A CPR Part 35 psychiatric report in an abuse claim is judged on the quality of its clinical reasoning and on whether it is in a form the court can rely on. This article covers what Part 35 and Practice Direction 35 require of an abuse claim psychiatric report, and the points specific to abuse…
Once vicarious liability is established or conceded, the value of an abuse claim usually turns on the psychiatric evidence. This article sets out what psychiatric evidence in vicarious liability abuse claims needs to address, whether you act for the claimant or for the defendant institution and its insurers. It covers civil claims in England and…
The Armed Forces Compensation Scheme (AFCS) is a no-fault scheme for injury and illness caused by service on or after 6 April 2005, set out in the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (SI 2011/517). Injury caused by service before that date falls under the War Pensions Scheme instead. In a claim…
A serving or former member of the armed forces with post-traumatic stress disorder may have more than one route to compensation, and each asks different questions of the psychiatric evidence. The first step in a military PTSD claim is to identify which routes are open; the second is to make sure the evidence in the…
The Armed Forces Compensation Scheme (AFCS) is a no-fault scheme for injury and illness caused by service on or after 6 April 2005, set out in the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (SI 2011/517). Injury caused by service before that date falls under the War Pensions Scheme instead. In a claim…
Limitation in historic abuse claims changed on 29 June 2026. For claims arising from sexual abuse in childhood the time limits have gone, although the defendant can still seek dismissal on the ground that a fair hearing is no longer possible. For claims based on physical or emotional abuse, the ordinary rules still apply. This…
The Independent Inquiry into Child Sexual Abuse (IICSA) published its final report on 20 October 2022. Two of its recommendations bear directly on compensation for abuse in institutions: removing the limitation period for civil claims, and a national redress scheme. This article sets out what has happened to each, and what it means for psychiatric…
In personal injury litigation, claims involving psychiatric injury—particularly post-traumatic stress disorder (PTSD) and chronic pain—present unique challenges due to their subjective nature. These conditions are vulnerable to exaggeration or fabrication, raising concerns about fundamental dishonesty under Section 57 of the Criminal Justice and Courts Act 2015. For legal professionals, distinguishing genuine psychiatric harm from malingering…
In personal injury litigation, allegations of fundamental dishonesty under Section 57 of the Criminal Justice and Courts Act 2015 have become increasingly prevalent. Solicitors defending or challenging such allegations must handle complex psychiatric and psychological evidence, particularly in claims involving post-traumatic stress disorder (PTSD) and chronic pain. Clinical psychologists play a central role in assessing…
NHS clinical negligence agreements have increasingly incorporated apologies as part of resolution processes. While apologies may support patient recovery, they introduce complex medico-legal questions—particularly regarding psychiatric harm. For solicitors handling PTSD claims arising from clinical negligence, understanding how psychiatric experts assess causation is essential. This article examines the psychiatric and legal frameworks underpinning these assessments,…
