Arguments and Tactics for Personal Injury and Clinical Negligence Claims

Tort / Personal Injury

Arguments and Tactics for Personal Injury and Clinical Negligence Claims

By Dorian Williams
Law Brief Publishing September 2017

Specifications

ISBN-13
9781911035244
Publisher
Law Brief Publishing
Publication
September 2017
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

As the name implies, this book is intended to be a practical guide for those lawyers and non-lawyers who require a guide to pursuing (or defending) a claim for damages for personal injuries or clinical negligence.

The key to success in all cases is preparation, so this involves knowing or researching the substantive law, knowing the procedure (the Civil Procedure Rules) and how to present cases on paper and orally before a court. The book covers these areas and provides helpful tips and tactics to improve chances of success.

Worked examples include drafting interim applications and the evidence necessary, drafting skeleton arguments, making an opening and closing argument and how to appeal if things go wrong. Guidance is given on developing an advocacy style so as to persuade and influence the judge.

The book will be useful for those embarking on their legal careers but will also be beneficial for more experienced practitioners who require a condensed summation in this specialist area.

Table of Contents

Chapter One – The Basics of Advocacy
•Case Theory
•Preparation and Presentation
•Key Points

Chapter Two – Proving the Claim
•Clinical Negligence
•Breach of Duty
•Pre•Treatment Cases
•Pure Diagnostic Cases
•Causation
•Material Contribution
•Material Increase in Risk of Injury
•Burden of Proof
•Consent
•Road Traffic Accidents
•Liability
•Alleging Fraud
•Pedestrians and Contributory Negligence
•The RTA Protocol
•Employers’ Liability Claims
•Pleading the Claim
•Statutory Duties
•Public Liability Claims
•Occupiers’ Liability
•Occupiers’ Liability Act 1957
•Occupiers’ Liability Act 1984
•Highways Act
•The EL/PL Protocol
•Quantum
•Key Points

Chapter 3 – Evidence
•Witness Statements
•Experts
•Hearsay Evidence
•Conference With Counsel
•Key Points

Chapter 4 – Case and Costs Management
•The Directions Questionnaire
•The Case Management and Costs Conference
•Case Management
•Conducting the Hearing
•Costs Management
•Layout of a Costs Budget
•Key Points

Chapter 5 – Alternative Dispute Resolution
•What is ADR
•Round Table Meeting
•Joint Settlement Meeting
•Mediation
•Arbitration
•Key Points

Chapter 6 – Tactics
•Part 36 Offers
•Withdrawing or Changing Terms of Part 36
•Issues Based Part 36 offers
•Calderbank Offers
•Key Points
•Requests for Further Information, Admissions and Notices to Admit
•Requests for Further Information
•Admissions
•Notices to Admit
•Key Points
•Summary Judgment/Dismissal
•Key Points
•Interim Payments
•Key Points
•Exit From the Portal
•Key Points
•Know Your Limitation(s)
•Limitation Periods
•Date of Knowledge
•Section 33 Discretion to Disapply Limitation
•Case Law
•Accidents at Sea
•Accidents in the Air
•Problems to Look Out For
•Procedural Points
•Key Points

Chapter 7 • Interlocutory Applications
•Specific Disclosure
•Service of Claim Form
•Service of Particulars of Claim
•Variation of Case Management Timetable
•Relief From Sanctions
•Setting Aside Judgment
•Application for an Interim Payment
•Application for Summary Judgment
•Key Points

Chapter 8 • The Trial
•What Does the Judge Need to Know
•Common Approaches in All Cases
•Skeleton Argument
•Opening the Case
•Examination•in•Chief
•Cross•Examination
•Example of Cross•Examination of a Defendant’s Witness
•Key Points

Chapter 9 – The Appeal
•Avenues of Appeal
•Appeals from Case Management Decisions
•Procedure for All Appeals
•The Test
•The Grounds
•Key Points

Chapter 10 • Case Law Tool Kit
•Clinical Negligence
•Personal Injury
•Relief from Sanctions
•Statute Law Tool Kit

Appendix I
•Where Sanctions Apply
•Knowing your CPR

Appendix II
•Hearsay Notice
•Mediation Agreement
•Model Directions in Clinical Negligence
•Model Directions in Personal Injury
HKD 559.86

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