APIL Guide to Tripping and Slipping CasesFROM £69.00
A one-stop guide covering all the legal disciplines affecting a trip or slip case
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The APIL Guide to Tripping and Slipping Cases is a one-stop text. It covers all the legal disciplines that can come into play in a tripping or slipping case – Local Government, Landlord and Tenant, Occupier’s Liability, Highways, Health and Safety at Work, and so on. It gives detailed guidance on the applicable law, procedure and practice. It has a big library of precedents, from checklists and letters through to Statements of Case. Most of the relevant guidelines are included as appendices, and the facts and principles of the key cases (often contained in inaccessible law reports) are distilled into case summaries.
This new edition has been revised to includes the following developments:
- Substantial changes at common law in respect of the way in which the tort of nuisance can be deployed in Highway cases (with particular reference to the Court of Appeal decisions of Valentine v Transport for London and another  EWCA Civ 1358 and Ali v Bradford MDC  1 W.L.R. 161).
- An update of recent case-law pertaining to the application of the s.58 statutory defence (particularly in respect of the allocation of resources, and the effect of non-compliance with the Code of Practice), arising out of the authorities of Wilkinson v City of York Council  EWCA Civ 207, and AC v Devon CC  EWCA Civ 418.
- Consideration of the circumstances in which a Ward v Tesco defence still applies in light of Butcher v Southend-on-Sea BC  EWCA Civ 1556.
- An update to the Workplace Accidents section, in view of the introduction of the Enterprise and Regulatory Reform Act 2013.
10% discount for APIL Members, to take advantage of this offer please call Customer Services on +44 (0)330 161 1234.
- Selecting the Defendant
- The Definition, Classification and Creation of Highways
- The Structure of Local Government
- The Statutory Duty of Highway Authorities to Maintain
- The Liability of Occupiers
- The Liability of Landlords
- Miscellaneous Statutory Duties in the Workplace
- Preparing a Case
- Case Summaries
- HSE Risk Assessment Materials
- Civil Procedure Rules
- Safety at Street Works and Road Works Extract from the Code of Practice
- Metric and Imperial Units of Length
Read the full review
"a highly regarded work of reference ... the definitive reference guide to best practice in this difficult area of law ... an essential purchase"
Read the full review
Phillip Taylor and Elizabeth Taylor of Richmond Green Chambers
Review of the previous edition"It is a no-nonsense ... practical guide setting out all you need to know to successfully conduct and where necessary litigate tripping and slipping claims ... I found particularly useful the section on disclosure ... a joy for the practitioner to be spared the need to research each aspect of the case law and statute individually and instead to be directed through one reference point only to where you need to go should an individual case require further research ... This book is likely to be all you need ... making a complicated area of law, which is fraught with pitfalls, easily accessible. It is an essential addition to the library of all those conducting personal injury cases."
Myfanwy Buckeridge, The Law Gazzette
But what has happened has had significant consequences for personal injury practitioners – both those acting for claimants and those acting for defendants. Any highway action founded in the tort of nuisance is now all but dead. The scope of the section 58 Defence has been defined further in the cases of Wilkinson v City of York and AC v Devon County Council. The National Code of Practice (Well Maintained Highways) briefly reared its head as a potential benchmark against which to judge highways authorities, but quickly went off the radar.
Highways claims are often complex and nuanced. There is still scope for many technical arguments about statutory interpretation, and there are still significant uncertainties about other central issues. Where that is the case, we have indicated so in the main body of this text.
Despite these areas of grey, we hope that we have provided a one-stop, practical guide that helps practitioners to know what the law is, how it is interpreted in practice, the sorts of submissions that will appeal to the court, and those which will be met with judicial ridicule.
As before, the library of precedents contains plenty of advice on case and trial preparation. It includes checklists, letters and statements of case.
Various versions of this book have been published since 1994. In the earliest edition, one of us (CF) wrote that the book’s main objective was to help hard-pressed practitioners knock off earlier than they otherwise would. It still is.
The law in the book is, we hope, up to date to September 2015.
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