A Practical Guide to the Pre-Action RTA Claims Protocol for Personal Injury Lawyers

A Practical Guide to the Pre-Action RTA Claims Protocol for Personal Injury Lawyers
Author: Antonia Ford
Publisher: Law Brief Publishing
Total Pages: 96
Release: 2020-02-12
Genre: Law
ISBN: 9781912687619

The aim of this book is to provide a practical guide to all stages of the RTA Protocol to assist in the handling of pre-litigation claims and inform Practitioners of the potential impact that pre-litigation decisions may have on future litigation.

Rta Personal Injury Claims

Rta Personal Injury Claims
Author: Andrew Mckie
Publisher: Law Brief Publishing
Total Pages: 162
Release: 2015-02-28
Genre:
ISBN: 9780957553071

A clear but comprehensive guide to road traffic accident personal injury claims. Covers issues in relation to RTA claims dealing with such issues as the portal, fixed costs, liability, indemnity, vicarious liability, causation, litigation tactics, investigating quantum, vehicle related damages and head of special damages, commonly found in RTA cases and in particular focuses on the day-to-day issues in practice, one encounters with such cases. Andrew Mckie, Barrister at Clerksroom Manchester, is a specialist in claimant and defendant personal injury, with a particular interest in cases involving alleged fraud, credit hire, highways, occupiers and defective premises cases. He was previously Head of Litigation and In-House Solicitor Advocate at a claimant personal injury firm with over 50 staff.

A Practical Guide to Personal Injury Fixed Costs in Portal and Ex-Portal Cases

A Practical Guide to Personal Injury Fixed Costs in Portal and Ex-Portal Cases
Author: Alexander Mellis
Publisher:
Total Pages: 102
Release: 2021-09-15
Genre:
ISBN: 9781913715991

Fixed costs in personal injury do not always provide the clarity that may be hoped for. Even if your case is a straightforward one, this book will ensure you correctly calculate the fixed costs payable in claims that start life under the various protocols and portals for road traffic accidents, employers and public liability claims and travel sickness claims, whether they remain in the portal or exit it. The book will bring together in one place important rules scattered across the Civil Procedure Rules from the Protocols, Part 36, Part 44 and Part 45 Sections III and IIIA as well as supporting case law. The book will help you know if a point has been determined or only been dealt with in the County Court. As well as helping with which points remain arguable, the book will also help identify the arguments that may be deployed for each side, pending any binding authority. ABOUT THE AUTHOR Alexander Mellis is a barrister at No5 Chambers, specialising in personal injury work. He acts for both claimants and defendants at multi-track and fast-track level. Alexander is regularly in trial as well as undertaking the usual array of interim and case & costs management hearings, with resulting experience of the costs issues that can arise from cases that start as fixed costs cases.

Personal Injury and Clinical Negligence Litigation

Personal Injury and Clinical Negligence Litigation
Author: David Dow (LLB, solicitor.)
Publisher:
Total Pages: 400
Release: 2007
Genre: Civil procedure
ISBN: 9781905391288

This guide provides a thorough and practical introduction to the large and complex area of personal injury and clinical negligence litigation. The text sets out in a practical way how personal injury and clinical injury claims are conducted under the Civil Procedure Rules, and the authors clearly and succinctly explain how to conduct a case from the first interview through to the quantification of damages. In particular, they provide a thorough treatment of how case management works under the fast track and multi-track procedures and explain how ADR has become an increasingly important part of litigation. The appendices include pre-action protocols for personal injury claims and for the resolution of clinical disputes.

Personal Injury and Clinical Negligence Litigation 2021

Personal Injury and Clinical Negligence Litigation 2021
Author: Marriott
Publisher: College of Law Publishing
Total Pages: 726
Release: 2021-01-18
Genre: Law
ISBN: 1914202015

This guide provides a thorough and practical introduction to the large and complex area of personal injury and clinical negligence litigation. The text sets out the substantive law governing the legal duties owed by road users, employers and members of the medical profession, and explores topics such as limitation and psychiatric illness, so that the procedural law governing personal injury and clinical negligence claims may be understood in context. In a clear and concise way, it demonstrates how such claims are conducted under the Civil Procedure Rules (CPR), from the first interview through to the quantification of damages. The appendices include the 2015 Rehabilitation Code, pre-action protocols for personal injury claims, the resolution of clinical disputes and low value EL and PL claims, as well as extracts from the latest Ogden tables. There is also a personal injury case study which includes key documentation.This new edition has been updated to include relevant recent developments. These include an update on the Civil Liability Act 2018, the Fatal Accidents Act 1976 (Remedial) Order 2020, as well as notes relating to the 8th edition of the Ogden tables. Key recent case law is covered, including Swift v Carpenter [2020] EWCA Civ 1295, 2020.

Apil Model Letters for Personal Injury Lawyers

Apil Model Letters for Personal Injury Lawyers
Author: John McQuater
Publisher: Jordans Pub
Total Pages: 363
Release: 2008
Genre: Law
ISBN: 9781846610523

These letters provide a comprehensive work flow system to guide the reader through all the stages of a personal injury claim, from initial instructions through to resolution of the claim. The letters are also designed to deal with many of the practical problems that can arise in the conduct of a personal injury claim taking account of the requirements of the pre-action Protocol, the Civil Procedure Rules and relevant case law. The letters ensure the claim is progressed and issues relating to liability, quantum and general tactics are dealt with effectively whilst keeping the client fully advised throughout.This edition has been extensively revised and updated and takes on board significant changes to the conditional fee regime and the referral fee code, the introduction of predictable costs, the new rules on pre-action admissions and part 36, as well as important new case law.All major areas of PI practice are covered and are grouped within the following categories:• Client care • Initial Steps and the Pre-action Protocol • Evidence • Quantum • Proceedings • Trial • AppealsAPIL Model Letters for Personal Injury Lawyers also comes complete with a CD-ROM containing all the letters from the book for you to use and adapt to your needs.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.

APIL Guide to Personal Injury Claims Procedures

APIL Guide to Personal Injury Claims Procedures
Author: John McQuater
Publisher: Jordan Publishing (GB)
Total Pages: 0
Release: 2015
Genre: Civil procedure
ISBN: 9781846612343

This text provides practical guidance for all lawyers conducting personal injury cases. It takes the reader through each step of a claim, from the protocol to trial and recovery of costs, providing detailed coverage of the applicable procedure.

APIL Model Letters for Personal Injury Lawyers

APIL Model Letters for Personal Injury Lawyers
Author: John McQuater
Publisher: Jordans Pub
Total Pages:
Release: 2015-03-31
Genre: Law
ISBN: 9781846618864

Civil Costs: Law and Practice is well established as the authoritative reference for both costs practitioners and those who need a more rigorous analysis of the law than is possible in popular shorter works on the subject. Independent reviewers have said that it is ‘the Bible of the legal costs world’ and that it is ‘a life support system for every litigator’. All aspects of civil costs law are covered. The detailed commentary is scrupulously impartial, such that independent reviewers have noted that ‘there is not a single proposition put forward that does not have a detailed corresponding reference for the authority’. Reviewers have also noted that on ‘the rare occasion where the writer’s opinion alone is being given, this is made crystal clear’. The authorities are often quoted word-for-word, but even when they are not, they are cited, usually with pinpoint precision. There are literally thousands of footnotes, and where appropriate, difficult points are explained by way of flowcharts or diagrams. All of the rates and figures that a costs practitioner could wish for are set out in easily accessible forms, such as tables and charts. Many of the chapters have been substantially rewritten for the third edition, and all the major changes and developments since the Jackson Reforms are addressed, including: • Consumer protection and contracts of retainer;• Costs budgeting and prospective case management;• Relief from sanctions following Mitchell and Denton;• Human rights and the recovery of success fees;• The rise in applications for security for costs;• The greater use of orders for interim payments;• Changes in the way the Bar charges for its services; • Proportionality under the new overriding objective;• Provisional assessments;• The expansion of fixed costs regimes; • Part 36 offers, in both substantive litigation and in costs litigation; • The changes in costs procedure, including the compulsory requirement to make an offer; and• Changes to the format of Bills of Costs and Points of Dispute.Civil Costs is written primarily for members of the judiciary who deal with civil costs, and for costs lawyers, costs draftsmen and costs counsel. Civil litigators, barristers practising civil law and managing partners will also find it useful. Unusually for a practitioners’ text, it is well regarded by common law lawyers outside England and Wales. This is because its extensive citation of older authorities makes it easy to identify principles that are globally relevant.