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Patricia Pearl has been a solicitor in practice and latterly a Judge in a busy county court until elevation. She is used to hearing actions across the full spectrum of work, including consumer law, debt collection, road traffic and cases related to personal injury, employment and landlord and tenant. Andrew Goodman is a barrister in practice. Their book is practical and authoritative, its contents including: . Financial limits, cases excluded and choice of county court . Commencing proceedings, defending proceedings and the pre-arbitration hearing . Preparations for the hearing, lay representatives . The hearing: practice, evidence and presentation issues . Mediation . Challenging the result . Precedents . Enforcement . Fees and terms.
The book is aimed primarily at UK personal injury practitioners ranging from solicitors and their employees and barristers to insurers and unqualified claims assessors. However, it is also intended to assist those who may be involved in personal injury claims either in their own right or peripherally. Non-UK practitioners will find it of great interest. No other book exists that addresses the subject - and whether practitioners are acting for the claimants or acting for defendants - they will find it invaluable. 1. Introduction 2. Pleadings and professional position 3. Burden of proof 4. Fraudulent claims 5. Low impact claims: admissibility of expert evidence 6. Low impact claims: causation and foreseeability 7. Exaggerated claims/malingering 8. Similar fact evidence 9. Surveillance evidence 10. Orthopaedic and psychological testing for exaggeration 11. Tax dodging Claimants 12. Proceeds of Crime Act 13. Abuse of process/tainted by illegality 14. Costs 15. Perjury/contempt of court Appendix 1: Statutes Appendix 2: Civil Procedure Rules
Atiyah's Accidents, Compensation and the Law has been recognised as a classic treatment of law relating to compensation for personal injuries. It discusses not only relevant legal rules, but also social, political and economic issues underlying the law, the practical operation of the tort system, and the options for change. This new edition has been thoroughly updated with many sections such as those on causation and the financing of tort claims being substantially rewritten to include major changes: the introduction of no-win-no-fee conditional fee arrangements and the radical reform of the Criminal Injuries Compensation Scheme.
Providing detailed commentary of unrivalled quality on the process of civil litigation, this is the only major civil work to adopt a narrative approach based on the chronology of a claim. Written by a team of expert practitioners and academics, it provides authoritative analysis on the process of civil litigation from commencement of a claim to enforcement of judgments, addressing civil procedure in the county courts, the High Court, the Court of Appeal, and the Supreme Court. The book also considers more specialist matters such as insolvency proceedings, sale of goods, and human rights, providing expert analysis on a comprehensive level. Commentary is combined with the text of the Civil Procedure Rules (CPR), Practice Directions (PD), and Pre-Action Protocols and Procedural Checklists, all fully cross-referenced to the text to ensure ease of use for the busy practitioner. As well as a detailed and user-friendly index the quick-reference guide inside the front cover provides an alternative point of access for those more familiar with the CPR. Also available, Blackstone's Civil Practice 2014: The Commentary is a concise version of this book, providing the unique commentary independently from the CPR, PD and other appendix materials. Electronic versions of the Procedural Checklists in Blackstone's Civil Practice 2014 are available from IRIS Laserform.
The astute practitioner will understand the importance and relevance of costs to the litigation process as a whole and will wish to learn how to turn the myriad of rules to maximum advantage.This objective forms the basis of Michael Bacon's Special Report. The intention is not to examine the whole practice and procedure relating to costs and their assessment under the Civil Procedures Rules, but rather to explore their effectiveness in practice since their introduction in 1999.
"Each Routledge-Cavendish Q&A" contains 50 questions on topics commonly found on exam papers, with comprehensive suggested answers. The titles are written by lecturers who are also examiners, so the student gains an important insight into exactly what examiners are looking for in an answer. This makes them excellent revision and practice guides. This new edition contains five new questions and answers which incorporate the most recent decisions and statute law on a whole range of tort law topics, including Human rights; Negligence; Statutory powers; Privacy and the Compensation Act 2006. Demonstrating to candidates how to translate knowledge into answers that will attract high grades in examinations, it is especially useful for the undergraduate law student who is in the process of preparing for examinations.
Fees and Fixed Costs in Civil Actions forms part of the Lawyers Costs and Fees Series. This book provides you with readily accessible, up-to-date scales of costs and fees in a practical and convenient booklet presentation.
A man slips on the dancefloor and breaks his leg - he recovers damages. A child has both legs amputated as a result of meningitis, and is awarded nothing. The law's justification for awarding damages in the first case is that the man's injury was the fault of someone else, while in the second case damages are denied because nobody was at fault. This critique of the present law and practice relating to damages, shows that the damages system is in fact a lottery. It contends that the public are paying far too much for an unfair and inefficient insurance system, and that reform is long overdue. The book concludes that actions for damages for injuries should be abolished and replaced with a new no-fault road accident scheme, and actions for injuries should be dealt with by individual or group insurance policies.
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