functions • impact on work, home and social life and on quality of life See the injuries for yourself (if possible) and look at pre-accident photographs: • scarring • mobility • dexterity Obtain witness statements from partner, close family, friends and work colleagues Obtain and keep up to date all relevant medical notes and records from...

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Interim payment in JCT Standard Building Contract 2011—flowchart [Archived]

Interim payment in JCT Standard Building Contract 2011—flowchart [Archived] ARCHIVED: This flowchart has been archived and is not maintained. This flowchart illustrates the interim payment

Interim payment process in the NEC4 Engineering and Construction Contract—flowchart

Interim payment process in the NEC4 Engineering and Construction Contract—flowchart Interim payment process

View the related practice notes about Interim payment

Interim injunctions—variation, discharge and appeals

Interim injunctions—variation, discharge and appeals This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further: Court specific guidance below. This Practice Note explains the circumstances in which an interim injunction may come to an end (whether through expiry or discharge) or be varied, as well as considering whether it is possible to vary undertakings. It also briefly addresses appeals in the context of interim injunctions. For general guidance on injunctions, see: Interim and final injunctions—overview, as well as: • Practice Note: Interim injunctions—the American Cyanamid guidelines • Practice Note: Injunctions—key and illustrative decisions (September 2019–2024) [Archived] • Opposing an on notice interim injunction application—checklist • Opposing a without notice interim injunction application—checklist 6 April 2025 changes The CPR provisions relevant to interim injunctive relief were amended with effect from 6 April 2025. In particular, CPR 25 was revised extensively and...

Performance security in construction

Performance security in construction This Practice Note examines the different types of performance security documents which are used on construction projects in the UK. It provides brief commentary on parent company guarantees, bonds (including performance bonds, advance payment bonds and retention bonds), collateral warranties, third-party rights, direct agreements and letters of reliance. It also considers provisions within construction contracts that provide performance security, such as payment security methods and performance guarantees. Parent company guarantees Parent company guarantees (PCGs) are often provided to an employer by a main contractor’s holding or parent company. In essence, if the main contractor defaults in its obligations under the construction contract, then the employer can seek recourse against the holding/parent company either financially or potentially in terms of performance if the parent company has sufficient resources to step in and continue the carrying out of the project in the main contractor’s stead. Theoretically, this recourse could also be used in the event that the main contractor is insolvent, although employers should bear in mind that...

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Deed of retirement from partnership

Deed of retirement from partnership This Deed of retirement is made on [insert day and month] 20[insert year] Parties 1 [Insert name of retiring partner] of [insert address] (Retiring Partner), and 2 The persons whose names and addresses are set out in Schedule 1 (Continuing Partners). Recitals: (A) The Partners have been carrying on business in partnership under the terms of the Partnership Agreement. (B) The Retiring Partner is to retire from the Partnership on the Retirement Date. (C) The provisions of this deed shall apply to the retirement of the Retiring Partner in place of any provisions of the Partnership Act 1890 and the Partnership Agreement that would otherwise apply to the retirement of the Retiring Partner. The parties agree: 1 Definitions and interpretation 1.1 In this deed: Accountants • means [insert name of Partnership's accountants] or such other firm of accountants as may be appointed to replace them in accordance with the provisions of the Partnership Agreement; Accounting Date • means [insert Partnership accounting date]; Accounting...

Acceleration Agreement

Acceleration Agreement Date [insert date of Agreement] Parties 1 [insert name of Employer] of [insert address] incorporated in England and Wales with company registration number [insert company registration number] (the 'Employer') 2 [insert name of Contractor] of [insert address] incorporated in England and Wales with company registration number [insert company registration number] (the 'Contractor') Whereas (A) The Employer has entered into a contract with the Contractor for the[ design and] construction of a [insert brief description of the project] at [insert location of site] (the 'Building Contract'). (B) [There has been a delay to the progress of the works under the Building Contract OR The Employer has increased the scope of works under the Building Contract OR The Employer wishes to shorten the period for the completion of the works]. (C) The parties have agreed to accelerate the progress of the works in accordance with the terms of this Agreement. IT IS HEREBY AGREED as follows 1 Definitions and interpretation 1.1 In this Agreement the following expressions shall...

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Can a notice of discontinuance be filed in Part 8 proceedings? What about if there is a hearing listed?

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 discontinuing are no different in either circumstance. There is no separate regime for Part 8 claims. See Practice Note: Discontinuance of a claim. The procedure for discontinuing is specified in CPR 38.3. A notice of discontinuance must be filed with the court and served on every other party to the proceedings. The notice filed with the court must state that it has been served on all other parties. The right to discontinue is subject to the permission of the court if an interim injunction has been granted or if any party has given an undertaking to the court in the proceedings (CPR 38.2(a)). If there is more than one claimant, then a claimant...

An error was made in relation to the insertion of a medical pin, the manufacturer is settling but disputes liability. In relation to the obligation to make a payment under the Compensation Recovery Scheme and NHS charges, is there a defence to making a payment or full payment if the NHS themselves are jointly liable?

An error was made in relation to the insertion of a medical pin, the manufacturer is settling but disputes liability. In relation to the obligation to make a payment under the Compensation Recovery Scheme and NHS charges, is there a defence to making a payment or full payment if the NHS themselves are jointly liable? When a claimant is successful in claiming compensation as a result of an accident, the National Health Service (NHS) is entitled to recover an amount to cover the cost of the claimant's NHS hospital treatment and any ambulance costs. Recovery of these NHS charges falls to the Compensation Recovery Unit (CRU), which will in turn refund the charges to the relevant hospital or ambulance service. For more information, see Practice Note: Recovery of NHS charges. Where the injured party was involved in a road traffic accident before 29 January 2007 and the compensator makes a compensation payment (including an interim payment), the compensator will be liable for the repayment of NHS charges. See the now...

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How to quantify accommodation claims in short life expectancy cases; still no nearer (Hill v East Kent NHS Trust)

PI & Clinical Negligence analysis: The issue arose in an interim payment application in a clinical negligence claim as to how to value the capital cost of a property already purchased when the claimant’s life expectancy was relatively short (just over 12 years). The claimant contended that she should recover the full value of the capital cost, not least when she could otherwise have purchased a cheaper house but spent more on adaptations. The judge rejected this submission and applied a conventional Swift v Carpenter calculation, while noting that this approach may not provide full compensation to the claimant. Written by Robert Weir KC, barrister at Devereux Chambers.

Private Client weekly highlights—29 May 2025

This week’s edition of Private Client highlights includes: (1) the necessity of a DOLs order where all parties with parental responsibility consent (J (through his Children's Guardian) v Bath and North East Somerset Council); (2) the OPG updates Mental Capacity Act 2005 guidance with new contact details; (3) the FTT cautions on time-wasting use of AI while upholding an HMRC discovery assessment (Zzaman v HMRC); (4) a decision on the suitability of summary judgment for a claim concerning the imposition of a secret trust (Lorenz v Caruana); (5) the FTT upholds a transfer of assets abroad charge in respect of receipt of rent-free accommodation (Moran v HMRC); (6) the Master of the Rolls delivers a speech on AI and Article 6 ECHR; and (7) a free webinar: Court of Protection update.