Tort / Personal Injury

Personal Injury Schedules: Calculating Damages, 4th edition

Edited by Mr Justice Brian Langstaff · Andrew Buchan · William Latimer-Sayer · Rodney Nelson-Jones
Bloomsbury Professional (formerly Tottel Publishing) February 2018

Specifications

ISBN-13
9781784517267
Publisher
Bloomsbury Professional (formerly Tottel Publishing)
Publication
February 2018
Format
Paperback , 992 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Personal Injury Schedules: Calculating Damages covers in one single volume all that the PI practitioner needs in order to calculate damages in a personal injury case. It provides a guide to the assessment of damages and presentation of schedules. The emphasis remains on the practical application of the rules and principles involved, covering a variety of claims ranging from the small to the catastrophic. Defendants are also catered for, with a substantial chapter on Counter-Schedules.

The book contains comprehensive and up-to-date analysis of the relevant principles and case law in a practical handbook style with valuable advice on presentation and strategy, complimented by a raft of precedents. Its key strengths are its clear and structured presentation and calculation of difficult items of loss with checklists, bullet points and tables offering immediate solutions for the busy practitioner, who needs accurate information on a daily basis in the courtroom or the office.

This new edition will be fully updated to take account of the following developments resulting from case law since the last edition:

  • Fatal Accident Act multipliers: Knauer v MOJ [2016] UKSC 9
  • Pre-existing conditions: Reaney v University Hospital of North Staffordshire [2015] EWCA Civ 1119
  • Residual earnings discount factors: Billett v MOD[2015] EWCA Civ 773
  • Review of the highest court award ever made: Robshaw v United Lincolnshire Hospitals NSH Trust [2015] EWHC 923 (QB)
  • Developments in the approach to interim payment applications: Smith v Bailey [2014] EWHC 2569 (QB)
  • Recoverability of credit hire claims: Brent v Highways & Utilities Construction & others [2011] EWCA Civ 1384 Opuku v Tintas [2013] EWCA Civ 1299; Zurich Insurance v Umerji [2014] EWCA Civ 357; Sobrany v UAB Transtira [2016] EWCA Civ 28
  • Fatal accidents and incompatibility with the ECHR: Swift v Secretary of State for Justice [2013] EWCA Civ 193
  • Periodical payment orders: RH v University Hospitals Bristol Foundation Trust [2013] EWHC 299 (QB) Wallace v Follett [2013] EWCA Civ 146
  • Striking out dishonest claims: Fairclough Homes Ltd v Summers [2012] UKSC 26
  • Assessment of multipliers when not constrained by the Damages Act 1996: Simon v Helmot [2012] UKPC 5
  • Assessment of life expectancy: Whiten v St George's Healthcare NHS Trust [2011] EWHC 2066 (QB)

Table of Contents

  • General Principles;
  • Schedules of Loss;
  • Compiling the Evidence;
  • Non-Pecuniary Loss (General Damages);
  • Interest on Non-Pecuniary Loss (General Damages);
  • Past Expenses and Losses;
  • Interest on Past Expenses and Losses;
  • Future Expenses and Losses;
  • The Claim for Lost Years;
  • Recovery of State and Collateral Benefits;
  • Counter-schedules;
  • Fatal Accident Claims;
  • Damages for the Dying;
  • Professional Negligence Claims;
  • Periodical Payments;
  • Personal Injury Schedules in the Emplyment Tribunal;
  • Precedents. 
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