APIL Personal Injury

Law, Practice and Precedents

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Price: £530.00

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Format:
Looseleaf and CD-ROM
ISBN:
978 0 85308 993 3
Editor:
David Marshall, Frances McCarthy
Category:
Personal Injury and Civil Litigation

Provides an armoury of information on all aspects of PI practice

Designed and written by leading claimant lawyers, APIL Personal Injury Law, Practice and Precedents is a comprehensive and practical reference work dealing with every aspect of personal injury practice. Combining authoritative commentary, expertly drafted precedents and other key materials, it is the ideal resource for all claimant lawyers.

New

  • New section on Low Value Personal Injury Claims in Road Traffic Accidents
  • Guidance on Part 36 offers and latest case-law including Gibbon v Manchester City Council
  • Revised section on expert witnesses taking account of new case-law and changes to CPR Part 35
  • Substantial amendments to Funding division incorporating all the latest case-law including Peacock v MGN Ltd on staged success fees
  • Reviews all the latest case-law and considers in detail the costs regime of the new Claims Process for Low Value Road Traffi c Accidents, and the implications of the Jackson Review
  • Includes over 70 model letters and 40 sample pleadings
  • Latest facts and fi gures including latest benefi t rates, tax and NI rates, ASHE, Special Investment account rate, Nursing and Care rates, vehicle running costs, etc

 Forthcoming

  • Full text of the JSB Guidelines for the Assessment of Damages in Personal
    Injury Cases (10th Edition)
  • Revamped chapter on the Court of Protection
  • Completely updated section on Professional Negligence

What is included?

Commentary
Leading practitioners provide detailed and practical analysis on the basis of liability for each of the major types of personal injury actions, together with a thorough examination of the law relating to limitation, damages, funding and costs. The practice and procedure relating to PI claims is dealt with comprehensively and with particular emphasis placed on the needs of claimant lawyers.

Legislation and Procedure
Over 60 key statutes and statutory instruments as well as extracts from the civil procedure rules.

Precedents
Expertly drafted precedents including over 70 model letters, 40 pleadings, draft applications, and model schedules of loss are provided.

Agreements
The full text of the Criminal Injuries Compensation Agreement 2008 and both the Untraced and Uninsured Drivers’ Agreements are reproduced, together with the text of the Highway Code.

Quantum materials
Key materials such as the Ogden Tables and JSB Guidelines are included, as well as key statistics and calculations such as Multipliers for Periodic Loss, Interim Life Tables, Earnings, Interest, Prices, Income Tax and NI, Social Security Benefits, Court of Protection Fees, Motoring Costs, Fostering Costs, Nursing Costs and many more.

Funding and Costs
Model CFA agreements, Solicitors Regulation Authority materials, model risk assessments, court forms and APIL/PIBA 6.

Bulletin
The main work is supplemented by regular bulletins (in both hard copy and online) providing details of the latest cases, statutory and other developments with cross-references to the main work.


2012 Subscription Information

2 volume loose-leaf + CD-ROM*
£530 for Non-APIL members / £477.00 for APIL members
(10% discount for APIL Members, to take advantage of this offer please call Customer Services on 0117 918 1492 and quote your APIL membership number)
4 updates per year
Pay as you go, approx. £130.00 per update

*This CD-ROM is designed to run on Windows based systems. To check your system compatibility please contact our helpdesk on 01179 181496 

General Editors

David Marshall, Managing Partner, Anthony Gold; and APIL Past President
Frances McCarthy, Managing Partner and Head of Personal Injury, Pattinson & Brewer; and APIL Past President

Contributors

Simon Allen, Joint Head of National Personal Injury Department, Russell Jones & Walker
Andrew Axon, Barrister, Park Lane Plowden Chambers
Paul Balen, Partner, Freeth Cartwright LLP
Margaret Bickford-Smith QC, Crown Office Chambers
Lynne Bradey, Partner, Wrigleys Solicitors
David Coldrick, Partner, Wrigleys Solicitors
Richard Copnall, Barrister, Park Lane Chambers
Richard Cropper, IFO, Personal Financial Planning
John Eames, Social Security Trainer, Express Training Associates
Gordon Exall, Barrister, Zenith Chambers
Charles Foster, Barrister, Outer Temple Chambers
Clive Garner, Partner and Head of International Travel Litigation Group, Irwin Mitchell
Christopher Goddard, Barrister, 9 Gough Square
Elizabeth-Anne Gumbel QC, 1 Crown Office Row
Ian Gunn, Director, Personal Financial Planning Limited
Mark Harvey, Partner and Head of Claimant Division, Hugh James
Christopher Hough, Barrister, Doughty Street Chambers
Martin Huseyin, Barrister, Tooks Court Chambers
Michael Imperato, Partner, Russell Jones & Walker
Malcolm Johnson, Principal, Malcolm Johnson & Co Solicitors
Steven King, Partner, Greenwoods
Terry Lee, Consultant, Russell-Cooke Solicitors
Christopher Limb, Barrister, Young Street Chambers
John McQuater, Head of Personal Injury, Atherton Godfrey
Jan Markland, Partner, Augustines Injury Law
Andrew Morgan, Solicitor, Field Fisher Waterhouse
Daniel Neill, Barrister, Guildhall Chambers
Robin Oppenheim QC, Barrister, Doughty Street Chambers
Fiona Paterson, Barrister, 3 Sergeant's Inn
Selena Plowden, Barrister, Guildhall Chambers
Richard Scorer, Partner, Pannone & Partners
John Snell, Barrister, Guildhall Chambers
Paula Sparks, Barrister, Doughty Street Chambers
Jackie Spinks, Partner, Anthony Gold
John Webster, Partner, Augustines Injury Law
Mark Whalan, Barrister, 9 Gough Square
Henry Witcomb, Barrister, 1 Crown Office Row

Part A - LIABILITY

  • General Principles: Providing for Injury Victims 
  • Road Traffic Accidents and the MIB
  • Accidents at Work
  • Occupational Illness Claims
  • Occupiers' Liability
  • Personal Injuries on the Highway
  • Psychological Injuries
  • Product Liability
  • Travel Claims
  • Sports Injury Claims
  • Actions Against the Police
  • Animals
  • Children
  • Employment Law and Personal Injury Law
  • Professional Negligence
  • Defendants
  • Insurance

PART B - LIMITATION

  • Limitation Act 1980: 3-year Limitation Period
  • Cases Where Limitation Period is Less than 3 Years
  • Limitation Periods Longer than 3 Years
  • Infants and Protected Parties 
  • Fatal Accidents
  • Date of Knowledge
  • Applications under Limitation Act 1980, s 33
  • Ammendments of Parties after Issue

PART C - DAMAGES

  • Principles
  • General Damages
  • Loss of Earnings
  • The ‘Lost Years'
  • Pension Loss
  • Nursing Care
  • Private Health Care Costs
  • Accommodation
  • Schedules and Counter Schedules
  • Fatal Accidents
  • Non-compensatory Damages
  • Provisional Damages
  • Periodical Payments
  • Interest
  • Personal Injury Trusts
  • Recoupment of State Benefits
  • Inquests
  • Criminal Injuries Compensation Authority
  • Community Care
  • Remedies under the Human Rights Act 1998
  • Investment 

PART D - FUNDING

  • The Retainer
  • Risk Assessment
  • Conditional Fee Agreements
  • Collective Conditional Fee Agreements
  • After the Event Insurance
  • Contingency Fees
  • Before the Event Insurance
  • Public Funding
  • Counsel and CFAs

PART E - COSTS

  • Making Personal Injury Work Profitable
  • File Notes
  • The Indemnity Principle
  • Hourly Rates
  • Principles of Costs Recovery
  • Estimates, Budget and Caps
  • Fixed Costs
  • Payments on Account of Costs
  • Assessments
  • Charging the Client
  • Costs Consequences of Part 36 Offers

PART F - RUNNING THE CASE

  • Procedures
  • Instructions
  • Urgent Action
  • Rehabilitation
  • Obtaining Evidence
  • Medical Records 
  • Pre-Action Protocols
  • The Claims Process: Low Value Personal Injury Claims in Road Traffic Accidents
  • Expert Evidence
  • Counsel
  • Pre-issue Settlement
  • Court of Protection 
  • Issue of Proceedings
  • Early Judgment
  • Interim Payments
  • Offers to Settle and Payments into Court
  • Small Claims
  • Fast Track
  • Multi-track
  • ADR
  • Pleadings
  • Trials
  • Group Litigation
  • Appeals

PART G - PRECEDENTS

  • Model Letters
  • Statement
  • Pleadings
  • Applications and Orders
  • Schedules of Loss
  • Instructions to Counsel

PART H - STATUTORY MATERIALS

  • Statutes
  • Statutory Instruments
  • CPR

PART I - STATUTORY MATERIALS

  • Motor Insurers' Bureau
  • Highway Code
  • Criminal Injuries Compensation
  • Quantum Materials
  • Rehabilitation
  • Funding and Costs
  • Medical Materials
  • Addresses

"eloquent introduction ... described as being designed to provide a trusted resource ... practical and user friendly guide and to make current personal injury law and practice readily accessible. The aims are by and large achieved ... the section on RTA liability is particularly good and has already been well thumbed in our department ... There is also an online version, which is easy to use and navigate ... in the short time that I have had access to Personal Injury Law, Practice and Precedents ... it has become my preferred first port of call for any query on the law or procedure. The fact that it is only two volumes definitely helps and I actually cannot recall when I last looked at Kemp or Butterworths for anything other than a quantum report ... if I were starting a library from scratch I would probably invest in Personal Injury Law, Practice and Precedents"
PI Focus

Update 21 (December 2011)

Update 21 contains amendments to Divisions A, C, F, H & I as follows:

Division A (Liability) – includes general updating to A3 (Accidents at Work). Section A5 (Highways) has been updated to take account of Wilkinson v City of York Council and the issue of local authority budgetary constraints and HA 1980, s 58 defences, and A12 (Animals) has been reviewed in the light of recent case-law.

Division C (Damages) – Section C19 (Community Care) has been completely revised to take account of all key cases such as Nottingham CC v Bottomley.

Division F (Procedure) – Sections F1 (Procedure), F2 (Instructions), F3 (Urgent Actions), F4 (Rehabilitation), F5 (Obtaining Evidence), F6 (Pre-Action Protocol), F8 (Counsel, F9 (Pre-Issue Settlement) and F19 (Pleadings) have all been updated to reflect developments in law and procedure.

Division H (Reference Materials) – takes account of recent changes to statutory materials and the CPR.

Division I (Materials)
– has been updated to include: the 7th edition of the Ogden tables, the latest figures for ASHE, latest Average Weekly Earnings, Bank of England Interest rates, Retail Price Index rates, as well as latest motor running costs tables.

Fully updated Tables and Index are included with this update.

 

APIL Personal Injury: Law, Practice and Precedents is also available online

  • fully searchable - use word or advanced searches to pinpoint information quickly and precisely, saving you valuable time
  • much quicker access - to the information and analysis you need
  • instant access anywhere, any time - find exactly what you need wherever you are
  • easy-to-use intuitive software - the technology reveals more about the information and does not get in its way!
  • Bi-monthly bulletin
  • full transcripts of many of the cases discussed in the Bulletin


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