Kemp & Kemp: Personal Injury Law, Practice and Procedure


Kemp & Kemp: Personal Injury Law, Practice and Procedure

Apr 2015
Number of volumes: 1Subscription Information: 2 releases a year

Offering comprehensive guidance on the best way to proceed with a personal injury case, Personal Injury Law, Practice and Procedure:

  • Provides practical guidance on the tactics and strategies that you should adopt
  • Covers all types of cases, including fatal accidents, industrial accidents, road traffic accidents, occupational health and clinical negligence, so you can take on even unfamiliar and complex cases with confidence
  • Provides a balanced approach, considering both claimant and defendant viewpoints
  • Explains funding options including private funding, CFAs, Legal Aid, Union, BTE and ATE
  • Covers limitation, capacity to litigate, restoring companies to the register, and other tricky issues
  • Gives detailed guidance on the Civil Procedure Rules from Rule 1 (the Overriding Objective) to Rule 52 (Appeals) and beyond
  • Explains management of awards, including lump sums, periodical payment orders, and PI trusts
  • Sets out the procedure in chronological order, showing what to do at each stage, and flagging the issues you need to consider
  • Ensures that cases you undertake have a high chance of success, setting out how to take on a client from initial instructions and risk assessment to investigation
  • Shows how to deal with evidence
  • Provides stage-by-stage guidance on preparation for trial
  • Deals with Part 36 offers, mediation, ADR and settlement, showing you how to approach the different processes and procedures

What''s new for 2013

Updates in the coming months will reflect the Jackson reforms and Legal Aid, Sentencing and Punishing of Offenders Bill, ie extensions to protocols and grander portals and the effects on the procedures that have to be applied pre-issue. Other changes include:
Chapter 2 Funding – a complete rewrite to cover the implications of non-recoverability of Success Fees and After The Event (ATE) insurance premiums including whether they are needed in the first place in the era of Qualified One-way Costs Shifting (QOCS)
Chapter 29 Costs – a rewrite of the parts concerning detailed assessment proceedings as well as a new section on costs management.
New commentary on the Tribunals, Courts and Enforcement Act 2007