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A Practical Guide To Periodical Payment Orders In Personal Injury Cases In Scotland
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Book Synopsis A Practical Guide to Periodical Payment Orders in Personal Injury Cases in Scotland by : Kirsty O'Donnell
Download or read book A Practical Guide to Periodical Payment Orders in Personal Injury Cases in Scotland written by Kirsty O'Donnell and published by . This book was released on 2021-11-30 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'A Practical Guide to Periodical Payment Orders in Personal Injury Cases in Scotland' is geared towards practitioners in Scotland who deal with personal injury cases involving future pecuniary losses. This is not restricted to practitioners who deal with serious injury cases in the traditional sense. The Damages (Investment Returns and Periodical Payments) (Scotland) Act 2019 was enacted in part on 1 July 2019. Part 2 of this Act deals with the use of periodical payments in personal injury cases and the relevant rules of court are awaited. They are however expected to be published in the near future. Although, currently, periodical payment orders can be agreed extra-judicially in cases where both parties consent to them, once part 2 of the Act comes into force, practitioners will be under an obligation to provide advice in respect of their applicability in cases with future pecuniary losses. The court will also have the power to impose a periodical payment order even if parties do not consent to it but the individual circumstances of each case will be taken into account. This book aims to provide an introduction to practitioners as to how to approach these cases and the practical factors that must be considered. It will provide background and context to periodical payment orders, their pros and cons and the practical steps that must be taken when they are being put in place.
Book Synopsis Personal Injury Schedules by : Andrew Buchan
Download or read book Personal Injury Schedules written by Andrew Buchan and published by . This book was released on 2018 with total page 1086 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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 is 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)."--Bloomsbury Publishing.
Book Synopsis Personal Injury Schedules: Calculating Damages by : William Latimer-Sayer KC
Download or read book Personal Injury Schedules: Calculating Damages written by William Latimer-Sayer KC and published by Bloomsbury Publishing. This book was released on 2018-03-01 with total page 1163 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 is 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).
Book Synopsis Personal Injury Schedules: Calculating Damages by : William Latimer-Sayer QC
Download or read book Personal Injury Schedules: Calculating Damages written by William Latimer-Sayer QC and published by Bloomsbury Professional. This book was released on 2018-01-31 with total page 1168 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 is 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).
Book Synopsis Periodical Payments in Personal Injury Claims by : Tim Kevan
Download or read book Periodical Payments in Personal Injury Claims written by Tim Kevan and published by Xpl Pub. This book was released on 2006-01-01 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The periodic payment regulations came into force in the UK in 2005. They affect all ongoing cases to the extent that periodical payment may now be ordered by the court without consent. This signals a major shift in the way that personal injury practitioners, insurers and the courts must work. As active practitioners, their Report will ensure that readers understand clearly the implications of the changes on practice. Contents include: Background and Damages Act 1996, Courts Act 2003, Changes to Civil Procedure Rules, Varying periodical payments, Funding periodical payments, Indexation of periodical payments, Means-tested benefits, tax and periodical payments, Insolvency and periodical payments."
Book Synopsis A Practical Guide to Personal Injury Fixed Costs in Portal and Ex-Portal Cases by : Alexander Mellis
Download or read book A Practical Guide to Personal Injury Fixed Costs in Portal and Ex-Portal Cases written by Alexander Mellis and published by . This book was released on 2021-09-15 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Systematic Settlements by : Sanford W. Hornwood
Download or read book Systematic Settlements written by Sanford W. Hornwood and published by . This book was released on 1986 with total page 1322 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Periodical Payments by : Gordon Exall
Download or read book Periodical Payments written by Gordon Exall and published by Jordans Pub. This book was released on 2005 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt: The power of the Courts to impose periodical payments was introduced in April 2005 by the Courts Act 2003. Periodical payments may be imposed in any case involving future loss, and has not been restricted to high value cases. The potential impact of these reforms is great, but how the courts will use this power is uncertain. However, all practitioners dealing with cases involving future loss must be ready to deal with periodical payments.This special bulletin explains the law and procedure, and provides a sample pleading and schedule of damages, together with up-to-date versions of all relevant statutory materials.Periodical Payments: The New Law, looks at the major issues surrounding the implementation of the regime for periodical payments, including:• how the legal basis for awarding damages has been affected • the procedural requirements for dealing with periodical payments including the provisions within Part 36 • how orders may be varied and the procedure for applying for a variation of the order • security for the claimant's payments • income tax and state benefitsEach chapter is accompanied by one or more checklists setting out the major changes and requirements introduced by the Courts Act 2003. This special bulletin covers relevant websites dealing with periodical payments and is essential reading for all claimant and defendant personal injury lawyers, clinical negligence specialists, as well as insurance professionals.
Book Synopsis A Practical Guide to the Compensation Recovery Unit and NHS Charges in Personal Injury Claims in England & Wales by : Andrew Cousins
Download or read book A Practical Guide to the Compensation Recovery Unit and NHS Charges in Personal Injury Claims in England & Wales written by Andrew Cousins and published by . This book was released on 2020-07-14 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practical guide to all stages of the CRU and NHS process, from inception of the claim right through to the appellate process for recovery of benefits paid to the CRU.
Book Synopsis Systematic Settlements 3d by : Sanford W. Hornwood
Download or read book Systematic Settlements 3d written by Sanford W. Hornwood and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Practical Guide to Running a Personal Injury File by : Hugh Rischbieth
Download or read book A Practical Guide to Running a Personal Injury File written by Hugh Rischbieth and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Review of Civil Litigation Costs by : Great Britain. Ministry of Justice
Download or read book Review of Civil Litigation Costs written by Great Britain. Ministry of Justice and published by The Stationery Office. This book was released on 2010 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: In January 2009, the then Master of the Rolls, Sir Anthony Clarke, appointed Lord Justice Jackson to lead a fundamental review of the rules and principles governing the costs of civil litigation. This report intends to establish how the costs rules operate and how they impact on the behavior of both parties and lawyers.
Book Synopsis The Mini-Pupillage Workbook by : David Boyle
Download or read book The Mini-Pupillage Workbook written by David Boyle and published by . This book was released on 2019-12-11 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains David Boyle's 12 key lessons for any prospective lawyer, providing a discreet, original, practical guide to problem-solving and your personal development as a lawyer, whether you want to be a barrister or not.
Book Synopsis Personal Injury Practice in the Sheriff Court by : Ronald E. Conway
Download or read book Personal Injury Practice in the Sheriff Court written by Ronald E. Conway and published by . This book was released on 2003 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Personal Injury Practice in the Sheriff Court is a practical and user-friendly guide to procedure for personal injury claims in the sheriff court. Part 1 emphasizes various strategies to strengthen the case at every stage, while Part 2 outlines the law and practice of the most commonly encountered sources of action. This edition includes an outline of the law and practice of stress, bullying and harassment.
Book Synopsis Best Practice Guidelines for Great Ape Tourism by : Elizabeth J. Macfie
Download or read book Best Practice Guidelines for Great Ape Tourism written by Elizabeth J. Macfie and published by IUCN. This book was released on 2010 with total page 87 pages. Available in PDF, EPUB and Kindle. Book excerpt: Executive summary: Tourism is often proposed 1) as a strategy to fund conservation efforts to protect great apes and their habitats, 2) as a way for local communities to participate in, and benefit from, conservation activities on behalf of great apes, or 3) as a business. A few very successful sites point to the considerable potential of conservation-based great ape tourism, but it will not be possible to replicate this success everywhere. The number of significant risks to great apes that can arise from tourism reqire a cautious approach. If great ape tourism is not based on sound conservation principles right from the start, the odds are that economic objectives will take precedence, the consequences of which in all likelihood would be damaging to the well-being and eventual survival of the apes, and detrimental to the continued preservation of their habitat. All great ape species and subspecies are classified as Endangered or Critically Endangered on the IUCN Red List of Threatened Species (IUCN 2010), therefore it is imperative that great ape tourism adhere to the best practice guidelines in this document. The guiding principles of best practice in great ape tourism are: Tourism is not a panacea for great ape conservation or revenue generation; Tourism can enhance long-term support for the conservation of great apes and their habitat; Conservation comes first--it must be the primary goal at any great ape site and tourism can be a tool to help fund it; Great ape tourism should only be developed if the anticipated conservation benefits, as identified in impact studies, significantly outweigh the risks; Enhanced conservation investment and action at great ape tourism sites must be sustained in perpetuity; Great ape tourism management must be based on sound and objective science; Benefits and profit for communities adjacent to great ape habitat should be maximised; Profit to private sector partners and others who earn income associated with tourism is also important, but should not be the driving force for great ape tourism development or expansion; Comprehensive understanding of potential impacts must guide tourism development. positive impacts from tourism must be maximised and negative impacts must be avoided or, if inevitable, better understood and mitigated. The ultimate success or failure of great ape tourism can lie in variables that may not be obvious to policymakers who base their decisions primarily on earning revenue for struggling conservation programmes. However, a number of biological, geographical, economic and global factors can affect a site so as to render ape tourism ill-advised or unsustainable. This can be due, for example, to the failure of the tourism market for a particular site to provide revenue sufficient to cover the development and operating costs, or it can result from failure to protect the target great apes from the large number of significant negative aspects inherent in tourism. Either of these failures will have serious consequences for the great ape population. Once apes are habituated to human observers, they are at increased risk from poaching and other forms of conflict with humans. They must be protected in perpetuity even if tourism fails or ceases for any reason. Great ape tourism should not be developed without conducting critical feasibility analyses to ensure there is sufficient potential for success. Strict attention must be paid to the design of the enterprise, its implementation and continual management capacity in a manner that avoids, or at least minimises, the negative impacts of tourism on local communities and on the apes themselves. Monitoring programmes to track costs and impacts, as well as benefits, [is] essential to inform management on how to optimise tourism for conservation benefits. These guidelines have been developed for both existing and potential great ape tourism sites that wish to improve the degree to which their programme constributes to the conservation rather than the exploitation of great apes.
Book Synopsis Law Books in Print: Subjects by : Nicholas Triffin
Download or read book Law Books in Print: Subjects written by Nicholas Triffin and published by . This book was released on 1987 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Pensions on Divorce written by Fiona Hay and published by . This book was released on 2013-09-20 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edition explains in an accessible fashion one of the most technical and pitfall-strewn areas of family law practice. It looks at the law and procedure relating to the redistribution of pension rights on divorce, covering the different types of pensions, the powers and procedures of the court, the acturaial issues involved, and how to deal with the many different situations that can arise.