Funding Personal Injury Litigation In Scotland

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Funding Personal Injury Litigation in Scotland

Author : Robert Milligan
Publisher :
ISBN 13 : 9781912687794
Total Pages : 92 pages
Book Rating : 4.6/5 (877 download)

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Book Synopsis Funding Personal Injury Litigation in Scotland by : Robert Milligan

Download or read book Funding Personal Injury Litigation in Scotland written by Robert Milligan and published by . This book was released on 2021-09-15 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2021 is a landmark year in the funding of personal injury litigation in Scotland. Long awaited changes in relation to damages based agreements (DBAs) and qualified one way cost shifting (QOCS) have finally been implemented. This concise work is essential reading for anyone practicing in the field of personal injury, whether acting principally for insurers or pursuers. As well as including all the key statutory provisions, the book looks to cases in other jurisdictions with similar (but not identical) provisions and analyses how relevant those cases might be in this jurisdiction. ABOUT THE AUTHOR Robert Milligan is ranked as a leading silk in both Legal 500 and Chambers UK and is rated as the Star Individual for Personal Injury work in Chambers UK. He has a particular interest in product liability claims, fatal claims and catastrophic injuries. He was instructed by the defenders in the Vioxx litigation and acts for the pursuers in the group litigations relating to metal on metal hips, diesel emissions and vaginal mesh implants. He speaks and writes regularly on personal injury related matters, particularly in relation to damages. Robert is a legal chairman of the War Pensions Appeal Tribunal and sits on the SRU Discipline Panel. In 2017 he represented the Scotland player Ryan Wilson following an incident in the Calcutta Cup match of that year. He is a member of the Scottish Civil Justice Council Working Group on Group Proceedings.

Review of Civil Litigation Costs

Author : Great Britain. Ministry of Justice
Publisher : The Stationery Office
ISBN 13 : 9780117064034
Total Pages : 388 pages
Book Rating : 4.0/5 (64 download)

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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.

A Practical Guide to the Law of Forests in Scotland

Author : Philip Buchan
Publisher :
ISBN 13 : 9781913715281
Total Pages : 102 pages
Book Rating : 4.7/5 (152 download)

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Book Synopsis A Practical Guide to the Law of Forests in Scotland by : Philip Buchan

Download or read book A Practical Guide to the Law of Forests in Scotland written by Philip Buchan and published by . This book was released on 2021-04-27 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt: This practical guide is a well-organised and easily accessible introduction to the law applying to forests and woodlands in Scotland. The book will be a useful tool for anyone interested in Scotland's forests whether large commercial plantations or small woodlands. The text is succinct and empathetic with helpful explanations and references to key sources of information throughout. ABOUT THE AUTHOR Philip Buchan is a solicitor specialising in land law and in particular countryside matters. He qualified in 2005 (Writer to the Signet, 2016). Philip regularly publishes articles in sector newsletters and magazines and national newspapers such as the Scotsman. He also blogs on forestry, land reform and agricultural matters. CONTENTS Chapter One - Forestry Law History and Legislation Chapter Two - Scotland's Forestry Strategy and Governance Structure Chapter Three - Management of Land by the Scottish Ministers Chapter Four - Tree Species and Health Chapter Five - Forestry Standards Chapter Six - Felling Chapter Seven - Financial Support Chapter Eight - Timber Transport Access Chapter Nine - Land Information Search, Ancient Monuments and other Designations Chapter Ten - Third Party Rights Chapter Eleven - Boundaries and Mapping Chapter Twelve - Deer Management Chapter Thirteen - Hutting Chapter Fourteen - Community Woodlands Chapter Fifteen - Forestry Taxation Chapter Sixteen - The Woodland Carbon Code Chapter Seventeen - Conclusion

The Costs and Funding of Civil Litigation

Author : Christopher Hodges
Publisher : Bloomsbury Publishing
ISBN 13 : 1847316158
Total Pages : 580 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Costs and Funding of Civil Litigation by : Christopher Hodges

Download or read book The Costs and Funding of Civil Litigation written by Christopher Hodges and published by Bloomsbury Publishing. This book was released on 2010-11-17 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains the first major comparative study of litigation costs and methods of funding litigation in more than 30 jurisdictions. It was linked with the most comprehensive review of costs ever carried out in England and Wales by Lord Justice Jackson in 2009 and benefited from the assistance of leading practitioners around the globe. The study analyses the principles and rules that relate to paying courts, witnesses and lawyers, and the rules on cost shifting, if any. It also notes the major ways in which litigation can be funded, identifying the global trend on contraction of legal aid, the so far limited spread of contingency fees, and the growing new phenomenon of private third party litigation funding. The study also presents the results of nine case studies of typical claim types, so as to give a first overview comparison of which countries' legal systems are cheaper or more expensive. The book further contains national chapters with in depth analysis contributed by scholars in 18 jurisdictions (Australia, Belgium, Canada, China, Denmark, England & Wales, France, Germany, Japan, the Netherlands, New Zealand, Poland, Portugal, Russia, Spain, Switzerland, Taiwan and USA) and a further chapter on Latin American jurisdictions. 'Dr Hodges, Professor Vogenauer and Dr Tulibacka have conducted an excellent and thorough comparative study of litigation costs and funding across a wide range of jurisdictions ('the Oxford study'). The Oxford study is important, because it provides both context and background for any critical examination of our own costs and funding rules... I commend this book both for its breadth and detail and also for its percipient commentary. This work will make a valuable contribution to the debate which lies ahead about how the costs and funding rules of England and Wales should be reformed in order to promote access to justice.' From the Foreword by Lord Justice Jackson, Royal Courts of Justice, 16th July 2010 This title is included in Bloomsbury Professional's International Arbitration online service.

A Practical Guide to the Small Claims Track - 2nd Edition

Author : Dominic Bright
Publisher :
ISBN 13 : 9781913715625
Total Pages : 396 pages
Book Rating : 4.7/5 (156 download)

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Book Synopsis A Practical Guide to the Small Claims Track - 2nd Edition by : Dominic Bright

Download or read book A Practical Guide to the Small Claims Track - 2nd Edition written by Dominic Bright and published by . This book was released on 2020-12-18 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: "... learned, practical, readable and useable. ... essential reading not only for litigants in person, but for all practitioners who handle small claims ... the judges of the county court (whether salaried or fee-paid) would benefit considerably by reading this book and keeping it by their side ... an excellent book." Foreword to the second edition by His Honour Judge Dight CBE Senior Chancery Circuit Judge Resident & Designated Civil Judge Central London and Mayor's & City of London Courts Lead Diversity and Community Relations Judge "A comprehensive and practical guide to the Small Claims Track. Dominic Bright has set out a clear and extensive guide which will be invaluable to all practitioners who deal with Small Claims; as well as those in the voluntary sector, who assist Litigants in Person." - District Judge & Recorder Pollard South Eastern Circuit "The second edition of A Practical Guide to the Small Claims Track continues to be essential reading for all those involved in conducting small claims. Written in a clear, accessible style, Dominic Bright's detailed yet concise guide sheds light on all aspects of the small claims procedure. With up-to-date information on changes in practice precipitated by the Covid-19 pandemic, this book is an invaluable resource particularly for litigants in person and those who are unfamiliar with the court process." - District Judge Dias South Eastern Circuit "In this book, Dominic Bright has managed to produce a detailed and comprehensive guide to dealing with all aspects of a case in the small claims track which is both easy to understand and to navigate. Although small claims cases are normally for less than £10,000, the amounts claimed and in dispute can still be life changing for parties. The book will assist practitioners and litigants in person in preparing and presenting cases in the best and most effective way." - District Judge James Britton Western Circuit "Mr Bright has written a thorough, detailed yet easy to follow guide to all using the small claims procedure in the County Court. It will be an invaluable aide to litigants in person, practitioners and the newly appointed District Judge, and I cannot commend it highly enough." - District Judge Bishop South Eastern Circuit ABOUT THE AUTHOR Dominic is a barrister at Lamb Chambers, registered civil and commercial mediator at Resolved Online, and former judicial assistant to Sir Brian Leveson, then President of the Queen's Bench Division. His recent articles include: 'COVID-19, International Commercial Contracts & "Breathing Space" Further Encouraging ADR; Developing Common Law Doctrines; & An Implied Term of Good Faith'; 'UK Autonomous Sanctions System: Substantial Increase in the Costs of Compliance'; and 'Climate Change & the Judiciary: Europe; the United States; & the Indian Subcontinent'. He is a member of the British Institute of International and Comparative Law, Chatham House, Civil Mediation Council, Commercial Bar Association, Property Bar Association, and Technology and Construction Bar Association.

Paths to Justice Scotland

Author : Hazel Genn
Publisher : Hart Publishing
ISBN 13 : 1841130400
Total Pages : 411 pages
Book Rating : 4.8/5 (411 download)

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Book Synopsis Paths to Justice Scotland by : Hazel Genn

Download or read book Paths to Justice Scotland written by Hazel Genn and published by Hart Publishing. This book was released on 2001-10 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reporting from a survey they conducted, legal scholars Genn (U. College London) and Paterson (Strathclyde U.) analyze on the behavior of the public in Scotland in dealing with non-trivial justiciable civil problems and disputes, as potential pursuers or potential defenders. They include the widest range of events experienced by individuals as private people for which legal remedies are available under the civil justice system. Distributed in the US by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR

Guidelines for the Assessment of General Damages in Personal Injury Cases

Author : Judicial College
Publisher : OUP Oxford
ISBN 13 : 0191641847
Total Pages : 137 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Guidelines for the Assessment of General Damages in Personal Injury Cases by : Judicial College

Download or read book Guidelines for the Assessment of General Damages in Personal Injury Cases written by Judicial College and published by OUP Oxford. This book was released on 2012-09-20 with total page 137 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the standard reference work for general damages in personal injury claims, and essential reading for all those involved in the area of personal injury. The Guidelines are designed to provide a clear and logical framework for the assessment of general damages while leaving the discretion of the assessor unfettered, since every case must depend to a degree on its own facts. They provide an invaluable guide to all those involved in personal injury litigation. As with previous editions, all judges involved in hearing personal injury cases will automatically receive a copy of the book. This eleventh edition has been fully updated to take account of inflation and decisions made in the two years since the previous edition and includes a foreword written by The Right Honourable Dame Janet Smith DBE.

New Trends in Financing Civil Litigation in Europe

Author : Mark Tuil
Publisher : Edward Elgar Publishing
ISBN 13 : 1849808961
Total Pages : 221 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis New Trends in Financing Civil Litigation in Europe by : Mark Tuil

Download or read book New Trends in Financing Civil Litigation in Europe written by Mark Tuil and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique and timely book analyses the problem of financing civil litigation. The expert contributors discuss the legal possibilities and difficulties associated with several instruments - including cost shifting, fee arrangements, legal expense insurance and group litigation. The authors assess the impact of these instruments from a law and economics perspective and provide empirical information on the way in which they work in practice. A transatlantic perspective on financing civil litigation is also provided. New Trends in Financing Civil Litigation in Europe reveals that as well as improving access to justice, several instruments have the potential to screen cases based on their quality. The book also shows how the choice of instrument can affect the behaviour of actors throughout the litigation process.

Adult Protection and the Law in Scotland

Author : Nicola Smith
Publisher : Bloomsbury Publishing
ISBN 13 : 1780439660
Total Pages : 267 pages
Book Rating : 4.7/5 (84 download)

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Book Synopsis Adult Protection and the Law in Scotland by : Nicola Smith

Download or read book Adult Protection and the Law in Scotland written by Nicola Smith and published by Bloomsbury Publishing. This book was released on 2016-05-03 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adult Protection and the Law in Scotland provides a guide to the general principles of legislation in relation to adult protection. This updated text includes a new chapter on financial harm and abuse covering topics such as commercial debt, mis-selling products, insurance and loans. This title includes coverage of the Self Directed Support (Scotland) Act 2013 and Protection of Vulnerable Groups (Scotland) Act 2007, Public Services Reform (Scotland) Act 2010 including creation of Healthcare Improvement Scotland (HIS) and Care Inspectorate and the principles of the Self Directed Support Act. This title also covers Court Measures of Protection with practical information on preparation for adult protection hearings, drafting applications, addressing sheriffs, use of temporary orders, warrants for arrest and remedies for breach of orders including a new section on contempt of court.

Proposals for reform of civil litigation funding and costs in England and Wales

Author : Great Britain: Ministry of Justice
Publisher : The Stationery Office
ISBN 13 : 9780101794725
Total Pages : 108 pages
Book Rating : 4.7/5 (947 download)

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Book Synopsis Proposals for reform of civil litigation funding and costs in England and Wales by : Great Britain: Ministry of Justice

Download or read book Proposals for reform of civil litigation funding and costs in England and Wales written by Great Britain: Ministry of Justice and published by The Stationery Office. This book was released on 2010-11-15 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Lord Justice (Sir Rupert) Jackson's report, ’Review of Civil Litigation Costs: Final Report', (ISBN 9780117064041, January 2010 109 recommendations are put forward to promote access to justice at proportionate costs. This consultation sets out the proposals that the Government is taking forward as a priority. These include Sir Rupert's package of proposals on the reform of conditional fee agreements (CFAs) and on damages-based agreements (DBAs or ’contingency fees'). Sir Rupert also puts forward two alternative packages of recommendations should the primary recommendations not be implemented. These packages would introduce more rigorous control over the level of success fees and ATE insurance premiums that can be recovered from the losing side. The Government considers that the radical reform proposed in Sir Rupert's primary recommendation is needed, but these alternative measures are included in this consultation so that those responding can consider other options. This consultation also covers three other proposals from Sir Rupert's report. The first is to ensure proportionality of total costs. The second is allowing lawyers to enter into damages-based agreements (DBAs) with their clients in litigation before the courts. The use of these agreements is currently not permitted in litigation. However, the Government agrees with Sir Rupert that allowing DBAs would give litigants greater choice in deciding the most appropriate funding method for their case, and could increase access to justice for claimants if CFAs become less attractive. The third concerns increasing the hourly rate recoverable by a successful litigant in person.

No-Fault Approaches in the NHS

Author : Sonia Macleod
Publisher : Bloomsbury Publishing
ISBN 13 : 1509916679
Total Pages : 321 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis No-Fault Approaches in the NHS by : Sonia Macleod

Download or read book No-Fault Approaches in the NHS written by Sonia Macleod and published by Bloomsbury Publishing. This book was released on 2023-01-12 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how concerns can be raised about the NHS, why raising concerns hasn't always improved standards, and how a no-fault open culture approach could drive improvements. The book describes a wide range of mechanisms for raising concerns about the NHS, including complaints, the ombudsman, litigation, HSIB, and the major inquiries since 2000, across the various UK jurisdictions. The NHS approach is contextualised within the broader societal developments in dispute resolution, accountability, and regulation. The authors take a holistic view, and outline practical solutions for reforming how the NHS responds to problems. These should improve the situation for those raising concerns and for those working within the NHS, as well as providing cost savings. The no-fault approaches proposed in the book provide long-term sustainable solutions to systemic problems, which are particularly timely given the impact of the COVID-19 pandemic on the NHS. The book will be of interest to academics, researchers, ADR practitioners, practising lawyers, and policy makers.

Access to Justice

Author : Ellie Palmer
Publisher : Bloomsbury Publishing
ISBN 13 : 1849469342
Total Pages : 333 pages
Book Rating : 4.8/5 (494 download)

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Book Synopsis Access to Justice by : Ellie Palmer

Download or read book Access to Justice written by Ellie Palmer and published by Bloomsbury Publishing. This book was released on 2016-01-28 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building on a series of ESRC funded seminars, this edited collection of expert papers by academics and practitioners is concerned with access to civil and administrative justice in constitutional democracies, where, for the past decade governments have reassessed their priorities for funding legal services: embracing 'new technologies' that reconfigure the delivery and very concept of legal services; cutting legal aid budgets; and introducing putative cost-cutting measures for the administration of courts, tribunals and established systems for the delivery of legal advice and assistance. Without underplaying the future potential of technological innovation, or the need for a fair and rational system for the prioritisation and funding of legal services, the book questions whether the absolutist approach to the dictates of austerity and the promise of new technologies that have driven the Coalition Government's policy, can be squared with obligations to protect the fundamental right of access to justice, in the unwritten constitution of the United Kingdom.

Personal Injury and Wrongful Death Damages Calculations

Author : John O. Ward
Publisher : Emerald Group Publishing
ISBN 13 : 1848553021
Total Pages : 334 pages
Book Rating : 4.8/5 (485 download)

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Book Synopsis Personal Injury and Wrongful Death Damages Calculations by : John O. Ward

Download or read book Personal Injury and Wrongful Death Damages Calculations written by John O. Ward and published by Emerald Group Publishing. This book was released on 2009-10-22 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focuses on litigation damages, economic and non-economic, including punitive damages; their definitions, calculations, and assignments in the US and EU. This book examines areas of convergence and divergence in the academic and practical treatment of damages issues in the US and EU.

A Practical Guide to Ending Commercial Leases in Scotland

Author : Amir M Ismail
Publisher : Law Brief Publishing
ISBN 13 : 9781913715304
Total Pages : 96 pages
Book Rating : 4.7/5 (153 download)

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Book Synopsis A Practical Guide to Ending Commercial Leases in Scotland by : Amir M Ismail

Download or read book A Practical Guide to Ending Commercial Leases in Scotland written by Amir M Ismail and published by Law Brief Publishing. This book was released on 2021-02-23 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: The termination of a commercial Lease is something that needs to be approached with great caution and attention-to-detail. A failure to take account of essential/current law and practice could result in a significant claim against the solicitor(s) involved in the transaction, and the consequences for the Landlord or Tenant will be significant. A Practical Guide to Terminating Commercial Leases in Scotland is designed to be a concise, yet definitive, guide for solicitors and students alike. It encompasses a summary of relevant statutes and case law throughout, and covers both voluntary termination and involuntary termination alike. The book covers: Constitution of a Lease - the essential elements required by Scots Law in order to create a Lease; Break Options - including a detailed analysis of essential cases on service, correct recipients, notice periods, conditionality, apportionment of rent, and errors of content; Irritancy - including a detailed analysis of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985, and leading cases thereto, on both monetary and non-monetary breaches; Automatic termination (including separate chapters on both confusio and rei interitus); Voluntary termination (Renunciation); and Termination at Natural Expiry and the impact of tacit relocation (including statutory protection and a detailed analysis of the leading cases in this often complex and detailed area of law).

Third-Party Funding in International Arbitration

Author : Lisa Bench Nieuwveld
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041161120
Total Pages : 363 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Third-Party Funding in International Arbitration by : Lisa Bench Nieuwveld

Download or read book Third-Party Funding in International Arbitration written by Lisa Bench Nieuwveld and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the first edition of this invaluable book in 2012, third-party funding has become more mainstream in international arbitration practice. However, since even the existence of a third-party funding agreement in a dispute is often kept secret, it can be difficult to glean the specifics of successful funding agreements. This welcome book, now updated, expertly reveals the nuances of third-party funding in international arbitration, examines the phenomenon in key jurisdictions, and provides a reliable resource for users and potential users that may wish to tap into and make use of this distinctive funding tool. Focusing on Australia, the United Kingdom, the United States, Germany, the Netherlands, Canada, and South Africa, the authors analyze and assess the legal regime based upon legislation, judicial opinions, ethics opinions, and practitioner anecdotes describing the state of third-party funding in each jurisdiction. In addition to updating summaries of the law of the various jurisdictions, the second edition includes a new chapter addressing third-party funding in investor-state arbitration. Among the issues raised and examined are the following: · payment of adverse costs; · “Before-the-Event” (BTE) and “After-the-Event” (ATE) insurance; · attorney financing: pro bono representation, contingency representation, conditional fee arrangements; · loans; · ethical doctrines affecting the third-party funding industry; · possible future bundling, securitization, and trading of legal claims; · risk that the funder may put its own interests ahead of the client’s interests; and · whether the existence of a funding agreement must or should be disclosed to the decision maker. The second edition also includes discussion of recent institutional developments as they relate to third-party funding, including the work of the ICCA-Queen Mary Task Force on Third-Party Funding and how third-party funding is being incorporated into arbitral rules and investment treaties. Ably providing a thorough understanding of what third-party funding entails and what legal parameters exist, this book will be of compelling interest to parties aiming to take advantage of the high values, speed, reduced evidentiary costs, outcome predictability, industry expertise, and high award enforceability characteristic of the third-party funding arrangements available in international arbitration.

Sheriff Court Practice

Author : I. D. MacPhail
Publisher :
ISBN 13 : 9780414008250
Total Pages : 1038 pages
Book Rating : 4.0/5 (82 download)

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Book Synopsis Sheriff Court Practice by : I. D. MacPhail

Download or read book Sheriff Court Practice written by I. D. MacPhail and published by . This book was released on 1988-01-01 with total page 1038 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Personal Injury: Practice & Procedure

Author : Martha Warren
Publisher : Routledge
ISBN 13 : 1135352046
Total Pages : 187 pages
Book Rating : 4.1/5 (353 download)

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Book Synopsis Personal Injury: Practice & Procedure by : Martha Warren

Download or read book Personal Injury: Practice & Procedure written by Martha Warren and published by Routledge. This book was released on 2012-10-02 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: Accidents and liability recognise no geographical boundaries. This jurisdiction by jurisdiction approach to personal injury systems in the 15 key counties reflects the mobility within the wider Europe of citizens working and visiting in even greater numbers in adjacent counties and the consequent cross border demand for advice and guidance. Whether instructed in a matter or responding to a request for initial advice,this book provides sound guidance for the personal injury practitioner explaining the procedural and tactical stages in the respective jurisdictions.