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Fixed costs in personal injury do not always provide the clarity that may be hoped for. Even if your case is a straightforward one, this book will ensure you correctly calculate the fixed costs payable in claims that start life under the various protocols and portals for road traffic accidents, employers and public liability claims and travel sickness claims, whether they remain in the portal or exit it. The book will bring together in one place important rules scattered across the Civil Procedure Rules from the Protocols, Part 36, Part 44 and Part 45 Sections III and IIIA as well as supporting case law. The book will help you know if a point has been determined or only been dealt with in the County Court. As well as helping with which points remain arguable, the book will also help identify the arguments that may be deployed for each side, pending any binding authority. ABOUT THE AUTHOR Alexander Mellis is a barrister at No5 Chambers, specialising in personal injury work. He acts for both claimants and defendants at multi-track and fast-track level. Alexander is regularly in trial as well as undertaking the usual array of interim and case & costs management hearings, with resulting experience of the costs issues that can arise from cases that start as fixed costs cases.
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.
This text provides a concise explanation on the law and practice of the regime in litigation funding. Offering guidance as to how to make the regime work in practice, this practical book contains commentary by one of the most respected practitioners in the field.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
It's two decades since the CPR came in. Costs are now fixed; many of the problems with costs are fixed; but costs law is anything but simple. There is so much you need to know. This book is the place to start. It's an everyday guide to the everyday issues, with each point covered in a bitesize format. Don't know how the rules apply in the circumstances of your claim? Find it here. Can't remember the name of that key case? Find it here. Need a quick guide on the law in a specific area? Find it here. The book is rich in expert insight into the way that costs claims work. It is a more accessible and streamlined practitioner's handbook than other costs textbooks on the market, and also seeks to set itself apart by trying to give useful guidance on those difficult remaining topics on which the law does not yet give certainty. The first half of the book deals with the fixed costs regime in detail. The later chapters deal with costs procedure and detailed assessment, all laden with practical tips for all parties so as to get to the right or the best result as soon as possible. The book is aimed particularly at those working in personal injury claims, but also offers invaluable insight to the way fixed costs work for the wider civil litigation community. We all know an expansion of fixed costs will come, and those who are ready will be most likely to thrive. ABOUT THE AUTHOR Matthew Hoe is a solicitor and advocate, and director of dispute resolution at national firm Taylor Rose TTKW. He has specialised in legal costs for almost 17 years. He has acted in some of the major costs cases of the last decade, including most recently cases such as Bamrah v Gempride on misconduct in assessment proceedings, Hislop v Perde on late Part 36 acceptance in fixed costs cases, Cham v Aldred on counsel's fees in fixed costs cases and Adelekun v Ho on contracting out of fixed costs. Outside of work, Matthew watches far too much YouTube and enjoys fixing broken electronics and general tinkering with computers. He lives with his family near Peterborough.
A clear but comprehensive guide to road traffic accident personal injury claims. Covers issues in relation to RTA claims dealing with such issues as the portal, fixed costs, liability, indemnity, vicarious liability, causation, litigation tactics, investigating quantum, vehicle related damages and head of special damages, commonly found in RTA cases and in particular focuses on the day-to-day issues in practice, one encounters with such cases. Andrew Mckie, Barrister at Clerksroom Manchester, is a specialist in claimant and defendant personal injury, with a particular interest in cases involving alleged fraud, credit hire, highways, occupiers and defective premises cases. He was previously Head of Litigation and In-House Solicitor Advocate at a claimant personal injury firm with over 50 staff.
Publisher of America's #1 Small Business Series is now helping empower the average citizen in their personal and professional lives. The Legal Power! series aims to give you the tools you need to make proactive business and personal decisions, protect your assets, prevent painful contractual mistakes and defend yourself in an increasingly litigious society. Thorough, to-the-point and low-cost, these books make understanding your rights simple by explaining lawyer-babble in clear, plain English.Legal Power! books are: -- Specific in scope, offering indepth information on single topics rather than trying to be everything to everybody -- Practical for real-world use, containing forms, examples and case studies -- User-friendly in tone and design -- Simple, but not simplistic -- Inexpensively priced for the information-hungry consumerIf you've been injured in an accident, this book will make the difference in determining how much you are compensated for your injuries. It contains sample forms and valuable advice on matters such as: -- What to do immediately after an accident -- Retaining a lawyer -- What type of medical treatment you should seek -- Dealing with insurance companies -- Settlement negotiations -- Going to court
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.
This new edition of Personal Injury Litigation deals with the new rules governing road traffic claims and contains useful guidance and checklists for both claimants and defendants dealing with these claims. This fourth edition not only brings this much used book up-to-date but enhances the original text by introducing chapters on limitation and fatal accident claims. A section on the common pitfalls and how to avoid them will help practitioners ensure that their cases run smoothly. Personal Injury Litigation provides a wide ranging introduction to the major elements of personal injury litigation. It deals with liability, damages and procedure. It gives practical guidance on dealing with the new procedure for low value claims in road traffic cases and provides summaries and checklists for both claimants and defendants. The more difficult areas such as costs, limitation and fatal accidents are also covered with guidance on important issues like serving proceedings and drafting witness statements. Personal Injury Litigation is an invaluable asset to trainees, newly qualified solicitors and paralegals and assumes no prior knowledge of the subject. It will also act as a practical guide for the busy practitioner.