GUIDELINES FOR THE ASSESSMENT OF GENERAL DAMAGES IN PERSONAL INJURY CASES JSB GUIDELINES FOR THE ASSESSMENT OF GENERAL DAMAGES IN PERSONAL INJURY CASES

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Guidelines For The Assessment Of General Damages In Personal Injury Cases

Author : Judicial Studies Board,
ISBN : 019959533X
Genre : Law
File Size : 77.17 MB
Format : PDF
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These Guidelines are acknowledged as a key source of reference for the judiciary, for personal injury law practitioners, and for professionals in related areas such as insurance. Now in their tenth edition, they can be relied upon as being fully up-to-date and in line with all recent awards and practice.
Category: Law

Guidelines For The Assessment Of General Damages In Personal Injury Cases

Author : Judicial College
ISBN : 019875762X
Genre :
File Size : 67.35 MB
Format : PDF, Kindle
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The Guidelines for the Assessment of General Damages are designed to provide a clear and logical framework for the assessment of damages in personal injury cases. The first edition of this title was regarded as a landmark in personal injury practice. Each succeeding issue has built on this reputation and the book has now firmly established itself as essential reading for all those involved in the area of personal injury litigation. This new edition has been fully updated to take into account inflation since the last edition as well as reflect decisions of the higher courts on quantum. It also continues to include an additional column of figures indicating the 10% uplift in general damages recommended by Sir Rupert Jackson and endorsed by the Court of Appeal in Simmons v Castle [2012] EWCA Civ 1288. As with previous editions, all judges involved in hearing personal injury cases will automatically receive a copy of the book.
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Guidelines For The Assessment Of General Damages In Personal Injury Cases In Northern Ireland

Author :
ISBN : 0853898197
Genre : Compensation (Law)
File Size : 54.95 MB
Format : PDF, Docs
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The Judicial Studies Board for Northern Ireland has continued to update the position in relation to assessment of damages in Northern Ireland and this second edition of The Green Book is the result of the work carried out by a committee chaired by Lord Justice McCollum. The guideline figures are based on what are believed to be the rates currently used in negotiation and settlement of claims. The injury classifications are: injuries involving paralysis; orthopaedic injuries; head injuries; facial injuries; psychiatric damage; scarring to other parts of the body; injuries affecting the senses; damages to hair; injuries to internal organs; and dermatitis.
Category: Compensation (Law)

Guidelines For The Assessment Of General Damages In Personal Injury Cases

Author : Richard Wilkinson
ISBN : 0198814526
Genre : Law
File Size : 65.8 MB
Format : PDF, ePub, Docs
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The Guidelines for the Assessment of General Damages are designed to provide a clear and logical framework for the assessment of damages in personal injury cases. The first edition of this title was regarded as a landmark in personal injury practice. Each succeeding issue has built on this reputation and the book has now firmly established itself as essential reading for all those involved in the area of personal injury litigation. This new edition has been fully updated to take into account inflation since the last edition as well as reflect decisions of the higher courts on quantum. It also includes a column of figures appropriate to those claims, still coming before the courts in substantial number, in which the 10% uplift in general damages recommended by Sir Rupert Jackson and endorsed by the Court of Appeal in Simmons v Castle [2012] EWCA Civ 1288 does not apply. As with previous editions, all judges involved in hearing personal injury cases will automatically receive a copy of the book.
Category: Law

Personal Injury And Wrongful Death Damages Calculations

Author : John O. Ward
ISBN : 9781848553026
Genre : Business & Economics
File Size : 47.20 MB
Format : PDF, Mobi
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The volume focuses on litigation damages, economic and non-economic, including punitive damages; their definitions, calculations, and assignments in the US and EU. The objective is to examine areas of convergence and divergence in the academic and practical treatment of damages issues in the US and EU. Many of the chapters in the volume are drawn from the papers and discussions generated at the Trans-Atlantic Dialogue meetings of the National Association of Forensic Economics that began in Edinburgh, Scotland, in 2004. That meeting focused on the development of the 'Ogden' multipliers for calculating damages mandated for consideration by UK Courts in 1999. The 2005 meetings (Dublin, Ireland) centred on Markov methodologies used in the US for generating work-life tables and their adoption into damages multipliers, punitive damages, and the process of Irish tort reform. In 2006 discussions in Florence, Italy, focused on methods for calculating non-economic damages in the US and EU as well as the process of harmonization of tort law within the EU. Most recently, the 2007 discussions in Barcelona, Spain, dealt with comparisons of scheduled damages systems in the US and the EU.
Category: Business & Economics

Guidelines For The Assessment Of General Damages In Personal Injury Cases

Author : Judicial College
ISBN : 9780191641848
Genre : Law
File Size : 69.19 MB
Format : PDF, ePub
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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.
Category: Law

Post Traumatic Stress Disorder And The Law

Author : Trevor Hicks
ISBN : 158112208X
Genre : Law
File Size : 78.75 MB
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'Nervous shock' cases form an area of law, which illustrates well the operation of judicial policy. It is possible from such cases to trace the changing attitudes of lawyers, doctors and of society in general to psychiatric injury over the last century. These cases also highlight the changing judicial attitudes to the scope of duty of care and to the whole issue of policy decisions. The recognition of nervous shock similarly illustrates the development of medical knowledge in relation to psychiatric injury. The recognition of Post traumatic Stress Syndrome (PTSD) has been a relatively new and controversial phenomenon and this disorder has now been incorporated into the various classifications of mental disorder as a recognisable psychiatric illness. This book examines the development of the law and medical knowledge in relation to cases of nervous shock and in particular to PTSD. The expansion and subsequent contraction of liability is shown to be dynamic in nature, as both legal and medical knowledge have increased. The intention of this book is to provide a concise review of the law comparing it to current medical knowledge in relation to PTSD. The book is intended to be of use to professionals involved in psychiatric injury cases who require an up to date understanding of PTSD.
Category: Law

Review Of Civil Litigation Costs

Author : Rupert M. Jackson
ISBN : 0117064033
Genre : Actions and defenses
File Size : 24.2 MB
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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 and to make recommendations in order to promote access to justice at proportionate cost. Sir Rupert's preliminary report, published in May 2009, is the product of fact-finding, research and investigations over a four-month period and serves to establish: how present costs rules operate and how they impact on the behaviour of both parties and lawyers; the effect case management procedures have on costs and whether changes in process could bring about more proportionate costs; a comparison for the costs regime for England and Wales with those operating in other jurisdictions. This report was published online in May 2009, beginning a period of consultation. The final report (ISBN 9780117064041) is released alongside this printed version of the preliminary report and contains extensive cross-references to it.
Category: Actions and defenses

Personal Injury Awards In Eu And Efta Countries

Author : David McIntosh
ISBN : 9789041120090
Genre : Law
File Size : 31.37 MB
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Following the success of our previous two reports relating to 'Personal Injury Awards in EU and EFTA Countries' we have undertaken some further research to produce a third edition. The report provides a guide to an understanding of the personal injury awards system in both the European Union (EU) and European Free Trading Area (EFTA), and looks at the changes that have taken place over the past 12 years. The research compares the levels of compensation awarded to individuals within the member states and sets out recommendations from our experts for future procedures. We have used schedules, tables, graphs and commentary in the report to demonstrate our findings of each country's method of calculation and the compensation levels which could be expected by two types of hypothetical victim. The information provides a comparison of levels of compensation awarded for personal injury in each of these member countries. As yet, no provision has been made for harmonization of levels of awards in the EC and there are no draft directives or intended draft directives aimed at bringing about uniformity. Research shows that compensation awards vary considerably from country to country, which has an obvious bearing on legal advice to clients concerning where claims should be heard. Levels of award everywhere are influenced by the age and financial status of the injured party, but such factors are weighted differently in each country. In addition, awards for any one type of injury vary between jurisdictions. In order to offer a client the best possible advice on where to sue; a lawyer must be able to compare the levels of awards in the various countries. Large discrepancies between Italian and French awards are revealed as a consequence of the tragic Mont Blanc tunnel fire: Italian awards in fatal cases, depending on the personal status of the victim, are 3-4 times higher than the equivalent French awards. The text covers 20 jurisdictions, including a separate section on Scotland. It looks in detail at the methods of calculation in each member state by reference to schedules, tables, graphs and commentary on each country's system and the compensation levels which could be expected by two types of hypothetical victim. Potential awards to a married male doctor with two children are compared with those to an unmarried female legal secretary for 14 types of injury in each of these countries. For example, an unmarried female legal secretary with an injury that results in blindness will collect £ 610,469 in Italy, which is the largest award for that injury in the EU, and £100,000 in Austria, which is one of the smallest. If the legal secretary died, she'd be worth 140 times more in Italy than in England. In striving for improvement we have added: Exchange rate analyses and inflation comparisons across Europe. Further categories of common injuries, namely, deafness, the concept of repetitive strain for several EU and EFTA countries and a schedule for stress (for England and Wales only). Block graphs to cover more injuries rather than the limited selection produced in the edition. An analysis of the changes which have taken place since the original survey and the survey for the second edition (1994) were carried out.
Category: Law

Compensating Asbestos Victims

Author : Andrea Boggio
ISBN : 9781317162940
Genre : Law
File Size : 40.64 MB
Format : PDF, Mobi
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This book traces the emergence and transformations of asbestos compensation to explore the wider issue of to what extent legal systems have converged in the era of globalization. Examining the mechanism by which asbestos compensation is delivered in Belgium, England, Italy and the United States, as well as the cultural forces and actors which contribute to its emergence and transformations, the book advances our understanding of how law operates within cultural norms, routines, and institutional relations of capitalist societies. With material gathered from 50 interviews and from primary and secondary sources, the author considers law as a cultural phenomenon, national styles of legal culture and the convergence and divergence of legal cultures, and law as a form of institutionalized power.
Category: Law