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APIL Personal Injury Law, Practice and Precedents
FeaturesThis work is designed and written by leading claimant lawyers, both past presidents of APIL, with a team of specialist contributors. The result is a comprehensive work providing the claimant lawyer with an armoury of information on all aspects of PI practice, which will help you ensure the best possible outcome for the victims of accidents.Law - the basis of liability for each of the major types of personal injury actions is examined in detail by leading practitioners in the field, together with a thorough examination of the law relating to limitations, damages, funding and costs. A library of up-to-date legislation relevant to PI practice is included. Practice - practice and procedure relating to PI claims is set out in detail and in context, with particular emphasis placed on the needs of claimant lawyers, along with relevant extracts from the Civil Procedure Rules. Precedents - model letters and statements, pleadings and applications, as well as schedules of loss are included, giving the practitioner an invaluable library of time-saving precedents, each carefully drafted by experts. This major new work comes in two volumes, along with a CD-ROM containing all the precedents, and will be updated on average three times a year, keeping you completely up-to-date with the latest developments in law and practice. APIL Personal Injury Law, Practice and Precedents is supplemented six times a year by a regular Bulletin in both hard copy and online formats. Written by David Marshall and Jackie Spinks and the PI Department at Anthony Gold Solicitors, it provides analysis of the latest cases, statutory and other developments relevant to PI practice, and is cross-referenced to the main work. ContentsPart A – LAW AND LIABILITY
PART B – LIMITATION
PART C – DAMAGES
PART D – FUNDING
PART E – COSTS
PART F – RUNNING THE CASE
PART G – PRECEDENTS
PART H – STATUTORY MATERIALS
PART I – STATUTORY MATERIALS
Author informationGeneral Editors David Marshall, Managing Partner, Anthony Gold; and APIL Past President
Contributors Simon Allen, Partner, Russell Jones & Walker
Complete list of precedentsG1 Model LettersClient [1] Letter to client - initial client care [2] Letter to client - client's witness statement [3] Client questionnaire - expenses, losses and care needs [4] Letter to client - disclosure obligations [5] Letter to client - medical examination by defendant's expert [6] Authority to obtain medical records [7] Letter to client enclosing medical report [8] Letter to client advising issue of proceedings against defendant(s) [9] Authority to commence proceedings [10] Letter to client enclosing particulars of claim [11] Letter to client - allocation and direction by court [12] Letter to client - timetable for case (fast track) [13] Letter to client - timetable for case (multi track) [14] Letter to client - trial dates [15] Letter to client enclosing statement of costs to date [16] Letter to client with details of proposed offer to defendant [17] Letter to client - defendant's offer to settle (not Part 36/payment into court) [18] Letter to client advising of defendant's Part 36 Offer/payment into court when using optional Part 36 clause in Law Society Model CFA and ATE insurance/union will meet defendant's costs [19] Letter to client advising of defendant's Part 36 Offer/payment into court when using standard Part 36 clause in Law Society Model CFA and client is responsible for own and defendant's cost [20] Letter to client enclosing award of damages [21] Letter to client advising on means tested benefits and personal injury trusts Defendants [22] Letter of claim - road traffic accident [23] Letter of claim - road traffic accident (bus) [24] Letter of claim - tripping accident [25] Letter of claim - accident at work [26] Letter of claim - occupational disease case [27] Letter to defendant - pre-action disclosure [28] Letter to defendant - mutual simultaneous exchange of witness statements [29] Letter to defendant serving proceedings [30] Letter to defendant serving list of documents [31] Letter to defendant enclosing medical report (including schedule of loss) [32] Letter to defendant enclosing pre-trial checklist [33] Letter to defendant enclosing trial bundle [34] Letter to defendant: Civil Evidence Act notice [35] Letter to defendants - Part 36 Offer Experts [36] Letter of instruction - rehabilitation provider [37] Letter of instruction - road traffic accident photographer [38] Letter of instruction - medical expert [39] Letter of instruction - employment consultant [40] Letter of instruction - care consultant [41] Letter to doctor - discussion with defendant's expert [42] Letter to doctor - trial timetable Lay witnesses [43] Letter to witness [44] Letter to witness - trial date availability [45] Letter to witness - trial date and summons Investigations [46] Letter to employer requesting details of employee's earnings [47] Letter to employer requesting details of employee's pension [48] Letter to GP requesting medical records [49] Letter to hospital requesting medical records [50] Letter to Inland Revenue requesting details of client's employment history [51] Letter to Inland Revenue requesting details of client's National Insurance contributions [51A] Letter to Inland Revenue requesting details of client's employment histories: Special Section A [52] Letter to Compensation Recovery Unit [53] Letter to Driver and Vehicle Licensing Authority (DVLA) [54] Letter to Police requesting police report [55] Letter to Health and Safety Representative at client's place of work G2 StatementWitness statement G3 Pleadings[1] Introduction [2] Model pleading Sample Pleadings [3] Manual handling [4] Lifting operations [5] Personal protective equipment [6] Work equipment [7] Workplace trip [8] Asbestos - fatal [9] Asbestos - fatal reply [10] Asbestos - pleural plaques [11] Asbestos - mesothelioma [12] Industrial deafness [13] Stress [14] Road traffic accident - child pedestrian [15] Road traffic accident - collision with cyclist [16] Road traffic accident - emergency services [17] Road traffic accident - junction [18] Road traffic accident - previous conviction [19] Road traffic accident - passenger, traffic lights [20] Road traffic accident - rear-end shunt [21] Passenger on bus [22] Road traffic accident - claim against insurer [23] Road traffic accident - uninsured driver/Motor Insurers' Bureau [24] Highway - ice and snow [25] Highway - obstruction [26] Highway - tripper, failed reinstatement [27] Highway - tripper, unguarded excavation [28] Defective premises [29] Occupiers' liability - trip [30] Product liability - manufacturer [31] Product liability - retailer [32] Fatal accident - adult male [33] Fatal accident - child pedestrian [34] Fatal accident - mother's services [35] Part 18 request [36] Part 18 reply [37] Liability admitted pre-action [38] Limitation - reply G4 Applications[1] Application notice - pre-action disclosure [2] Draft order - pre-action disclosure [3] Application to enter judgment in default (Form N227) [4] Application notice - summary judgment [5] Draft order - summary judgment [6] Fast track directions [7] Multi track directions (standard HC - Form PF 52) [8] Application notice - Part 18 request [9] Draft order - Part 18 request [10] Application notice - list of documents [11] Draft order - list of documents [12] Application notice - inspection of documents [13] Draft order - inspection of documents [14] Application notice - exchange of statements/reports [15] Draft order - exchange of statements/reports [16] Application notice - interim payment [17] Draft order - interim payment [18] Application notice - increase in limit/transfer to the multi-track [19] Draft order - increase in limit/transfer to the multi-track [20] Application notice - extend trial window [21] Draft order - extend trial window [22] Allocation questionnaire (Form N150) [23] Pre-trial checklist (Form N170) [24] Application notice - Part 8 infant settlement [25] Draft order - pre- or post-issue infant settlement G5 Schedules of LossSpecimen schedule of loss (simple case) G6 Instructions to CounselSpecimen Instructions to Counsel |
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