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Every day, people get injured, often by accidents where no one is to blame. However, sometimes injuries happen because someone else - a person or an organisation - is at fault. These personal injuries can lead to compensation, particularly if the injury is life changing. Usually, people only experience one significant injury that leads to a personal injury claim in their lifetime. So, for most, dealing with a claim is unfamiliar and stressful, especially when they're already coping with the injury. This guide aims to explain the legal process and help injured individuals (and their loved ones) understand what to expect. Aimed at members of the public in England and Wales, this guide contains authoritative, impartial advice to enable individuals to understand and participate in their personal injury claim with confidence. The guide aims to: - Help you understand the legal process, what to expect, and your role. - Assist you in building a clear and reasonable claim, maximising the prospect that you will receive a reasonable compensation settlement. - Guide you in choosing the right representatives, assessing their service, identifying and addressing problems early, and replacing advisors if needed. It is written by a highly regarded specialist barrister with 30 years experience and is aimed at making the claims process less stressful whilst promoting fairer, quicker and more cost-effective settlements.
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.
This is the second edition of the popular 'Beaumont on Barristers - A Guide to Defending Disciplinary Proceedings', which remains the only publication to examine professional disciplinary proceedings against barristers from the perspective of the defence. It is a significant, learned, but also user-friendly addition to the library of those involved in such proceedings, whether as advisers, advocates, BTAS tribunal members, appeal judges or protagonists. This second edition covers significant case-law in the period 2020 to June 2024 and contains a new chapter on investigations within Barristers' Chambers. Since 2006, the investigation and prosecution of barristers, has been undertaken by a body independent of the Bar Council - the Bar Standards Board. By the Legal Services Act 2007, the Bar Council (and so the BSB) gained statutory legitimacy as the regulator of barristers. Since then, there has been an unprecedented growth in litigation involving the BSB. The replacement of the Visitors to the Inns of Court with a right of appeal to the High Court by the Crime and Courts Act 2013, has led to a series of important High Court judgments. The author begins by describing the traumatic and disruptive effect of disciplinary proceedings. He advises on the best approaches to a BSB investigation and examines the concept of 'professional misconduct' and the regulatory scheme. There is a seasoned advocate's deconstruction of disciplinary trial preparation and conduct. The approach to sanctions is given distinct treatment, before a unique chapter on 'Barristers and Human Rights', examining the impact of ECHR Articles, 6, 8 and 10 on barrister discipline, including on social media and private life. Other chapters cover costs, disposal by consent, appeals to the Administrative Court, defending complaints made to the Legal Ombudsman and a new chapter on investigations within Chambers. The final chapter, now a lesson from history, charts the effective collapse of the Bar's system of discipline, leading to the creation of the Bar Tribunals and Adjudication Service from 2014. This highly original book, which draws on unreported case law, takes an area of law that is misunderstood and stigmatised and elevates it to the level of a respectable legal specialism, whilst being both the reader's friend and guide. ABOUT THE AUTHOR Marc Beaumont has practised at the Bar of England and Wales for 39 years. He specialises in professional disciplinary law, defending barristers, solicitors, surveyors and other professionals against investigations and prosecutions brought by their regulators.
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.
So much has changed in the legal costs field, particularly in the field of personal injury cases. The rules on recovery of legal costs have been through extensive reform. There are new fixed costs regimes and changes to procedure. There is so much to absorb. This book is the essential guide to the issues that frequently recur when dealing with costs in personal injury cases, and it addresses those issues without being weighed down by the more arcane and obscure points of costs law. It is a refreshing and light hands-on guide for personal injury solicitors, insurers, barristers, costs professionals and judges who want to or have to deal with costs issues themselves. The necessary information is laid out clearly and accessibly. When faced with another costs argument and you need an explanation, an answer, or instructions - this is the book for you.
A school exclusion is a sanction of last resort that can adversely impact a pupil's life outcomes for many years after the event. The law relating to school exclusions is a complex tangle of public and regulatory law, anti-discrimination and human rights, statutory guidance, and (in relation to independent schools) principles of commercial contract and tort. It can be very difficult to know where to start, whether challenging a decision to exclude or defending one. This book offers a practical guide to the law, and will serve as a useful source of reference for pupils and their parents, head teachers, governing boards of schools, local authorities and practitioners in this surprisingly complex and multidisciplinary area. ABOUT THE AUTHORS Charlotte Hadfield is the head of 3PB Barristers' (3 Paper Buildings) Education Team. She is a specialist in all areas of law related to education, including health, social care and employment law, and has a particular interest in exclusion and discrimination. She is listed in the Legal 500 and Chambers & Partners as a leading junior in education law. Charlotte's first introduction to education law was as a clerk for independent appeal (now review) panels. She represents excluded pupils, their parents, governing boards and local authorities before independent review panels, in the First-tier Tribunal and the County Court in claims for discrimination and breach of contract, and in the Administrative Court in judicial review proceedings. Charlotte has also appeared in education-related appeals before the Upper Tribunal and the Court of Appeal. Her clients appreciate her approachability, pragmatism and user-friendly advice in conference, and her knowledge, experience and attention to detail in hearings. Charlotte has delivered training on all aspects of education law to a variety of audiences, including parents, schools, local authorities, expert witnesses and lawyers. Alice de Coverley is a specialist education, equality, inquiries and public law barrister with 3PB Barristers (3 Paper Buildings). She regularly acts on behalf of children and young people, vulnerable adults, parents and carers, schools, local authorities, charities and NGOs, government departments including Ofsted, students, and universities. Alice has been challenging unlawful exclusion practices since she was at law school, when she was the Chief Director of the award-winning pro bono unit, the "School Exclusion Project". In 2012 the School Exclusion Project won the 'Bar Pro Bono Award'. In 2014 the School Exclusion Project was runner up in the Attorney General LawWorks Pro Bono Awards for 'Best Contribution by a Team of Students'. Alice has also helped to create a number of BBC Radio 4 programmes about school exclusions. She is also newly listed this year in both the Legal 500 and Chambers & Partners.
It's late. You're tired. After a long day, you just want to be home in time for dinner. As you enter an intersection, a truck barrels through a stop sign, smashing into your passenger side. Within seconds, every plan is changed, every project delayed, and every concern you had before this moment overshadowed by an uncertain future. Following hours in the hospital and a wrecked car awaiting insurance-approved repairs, you're stuck. You're mad. And you're starting to think that you'll never recover-in more ways than one. In Not a Good Neighbor, injury lawyer Brian LaBovick shows you how to navigate the paperwork and pitfalls of an automobile accident case. Brian shares stories from nearly three decades in practice to help you maximize benefits in this often complicated process. Learn the ins and outs of auto accident insurance and ways to increase your settlement with the strategies you need to attain the money you deserve. In today's world, insurance alone cannot protect you. Learn how to protect yourself and fight for fairness so you're never a victim again.
The Landlord and Tenant Act 1954 is by far the most important piece of legislation affecting premises occupied for business purposes. A good understanding of the workings of the Act is vital for anyone advising landlords or tenants of business premises. The authors of this guide are both experienced barristers with expertise in the field. Their aim has been to produce a comprehensive, one-stop-shop, practical guide to the 1954 Act and associated areas of practice covering (amongst other topics): When the Act applies How to contract out of the Act How claims for a new tenancy (or termination) are brought, together with detailed guidance as to the court procedures required by the Civil Procedure Rules Detailed practical guidance to all the grounds on which a landlord may seek to resist a claim for a new tenancy, with treatment of recent case law and Guidance as to the technical area of claims for an interim rent Notices under the Act and guidance in relation to service The terms of a new tenancy Claims for compensation for improvements under the Landlord and Tenant Act 1927 Dilapidations Termination at common law This book is likely to be an invaluable guide for solicitors, barristers or surveyors working in this area. CHANGES SINCE THE FIRST EDITION The text since the first edition has been reviewed and fully updated. The chapters on Ground F and Ground G have been revised to reflect the important Supreme Court decision in S Franses Ltd v Cavendish Hotel (London) Ltd [2018] UKSC 62. The chapter on contracting out of the provisions of sections 24 to 28 of the Landlord and Tenant Act 1954 now includes a discussion of TFS Stores Ltd v Designer Retail Outlet Centres (Mansfield) General Partner Ltd [2021] EWCA Civ 688. The chapter on forfeiture has been significantly amended to include recent developments in the law, including the Court of Appeal decisions in Faiz v Burnley BC [2021] EWCA Civ 55 and Brar v Thirunavukkrasu [2019] EWCA Civ 2032. The decision in Fast Drinks Ltd v Cetyl International Group Inc [2016] EWHC 3501 (QB) on the validity of Section 26 notices has been incorporated. Throughout, the authors have included reference to recent High Court and other first instance or appellate decisions since the first edition, as well as revising and clarifying other parts of the text to reflect the new authorship team.
Disputes over control of a body or ashes, and the arrangements for funerals or headstones/memorials are not encountered on a daily basis in practice, but when they do appear, it is usually at the 11th hour, with clients needing advice at very short notice due to imminent burials or cremations. This practical guide aims to provide the busy practitioner with the knowledge required to provide advice so that the necessary steps can be taken quickly. The book covers the issues of who has the right to call for possession of the body, who can decide as to where bodies should be buried, ashes scatter or interred, and who has the final say over gravestones or memorials. ABOUT THE AUTHOR Nicola Phillipson TEP is a private client barrister at Parklane Plowden Chambers in Leeds whose practice encompasses probate and inheritance disputes. Nicola also sits as a Recorder and a Deputy District Judge on the North Eastern Circuit, and is a full member of STEP (Society of Trusts and Estate Practitioners). In 2020 Nicola was recognised as a Leading Junior by Legal 500 and was ranked in Band 2 in Chambers and Partners. CONTENTS Introduction 1. Possession of the Body 2. The Duty to Properly Dispose of a Body 3. Applications to the Court (Practice and Procedure) 4. Applications to the Court (Factors for the Court to Consider) 5. Funeral and Disposal Disputes 6. Ashes and Cremation 7. Exhumation of Bodies and Ashes 8. Headstones and Memorials 9. Costs