Personal Injury Schedules - Calculating Damages, 3rd edition

Only £125.00 Email a Friend	Enlarge this image More Personal Injury and Medical Negligence

9781847663733 - £125.00 VAT Free

Personal Injury Schedules - Calculating Damages, 3rd edition

Mr Justice Brian Langstaff, Andrew Buchan, William Latimer-Sayer and Rodney Nelson-Jones

"This third edition has been comprehensively updated and remains as strong as ever. It continues to merit a place on any personal injury practitioner’s bookshelf" PIBU Law Journal, October 2010

"It should be the first point of reference when seeking the answer to practical conundrums. Often, there is no need to research further" David Heaton QC

An invaluable resource for the busy personal injury or clinical negligence practitioner

Personal Injury Schedules, 3rd edition, is an authoritative guide to the assessment of damages and presentation of claims of personal injury. It deals specifically with periodical payments, fatal accidents, loss of earnings (including Ogden VI), lost years, care claims as well as calculating damages in professional negligence actions and claims in the Employment Tribunal. The latest edition of this popular book provides the busy practitioner with an invaluable source of reference in one handy volume.

Written by team of eminent authors, Personal Injury Schedules, 3rd edition is fully updated to include analysis of the latest developments and relevant case law occurring in recent years.

Take advantage of the practical and accessible information available

• Step by step explanations regarding the drafting of schedules and counter-schedules
• Head by head analysis of the various claims that can be brought and how to respond to such claims
• Analysis of the latest case law
• Numerous example precedents
• Practical guidance on how to maximise and minimise damages

New content – key features

• Includes commentary on all major cases
• An unrivalled citation of first instance and unreported authorities
• Written by practitioners for practitioners
• Updated precedents and useful examples of how to draft documents
• Coverage of the sixth edition of the Ogden Tables

Bibliographic detail

ISBN 978 1 84766 373 3
Publication Date: Jun-10
Format: Paperback
Availability: In print
List price: £125

General Principles; Schedules of Loss; Compiling the Evidence; Non-Pecuniary Loss (General Damages); Interest on Non-Pecuniary Loss (General Damages); Past Expenses and Losses; Interest on Past Expenses and Losses; Future Expenses and Losses; The Claim for Lost Years; Recovery of State and Collateral Benefits; Counter-schedules; Fatal Accident Claims; Damages for the Dying; Professional Negligence Claims; Periodical Payments; Personal Injury Schedules in the Emplyment Tribunal; Precedents.

Reviews

Perhaps the most important point to make at the outset, is that this book is not limited to the preparation of Schedules of Loss, as the title perhaps suggests. Instead it covers, in one single volume, everything that personal injury practitioners need in order to calculate damages. As well as the expected material on special damages, there is also an excellent section on valuing general damages, containing perhaps the best explanation that I have come across of how to value multiple injuries. Defendants too are catered for, in a substantial chapter on Counter-Schedules.

Most chapters contain a detailed and rigidly structured treatment of a head of loss. To give an idea of the level of detail, the section on care and assistances claims contains a detailed discussion of how to calculate the applicable hourly rate, noting the different commercial pay scales for nursing care offered by different bodies. There is also a useful table setting out the different percentage discounts applied to gratuitous care in recent cases (usually 25% but interestingly sometimes less).

The real strength of this book lies in the way that it provides a clear and structured way to present and calculate difficult items of loss. To test this, I turned straight to the section on dependants’ claims under the Fatal Accidents Act 1976. Many text books offer a confused account of how to arrive at the correct multiplier. Here the traditional approach is set out in bullet points, followed by a concise summary of criticisms of this approach and suggested improvements. The section also has a practical flavour, suggesting to claimants which approach is likely to be most favourable.

There are also practical sections on drafting Schedules and Counter-Schedules, combining advice on presentation and strategy. Some of the tips are common sense, but very little time is wasted on straightforward points. The authors move rapidly from first principles (“if you don’t ask, you don’t get”) to a more subtle warning against the perils of exaggeration or overstatement. In terms of Counter-Schedules there is a valuable summary of the law on mitigation of loss, with subsections on the most common issues. Defendants will also find the sections explaining how to deal with malingering or exaggeration to be interesting reading. These sections are reinforced by around 150 pages of precedents at the end of the book.

Of course many practitioners will already be familiar with Personal Injury Schedules. I certainly relied on an earlier edition to help me through pupillage. This third edition has been comprehensively updated and remains as strong as ever. It continues to merit a place on any personal injury practitioner’s bookshelf.

PIBU Law Journal, October 2010

Law

Regulation

Tax

Accountancy

Irish Law

Irish Tax

Scotland

Looseleafs

Looseleaf Updates

Newsletters & Journals

Recently Published

Award Winners

Press Room

Our Authors

Local Artist Support

Bloomsbury Publishing

Bloomsbury Professional Online

Tax Blog

Best Sellers

Personal Injury Schedules - Calculating Damages, 3rd edition

Contents