Clinical Negligence

Where the Defendant brings a claim against the Claimant (usually when filing their Defence).

An application or ‘request’ asking the court to consider a case and make a judgement.

The course of action through which someone seeks to use the power of a court / tribunal to enforce a law or take legal action against another party.

The process where one side’s counsel (barrister) seeks to challenge or test a witness’s evidence by asking them questions in court.

A sum of money awarded to a party by the Court as compensation as a result of a Court case.

The legal costs charged to you by your legal team for working on your behalf in relation to the claim, together with any expenses in relation to this (see also Disbursements).

Similar to a case management conference (CMC) except that the parties are also required to file a cost budget that outlines the expected costs of the litigation. CCMCs are generally required on more complex or valuable cases.

An order that makes an agreement between two parties legally binding, Consent orders can be made at court or in writing.

Money paid to make up for damage or loss caused by the Defendant’s actions. In a medical negligence claim, the principal purpose is to put the Claimant back into the position they would have been in if the injury or had not occurred. In Employment law, compensation is the monetary award to which an employee is entitled when successful in a claim at the Employment Tribunal.

The party who starts a Court/Tribunal claim.

Otherwise known as a “no win, no fee” agreement. A formal written agreement between a solicitor and client that the solicitor’s costs are not usually payable if the client does not win the case however a ‘Success Fee’ is payable. Medical negligence and personal injury claims are usually funded this way and some other civil claims can also be handled on a no win, no fee basis.

This is an insurance policy that covers your legal expenses and losses in the event of an injury or loss. As the name suggests, this is a pre-existing insurance policy that is taken out before the loss or injury.

Medical and other professionals owe their patients a “Duty of Care”, which is a responsibility to take care of them properly and to a reasonable standard. If the care given does not live up to the required standard and the shortcomings could reasonably have been avoided by the professional concerned, then this may be classed as a Breach of Duty. This is also known as professional or clinical negligence. In civil cases, the claimant usually carries the burden of proof although this can be reserved in certain situations. It is usually for the Claimant to prove their case.

In legal disputes, one party has the responsibility of proving their case – the burden of proof – while the other party has no such burden and is presumed innocent until proven otherwise. In civil cases, it is usually the claimant who carries the burden of proof, though this can be reversed in certain situations. This means that in a medical negligence case, for example, the patient and/or their representatives have to prove that the medical professional or body was at fault.

A Case Management Conference is a hearing where directions are agreed or made by the Court and a timetable set out to trial.

Causation is the link between a person’s action (or inaction) and a specific outcome. So, in a medical negligence and/or personal injury claim, causation is the link between the opponent’s breach of duty and the resulting injury. The claimant has to establish that what the medical professional did (or failed to do) led to an identifiable injury and loss. In other civil claims, the causation depends on the type of claim.

The rules that govern how civil claims are to be conducted. They are supplemented by practice directions.

The document used to commence a claim. It is usually supported by Particulars of Claim but this depends on the type of claim and the procedure which must be followed.

A person’s ability to understand information and make and communicate decisions about their life. The Court of Protection can be asked to determine whether a person has capacity. Where they do not have capacity, the Court can make decisions and appoint people to make decisions for them in their best interests.

The balance of probability standard means that a court is satisfied an event occurred if the court considers that, on the evidence, the occurrence of the event was more likely than not.