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Future Loss in Practice: Periodical Payments and Lump Sums


ISBN13: 9781405714921
Published: June 2007
Publisher: LexisNexis Butterworths
Country of Publication: UK
Format: Paperback
Price: Out of print



This handy title provides an authoritative analysis on one of the most important reforms to personal injury practice in the last decade. Taking a comprehensive approach, the book includes:-

  • A resume of the basic tenets of compensatory awards and an assessment of the failings of the old regime contrasted with the policy aims and expectations of the new regime and implementing legislation
  • Analysis of the procedure and practice in the process, their merits and demerits
  • Assessment of when periodical payments are appropriate including the taxation and benefits considerations illustrated with case studies
  • A helpful step-by-step guide to aid practitioners work with periodical payments
  • A useful chapter on risk management, examining different areas of potential risk and suggesting practical solutions to limit exposure
  • Appendices providing aide-mémoire such as checklists, pleadings, specimen letters, client fact sheets, specimen periodical payment agreement and useful contacts
Practical and portable, the book is an essential reference resource and includes commentary for lawyers and compensators alike.

Subjects:
Personal Injury Law, Courts and Procedure
Contents:
Introduction
Future loss, an overview
Periodical payments
Practice points
Indexation
Variable orders and agreements
Evidence
When are periodical payments appropriate?
When are variable orders and agreements appropriate?
Consumer protection
Children and disabled claimants
Clinical negligence claims
Working with periodical payments
Pleading periodical payments
Tactical appraisal
Risk management for practitioners
The role of the expert
Fee recovery
Awards of future loss
Appendices
Checklists
Pleadings
Specimen letters
Client fact sheets
A specimen periodical payment agreement
A specimen variable order
List of free online resources
Links to judicial guidelines
Link to regularly updated case and quantum reports and commentary