Personal Injury and Clinical Negligence Litigation

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Personal-Injury-and-Clinical-Negligence-Litigation-Config

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.

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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.

Contents

  • The Work of a Personal Injury and Clinical Negligence Solicitor
  • Personal Injury and Clinical Negligence Terminology
  • Road Traffic and other Highway Claims: The Law
  • Employers’ Liability Claims: The Law
  • Clinical Negligence: The Law
  • Claims for Psychiatric Injury
  • Limitation of Actions
  • The First Interview
  • Methods of Funding and Qualified One-Way Costs Shifting
  • Investigating the Claim and Preliminary Steps
  • Instructing Experts
  • Commencement of Proceedings
  • Case Management and Interim Applications
  • Negotiations, ADR and Trial
  • The Quantification of Damages
  • Recovery of Benefits and NHS Charges
  • Post-death Investigations
  • Fatal Accident Claims – Procedure and Quantification
  • Criminal Injuries Compensation Authority
  • Claims on Behalf of Children and Protected Parties
  • Pre-action Protocols for Low Value RTA, EL and PL Claims
  • Appendices

Louise Marriott is a Senior Lecturer at the University of Law in London and previously practised as a personal injury litigation solicitor.

This book is part of a series of study manuals that have been specially designed to cover content for students studying Key Practice Areas on the LLM Legal Practice (SQE1&2). Published and updated regularly, these user-friendly study manuals are designed to help you successfully acquire knowledge and understanding of the foundational law of England & Wales.

Each title is designed to operate as a study manual, rather than solely a textbook. This means that understanding of the subject is developed using worked examples and activities.
For students only at The University of Law, the study manuals are used alongside other learning resources to prepare students not only for achievement of an academic qualification, but also for a future life in professional legal practice.

  • Print: 978-1-914219-81-8
  • Pages: 506

*Please note delivery of this study manual will take up to 2 working weeks.

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