APIL Personal Injury Law, Practice and Precedents

Authors David Marshall and Frances McCarthy
Publisher Jordan Publishing
Product APIL Personal Injury Law, Practice and Precedents Looseleaf+CD    
Service 4 updates p.a. at approx. £130 per update

Features

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 and forthcoming

  • 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
  • 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.

CD-ROM

The CD-ROM contains fillable Word documents of Model Letters; Statement; Pleadings; Applications and Orders; Schedules of Loss; and Instructions to Counsel.

Contents

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

Author information

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

Paul Balen, Partner, Freeth Cartwright LLP

Margaret Bickford-Smith QC, Crown Office Chambers

Lynne Bradey, Partner, Wrigleys Solicitors

Ben Bradley, Barrister, Outer Temple Chambers

Nick Brown, Barrister, Doughty Street Chambers

David Coldrick, Consultant, Wrigleys Solicitors

Richard Copnall, Barrister, Park Lane Plowden Chambers

Richard Cropper, IFO, Personal Financial Planning

John Eames, Barrister; Judge of the First-tier Tribunal (Social Entitlement Chamber)

Gordon Exall, Barrister, Zenith Chambers

Jack Ferro, Crown Office 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, Head of ELPL & Occupational Illness, NewLaw Solicitors, Cardiff

Malcolm Johnson, Senior Solicitor, Blake Lapthorn

Terry Lee, Consultant, Russell-Cooke Solicitors

Christopher Limb, Barrister, 18 St John Street Chambers, Manchester

John McQuater, Head of Personal Injury, Atherton Godfrey

Jan Markland, Partner, Augustines Injury Law

Andrew Morgan, Partner, Field Fisher Waterhouse LLP

Daniel Neill, Barrister, Guildhall Chambers

Robin Oppenheim QC, Barrister, Doughty Street Chambers

Matthew Porter Bryant, Barrister, Guildhall Chambers

John Snell, Barrister, Guildhall Chambers

Paula Sparks, Barrister, Doughty Street Chambers

Jackie Spinks, Partner, Anthony Gold

Abigail Stamp, Barrister, Guildhall Chambers

Tim Wallis, Mediator and Solicitor, Trust Mediation and Expedite Resolution

Marcus Weatherby, Partner, Pattinson & Brewer

John Webster, Partner, Augustines Injury Law

Mark Whalan, Barrister, 9 Gough Square

Henry Witcomb, Barrister, 1 Crown Office Row