Tort / Personal Injury

Personal Injury Practice, 6th Edition

Edited by Andrew Buchan · Jenny Kennedy · Eliot Woolf
Bloomsbury Professional (formerly Tottel Publishing) March 2014

Specifications

ISBN-13
9781780431956
Publisher
Bloomsbury Professional (formerly Tottel Publishing)
Publication
March 2014
Format
Paperback , 664 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Personal Injury Practice, Sixth Edition is an essential guide for practitioners who want access to the latest updates to this practice area whilst laying a firm foundation for those who wish to master the basics of personal injury litigation.

Setting out all the procedures and explaining the necessary actions for dealing with a personal injury case, from the accident/injury itself to the Court of Appeal, this book assists all practitioners in gaining sufficient confidence to put their knowledge into practice for every type of PI case.

Updates and a new chapter
The sixth edition covers the numerous developments in the field of PI practice since 2008, including a new Chapter 3: “The Portal”: Claims and Procedures (and subsequent case law). Representing most cases under £25,000, the content in this chapter now affects the majority of personal injury cases.

Other legislation and case law covered in the sixth edition include:

  • PGF II SA v OMFS CO 1 Ltd (regarding mediation)
  • Hashtroodi v Hancock & Mitchell (relief from sanctions)
  • The Enterprise and Regulatory Reform Act 2013 Section 69, which amends the HSWA 1974 (regarding the abolition of civil liability for breach of statutory duty)
  • The new CPR 6.7 and Mitchell v News Group Newspapers Ltd.

Why buy this book? 
Person Injury Practice, Sixth Edition is the only up-to-date, comprehensive and step-by-step guide currently available to practitioners, written by practitioners. It includes helpful specimen letters and precedents to assist with best practice, as well as sections dedicated to special problems to aid in these particular areas.

Who is the book for? 
Personal Injury Practice is written for PI practitioners at all levels, from beginners to those with experience, including those who practice in clinical negligence and insurance. It is also written as the entry volume for the more detailed specialist areas covered by Bloomsbury Professional’s Personal Injury Schedules, Third Edition and Lewis and Buchan: Clinical Negligence – A Practical Guide, Seventh Edition.

Table of Contents

Part I Preparation
Chapter 1 Case management: in house 
Chapter 2 Case management: by the courts 
Chapter 3 Portal claims 
Chapter 4 Small claims track 
Chapter 5 Fast track and the protocols 
Chapter 6 Multi track 
Chapter 7 Funding 
Chapter 8 The initial interview and the claimant’s proof 
Chapter 9 Urgent action 
Chapter 10 Preliminary correspondence and the letter of claim 
Chapter 11 Collecting evidence 
Chapter 12 Evidence: non expert evidence on liability and quantum 
Chapter 13 Evidence: expert evidence on liability and quantum 
Chapter 14 Negotiations and offers 
Part II Issue to trial
Chapter 15 Alternative dispute resolution 
Chapter 16 Issue and service 
Chapter 17 Claimant’s statement of case 
Chapter 18 The defence, Part 18 requests for further information, connected proceedings, judgment in default, summary judgment and admissions 
Chapter 19 Applications 
Chapter 20 Non-compliance with court orders
Chapter 21 Disclosure and inspection 
Chapter 22 Review of evidence 
Chapter 23 Preparing for trial 
Chapter 24 The trial 
Chapter 25 Costs 
Chapter 26 Handling the award 
Chapter 27 Appeals 
Part III Special problems
Chapter 28 Limitation of actions 
Chapter 29 Fatal accidents 
Chapter 30 Claimants under a legal disability 
Chapter 31 Disease cases 
Chapter 32 Claims for injuries caused by stress at work 
Chapter 33 Liability for products and premises 
Chapter 34 Motor drivers and owners 
Chapter 35 Criminal injuries 
Part IV Appendices
Appendix A Proofs and witness statements 
Appendix B Specimen correspondence 
Appendix C Specimen schedules of special damages 
Appendix D Useful addresses 
Appendix E Fixed recoverable costs: fast track claims 
Appendix F Pre-action protocol for low value personal injury claims in road traffic accidents from 31 July 2013 
Appendix G Pre-action protocol for low value personal injury (employers’ liability and public liability) claims 
Appendix H Cost case conference direction 

About the Author

Andrew Buchan is a barrister at Cloisters, Temple, London. He has specialised in personal injury and clinical negligence since 1985. Jenny Kennedy is a partner in the personal injury and clinical negligence department at Anthony Gold, London. Eliot Woolf is a barrister at Outer Temple Chambers, London with extensive experience appearing on behalf of both claimants and defendants in personal injury cases.

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