APIL Personal Injury: Law, Practice and Precedents

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APIL Personal Injury: Law, Practice and Precedents

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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
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