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Clough & Clough on Personal Injuries

Clough & Clough on Personal Injuries

  • Author:
  • Publisher: Sweet & Maxwell Hong Kong
  • ISBN: 9789888590834
  • Published In: January 2024
  • Format: Paperback
  • Jurisdiction: Hong Kong ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 1,500.00

HKD 1,455.00 Save HKD 45.00 (3%)

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  • Description 
  • Contents 
  • Author 
  • Details

    Currently, identifying the appropriate practice and procedure is a very time consuming and laborious process. It requires the practitioner or student to go to many different sources, for example, statutes, subsidiary legislation (i.e., the court rules), authorities, cases, PD 18.1, and other advisory sources such as law society circulars. CCPI is a guide for practice and procedure that combines all of these sources.

    Included in this first edition are: 

    • “Case boxes”, “statute boxes” and “PD boxes” that directly quote from these sources for easy referencing.
    • A core flow chart that gives an overview of PI litigation from start to finish, and specific flow charts that aim to simplify complicated procedure, contained in a supplementary booklet
    • Explanation and analysis on the current rules in relation to key areas and problems that commonly arise in PI litigation.
    • The areas that are covered include: pre-action protocol; limitation periods; PI Questionnaires; Checklist Review Hearings; “milestone dates”; when documents must be filed/served/lodged; settlement; sanctioned offers, sanctioned payments, Calderbank offers; discovery, FBP, and interrogatories; witness statements; expert evidence; and interlocutory judgments.
  • PART 1: INTRODUCTION
    Chapter 1: Introduction
    Chapter 2: Internal referencing - List of Cases, Books, Appendices
    Chapter 3: The flow charts
    Chapter 4: Definitions

    PART 2: EARLY CONSIDERATIONS
    Chapter 5: Important concepts before the beginning of the action
    Chapter 6: Limitation period
    Chapter 7: The PI Questionnaire, Check List Review Notice and Check List Review hearing
    Chapter 8: The “milestone dates”
    Chapter 9: When documents must be filed/lodged/served

    PART 3: SETTLEMENT
    Chapter 8: Mediation
    Chapter 9
    Chapter 10
    Chapter 11: Sanctioned offers, sanctioned payments, and Calderbank offers

    PART 4: DISCOVERY, FBP AND INTERROGATORIES
    Chapter 12: Discovery
    Chapter 13: FBP
    Chapter 14: Interrogatories
    Chapter 15: Voluntary particulars

    PART 5: WITNESS STATEMENTS
    Chapter 16: Purpose of WSs and underlying objectives of the CJR
    Chapter 17: Procedural aspects
    Chapter 18: Contents
    Chapter 19: When should decisions as to admissibility be made by the Court – at the interlocutory stage or at trial?
    Chapter 20: Striking out
    Chapter 21: Rules as to supplementary witness statements

    PART 6: EXPERT EVIDENCE
    Chapter 22: Leave or consent is required to adduce expert evidence
    Chapter 23: Consequences of a party failing to obtain consent or leave
    Chapter 24: Considerations when determining whether to grant leave
    Chapter 25: Timetable for expert meeting and adducing expert reports
    Chapter 26: Individual experts, a single joint expert, or a joint expert report?
    Chapter 27: Liability Experts
    Chapter 28: Quantum Experts
    Chapter 29: What are the duties of an expert?
    Chapter 30: Duties of practitioners when instructing experts
    Chapter 31: Quantum Reports
    Chapter 32: Communications with experts
    Chapter 33: Types of expert evidence
    Chapter 34: Questioning or clarifying the existing expert reports
    Chapter 35: Court’s role
    Chapter 36: Weight given to an expert report?

    PART 7: INTERLOCUTORY JUDGMENTS
    Chapter 37: Entering IJ
    Chapter 38: Assessing damages
    Chapter 39: Setting aside default judgments

    ANNEXES

  • Neal Clough read History part 1 and Law part 2 at Fitzwilliam College Cambridge.  While taking his Bar finals he taught briefly at Harrow School and was head of History at La Sainte Union School Highgate. He spent his whole pupillage with Robert Alexander (Lord Alexander was later described by Lord Denning as "the best barrister of his generation"). Neal came to Hong Kong in January 1978 joining the Legal Aid Department where at various times he headed up the Criminal section, the Employee's Compensation Unit and the Family Section.  Neal returned to private practice in 1994 concentrating on PI, Family, and general commercial litigation.

    Michelle Clough attended school in Hong Kong before going to the University of Kent, Canterbury, where she obtained a Bachelor of Laws. She went on to complete a Master of Laws at the University College London. After this, she returned to Hong Kong for her PCLL, where she studied at the Chinese University of Hong Kong. After completing her PCLL she did one year of pupillage and was called to the bar in 2017. She is now a practising barrister at Victoria Chambers.

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