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APIL Personal Injury: Law, Practice and Precedents

APIL Personal Injury: Law, Practice and Precedents

Name: APIL Personal Injury: Law, Practice and Precedents
Brand: LexisNexis U.K. (S)
SKU: 9780853089933
Price: 20241.90 HKD
Availability: InStock
Author: David Marshall; Frances McCarthy
ISBN: 9780853089933

Edited by David Marshall · Frances McCarthy

LexisNexis U.K. (S)

Specifications

ISBN-13: 9780853089933
Publisher: LexisNexis U.K. (S)
Format: Loose-leaf (2 volumes) + CD-ROM
Jurisdiction: U.K. ? Countri(es) for reference only

Details

Designed and written by leading claimant lawyers, APIL Personal Injury Law, Practice and Precedents is a comprehensive and practical reference work dealing with every aspect of personal injury practice. Combining authoritative commentary, expertly drafted precedents and other key materials, it is the ideal resource for all claimant lawyers.

New

New section on Low Value Personal Injury Claims in Road Traffic Accidents
Guidance on Part 36 offers and latest case-law including Gibbon v Manchester City Council
Revised section on expert witnesses taking account of new case-law and changes to CPR Part 35
Substantial amendments to Funding division incorporating all the latest case-law including Peacock v MGN Ltd on staged success fees
Reviews all the latest case-law and considers in detail the costs regime of the new Claims Process for Low Value Road Traffi c Accidents, and the implications of the Jackson Review
Includes over 70 model letters and 40 sample pleadings
Latest facts and fi gures including latest benefi t rates, tax and NI rates, ASHE, Special Investment account rate, Nursing and Care rates, vehicle running costs, etc

Forthcoming

Full text of the JSB Guidelines for the Assessment of Damages in Personal
Injury Cases (10th Edition)
Revamped chapter on the Court of Protection
Completely updated section on Professional Negligence

What is included?

Commentary
Leading practitioners provide detailed and practical analysis on the basis of liability for each of the major types of personal injury actions, together with a thorough examination of the law relating to limitation, damages, funding and costs. The practice and procedure relating to PI claims is dealt with comprehensively and with particular emphasis placed on the needs of claimant lawyers.

Legislation and Procedure
Over 60 key statutes and statutory instruments as well as extracts from the civil procedure rules.

Precedents
Expertly drafted precedents including over 70 model letters, 40 pleadings, draft applications, and model schedules of loss are provided.

Agreements
The full text of the Criminal Injuries Compensation Agreement 2008 and both the Untraced and Uninsured Drivers’ Agreements are reproduced, together with the text of the Highway Code.

Quantum materials
Key materials such as the Ogden Tables and JSB Guidelines are included, as well as key statistics and calculations such as Multipliers for Periodic Loss, Interim Life Tables, Earnings, Interest, Prices, Income Tax and NI, Social Security Benefits, Court of Protection Fees, Motoring Costs, Fostering Costs, Nursing Costs and many more.

Funding and Costs
Model CFA agreements, Solicitors Regulation Authority materials, model risk assessments, court forms and APIL/PIBA 6.

Bulletin
The main work is supplemented by regular bulletins (in both hard copy and online) providing details of the latest cases, statutory and other developments with cross-references to the main work.

2 volume loose-leaf + CD-ROM
4 updates per year
Pay as you go, approx. HKD 1,950 per update

PART A - LIABILITY

General Principles: Providing for Injury Victims
Road Traffic Accidents and the MIB
Accidents at Work
Occupational Illness Claims
Occupiers' Liability
Personal Injuries on the Highway
Psychological Injuries
Product Liability
Travel Claims
Sports Injury Claims
Actions Against the Police
Animals
Children
Employment Law and Personal Injury Law
Professional Negligence
Defendants
Insurance

PART B - LIMITATION

Limitation Act 1980: 3-year Limitation Period
Cases Where Limitation Period is Less than 3 Years
Limitation Periods Longer than 3 Years
Infants and Protected Parties
Fatal Accidents
Date of Knowledge
Applications under Limitation Act 1980, s 33
Ammendments of Parties after Issue

PART C - DAMAGES

Principles
General Damages
Loss of Earnings
The ‘Lost Years'
Pension Loss
Nursing Care
Private Health Care Costs
Accommodation
Schedules and Counter Schedules
Fatal Accidents
Non-compensatory Damages
Provisional Damages
Periodical Payments
Interest
Personal Injury Trusts
Recoupment of State Benefits
Inquests
Criminal Injuries Compensation Authority
Community Care
Remedies under the Human Rights Act 1998
Investment

PART D - FUNDING

The Retainer
Risk Assessment
Conditional Fee Agreements
Collective Conditional Fee Agreements
After the Event Insurance
Contingency Fees
Before the Event Insurance
Public Funding
Counsel and CFAs

PART E - COSTS

Making Personal Injury Work Profitable
File Notes
The Indemnity Principle
Hourly Rates
Principles of Costs Recovery
Estimates, Budget and Caps
Fixed Costs
Payments on Account of Costs
Assessments
Charging the Client
Costs Consequences of Part 36 Offers

PART F - RUNNING THE CASE

Procedures
Instructions
Urgent Action
Rehabilitation
Obtaining Evidence
Medical Records
Pre-Action Protocols
The Claims Process: Low Value Personal Injury Claims in Road Traffic Accidents
Expert Evidence
Counsel
Pre-issue Settlement
Court of Protection
Issue of Proceedings
Early Judgment
Interim Payments
Offers to Settle and Payments into Court
Small Claims
Fast Track
Multi-track
ADR
Pleadings
Trials
Group Litigation
Appeals

PART G - PRECEDENTS

Model Letters
Statement
Pleadings
Applications and Orders
Schedules of Loss
Instructions to Counsel

PART H - STATUTORY MATERIALS

Statutes
Statutory Instruments
CPR

PART I - STATUTORY MATERIALS

Motor Insurers' Bureau
Highway Code
Criminal Injuries Compensation
Quantum Materials
Rehabilitation
Funding and Costs
Medical Materials
Addresses

About the Author

General Editors

David Marshall, Managing Partner, Anthony Gold; and APIL Past President
Frances McCarthy, Managing Partner and Head of Personal Injury, Pattinson & Brewer; and APIL Past President

Contributors

Simon Allen, Joint Head of National Personal Injury Department, Russell Jones & Walker
Andrew Axon, Barrister, Park Lane Plowden Chambers
Paul Balen, Partner, Freeth Cartwright LLP
Margaret Bickford-Smith QC, Crown Office Chambers
Lynne Bradey, Partner, Wrigleys Solicitors
David Coldrick, Partner, Wrigleys Solicitors
Richard Copnall, Barrister, Park Lane Chambers
Richard Cropper, IFO, Personal Financial Planning
John Eames, Social Security Trainer, Express Training Associates
Gordon Exall, Barrister, Zenith Chambers
Charles Foster, Barrister, Outer Temple Chambers
Clive Garner, Partner and Head of International Travel Litigation Group, Irwin Mitchell
Christopher Goddard, Barrister, 9 Gough Square
Elizabeth-Anne Gumbel QC, 1 Crown Office Row
Ian Gunn, Director, Personal Financial Planning Limited
Mark Harvey, Partner and Head of Claimant Division, Hugh James
Christopher Hough, Barrister, Doughty Street Chambers
Martin Huseyin, Barrister, Tooks Court Chambers
Michael Imperato, Partner, Russell Jones & Walker
Malcolm Johnson, Principal, Malcolm Johnson & Co Solicitors
Steven King, Partner, Greenwoods
Terry Lee, Consultant, Russell-Cooke Solicitors
Christopher Limb, Barrister, Young Street Chambers
John McQuater, Head of Personal Injury, Atherton Godfrey
Jan Markland, Partner, Augustines Injury Law
Andrew Morgan, Solicitor, Field Fisher Waterhouse
Daniel Neill, Barrister, Guildhall Chambers
Robin Oppenheim QC, Barrister, Doughty Street Chambers
Fiona Paterson, Barrister, 3 Sergeant's Inn
Selena Plowden, Barrister, Guildhall Chambers
Richard Scorer, Partner, Pannone & Partners
John Snell, Barrister, Guildhall Chambers
Paula Sparks, Barrister, Doughty Street Chambers
Jackie Spinks, Partner, Anthony Gold
John Webster, Partner, Augustines Injury Law
Mark Whalan, Barrister, 9 Gough Square
Henry Witcomb, Barrister, 1 Crown Office Row

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