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Advanced Civil Litigation (Professional Negligence) in Practice
By
Inns of Court School of Law
Description
This manual is
designed to accompany the optional module of advanced civil
litigation on the Bar Vocational Course, and is aimed at students who
intend to practice in civil common law chambers. It is also a useful
resource for legal practitioners. This manual uses professional
negligence as a vehicle for examining the practical application of
the rules and conventions of the civil justice system in the
preparation and conduct of litigation. Particular emphasis is placed
upon clinical negligence and solicitors\\\' negligence actions.
Contents
1 Introduction
3
2 Clinical
negligence 4
3 Solicitor\\\'s
negligence 23
4 Other
professional negligence claims 39
5 An overview of
procedure 49
6 Early
identification of the issues 52
7 Court
control 60
8 Drafting
professional negligence particulars of claim 69
9 Drafting
professional negligence defences 79
10 Non-expert
evidence in clinical negligence cases 91
11 Expert
evidence in clinical negligence cases 97
12 Evidence in
solicitors\\\' negligence cases 115
13 Who\\\'s who in
professional negligence claims 129
14 Funding
professional negligence claims 132
15 Alternative
approaches to settling disputes 137
App. 1 Practice
direction - protocols 141
App. 2 Pre-action
protocol for personal injury claims 145
App. 3 Pre-action
protocol for the resolution of clinical disputes 156
App. 4 Pre-action
protocol for construction and engineering disputes 173
App.
5 Professional negligence pre-action protocol 177
App. 6 The law
and you : code of guidance on expert evidence 184
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