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Vol 25 No 2 Feb/March 2020

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Personal Injury Pleadings 6th ed

ISBN13: 9780414070776
Previous Edition ISBN: 9780414028593
Published: May 2019
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: £261.00

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Personal Injury Pleadings is the authoritative stand-alone source to assist the professional draftsman settling claimants’ and defendants’ statements of case.

The sixth edition deals with contemporary challenges in litigation as diverse and demanding as the requirements for pleadings in “fundamentally dishonest” QOCS cases; relief from sanctions applications; cases involving foreign travel; the consequences of BREXIT in Personal Injury litigation; post-ERRA pleadings requirements as to breach of statutory duty; and much more.

It provides informed, accurate, in-depth model pleadings, covering the whole gamut of personal injury work, drawn from many years’ practical experience of real cases. Comprehensive subject coverage is combined with up-to-date informed analysis of recent case law, legislation and subordinate legislation, changes in the Civil Procedure Rules, costs issues, and the minutiae of troublesome practical problems such as the special difficulties involved in fatal accident and late-onset terminal disease claims.

Key features

  • Provides commentary and practical guidance on drafting in various areas of Personal Injury law, in addition to up-to-date case law, relevant legislation and sample pleadings
  • Contains a comprehensive set of sample pleadings together with detailed advice on their correct drafting, ensuring practitioners prepare statements of case that are properly constructed
  • Lays out all pleadings in modern English in line with the Civil Procedure Rules
  • Covers a wide range of personal injury areas from clinical negligence to liabilities in relation to employers, motorists, occupiers and products
  • Explains how case law applies to specific types of pleadings
  • Contains a useful chapter on when a court should carry out a summary assessment and how the court approaches such assessments
  • Provides a selection of defences, paired with specific pleadings, ensuring the work is relevant to both claimant and defendant practitioners
  • Includes the relevant Rules, Protocols and Practice Directions and relevant legislative provisions, current and historical, for context and ease of reference
  • Features additional material including example claim forms in the event of personal injuries sustained while playing a sport

Personal Injury Law
Section I: General matters:
Chapter 1: Historical Background;
Chapter 2: The late 20th century and the Woolf reforms;
Chapter 3: The requirements of the CPR for pleadings;
Chapter 4: General principles;
Chapter 5: Amendment of Pleadings;
Chapter 6: Portal Claims & Pre-Action Protocols;
Chapter 7: Relief from sanctions under CPR Part 3 rule 9(1);
Chapter 8: Costs – general considerations: – CPR Part 44 generally
Chapter 9: Costs - “Fundamentally dishonest” cases CPR Part 44 (13)- (16);
Chapter 10: Effects of withdrawal from the European Union;

Section II: Particular types of personal injury cases other than Employers’ Liability;
Chapter 11: Animals;
Chapter 12: Assaults and Trespass to the Person;
Chapter 13: Clinical Negligence;
Chapter 14: Fatal Accidents Act cases;
Chapter 15: Highways and Public Utilities;
Chapter 16: Hotels, Nightclubs, Bars & Restaurants;
Chapter 17: Motorists’ Liability;
Chapter 18: Occupiers’ Liability;
Chapter 19: Private Individuals’ Liability;
Chapter 20: Product Liability;
Chapter 21: Schools – accidents and incidents;
Chapter 22: Sports Accidents;
Chapter 23: Travel claims for accidents abroad;

Section III: Employers’ Liability,
Chapter 24: Employers’ Liability pre-1992 cases;
Chapter 25: Employers’ Liability 1992 -2013 cases;
Chapter 26: Employers’ Liability post-2013 cases;
Chapter 27: Liability for the Self-Employed, Agency & Casual Workers, Interns, and Volunteers