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When potential litigants first approach a lawyer they are generally interested in finding out one thing only: are they likely to be able to win damages ior any other kind of remedy and what kind of quantum of damages are they likely to receive?
It becomes the lawyer's main task to try to argue for a remedy and to persuade the court that the plaintiff has a good cause of action. Textbooks about contract and tort frequently treat damages and other remedies as an afterthought when in fact it is the issue of remedies which is a constant and ever present consideration for the plaintiff and his or her lawyer.
This new book, containing contributions from many of the UK's leading specialists, brings to the fore a range of issues which are of topical interest to litigators and to teachers of law. In some instances the isues are currently the subject of reform proposals and these essays usefully highlight the principal issues facing the reformers and the objections which have been raised by those opposed to reform.
This work brings to the fore a range of issues which are of topical interest to litigators and to teachers of law. Some of the essays cover issues that are the subject of reform proposals, and highlight the principal issues facing the reformers and the objections which have been raised by those opposed to the reform. Four of the essays tackle a strand of tort law which is growing in importance - the area of personal negligence.
The first chapter in the book also offers an overview of Tort law in the UK, which argues for a complete rethink of the system of personal injuries litigation in the UK, starting with its abolition and replacement by a vastly expanded system of private insurance.