MEDICAL ACCIDENT LIABILITY AND REDRESS IN ENGLISH AND FRENCH LAW
|
|
- Jane McKenzie
- 8 years ago
- Views:
Transcription
1 MEDICAL ACCIDENT LIABILITY AND REDRESS IN ENGLISH AND FRENCH LAW In 2002 France introduced an out-of-court settlement scheme for medical accidents. The scheme guarantees compensation for the victims of the most serious medical accidents irrespective of fault and operates in parallel with existing liability rules. In this book compares English and French law on medical accident liability and redress, and considers what lessons the French model can provide for potential reform in England and elsewhere. Taylor emphasizes the effect of the English and French rules on access to compensation and on the cost of liability, and examines the problems that have been posed by the introduction of an administrative redress scheme in France. This book looks at the potential consequences of English and French rules for the doctor patient relationship and for patient safety, and considers the role that national legal traditions and cultures of civil liability in England and France play in shaping national law in this area. simon taylor is a senior lecturer at the Université Paris Diderot. He also teaches at the Ecole Normale Supérieure, Paris, and at the University of Bergamo, Italy. A member of the Sorbonne Institute of Legal Research and the European Research Group on Civil Liability and Insurance, he is a contributor to projects for the European Centre of Tort and Insurance Law, Vienna.
2
3 MEDICAL ACCIDENT LIABILITY AND REDRESS IN ENGLISH AND FRENCH LAW SIMON TAYLOR
4 University Printing House, Cambridge CB2 8BS, United Kingdom Cambridge University Press is part of the University of Cambridge. It furthers the University s mission by disseminating knowledge in the pursuit of education, learning and research at the highest international levels of excellence. Information on this title: / This publication is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press. First published 2015 A catalogue record for this publication is available from the British Library Library of Congress Cataloguing in Publication data Taylor, Simon, 1966 author. Medical accident liability and redress in English and French law /. pages cm Includes index. ISBN (Hardback) 1. Medical personnel Malpractice England. 2. Medical personnel Malpractice France. I. Title. KJC1674.T dc ISBN Hardback Cambridge University Press has no responsibility for the persistence or accuracy of URLs for external or third-party internet websites referred to in this publication, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate.
5 CONTENTS List of abbreviations Note on references Introduction 1 page vii x 1. The state of medical accident liability and redress in England 8 Medical accident liability and redress in England today 9 Reforming medical accident liability and redress law in England 10 Conclusion Medical accident liability and redress in France: a comparative analysis 24 The civil and administrative liability rules 28 Liability of the medical profession in criminal law 49 The administrative compensation scheme 53 Additional compensation schemes run by ONIAM 58 Conclusion Differing cultures of civil liability 61 Differing traditions of civil liability in France and England 61 Differing cultures of civil liability 65 Conclusion The cost of medical accident redress 76 The cost of medical accident redress in France 76 The relevance of the French experience for English law 85 Conclusion Problems posed by the French administrative compensation scheme 93 The categorization of victims in French medical accident compensation law 96 v
6 vi table of contents Uncertainty in defining the boundaries of the liability and redress rules 98 Inconsistency in decision-making 104 Justifying the categorization of claims 106 Does the administrative compensation scheme treat victims fairly? 108 Analysis and comparison with English law 112 Conclusion Shaping the doctor patient relationship through civil liability law 117 Recognition of patient autonomy through informed consent to treatment 118 Appeasing the doctor patient relationship through a duty of candour 137 The effect of the out-of-court settlement scheme on the doctor patient relationship 143 Conclusion Medical accident liability and redress: promoting patient safety? 150 Civil liability as a deterrent to medical accidents 152 Civil liability and learning from medical accidents 156 The effect of the French administrative compensation scheme on patient safety 166 Conclusion 169 General conclusion 172 Index 179
7 ABBREVIATIONS AC Appeal Cases aff. Affaire All ER All England Law Reports AN Assemblée Nationale AP-HP Assistance Publique Hôpitaux de Paris APIL Association of Personal Injury Lawyers Art. Article Ass. Plén. Assemblée plénière B. Bulletin civil BCT Bureau central de tarification BMA British Medical Association BMJ British Medical Journal BMLR Butterworths Medico-Legal Reports CA Court of Appeal CAA Cour administrative d appel CAC Constitutional Affairs Committee Cass. Cour de cassation Cass. civ. (1) Cour de cassation, 1re chambre civile. Cass. crim. Cour de cassation, chambre criminelle CE Conseil d Etat Cm Command paper (1986 ) Cmnd Command paper ( ) CNAMed Commission nationale des accidents médicaux Comm. Commentaire Concl. Conclusions CRCI Commission régional de conciliation et d indemnisation CRU Compensation Recovery Unit D. Dalloz DP. Recueil périodique et critique Dalloz Doctr. Doctrinal DREES Direction de la recherche, des études, de l évaluation et des statistiques vii
8 viii abbreviations ECR European Court Reports EFTA European Free Trade Association EIG Evénements indésirables graves EN England EU European Union EWCA England and Wales Court of Appeal EWCA civ. England and Wales Court of Appeal, civil division EWHC England and Wales High Court FCE Finished Consultant Episode GDP Gross Domestic Product GMC General Medical Council HC House of Commons HL House of Lords HMSO Her Majesty s Stationery Office IDS Institut des données de santé INSEE Institut national de la statistique et des études économiques IGAS Inspection générale des affaires sociales IR Informations rapides JCP G Jurisclasseur périodique, La semaine juridique, édition générale KCE Centre fédérale d expertise des soins de santé (Belgium) LGDJ Librairie Générale de Droit et de Jurisprudence Lloyd s Rep. Med. Lloyd s Law Reports Medical LR Law Reports LTJ Law Times Journal MACSF Mutuelle d assurances du corps de santé français Med. LR Medical Law Reports MP Member of Parliament NHS National Health Service NHSLA National Health Service Litigation Authority NPSA National Patient Safety Agency Obs. observations OECD Organization for Economic Cooperation and Development OJ Official Journal ONIAM Office national d indemnisation des accidents médicaux PUF Presses universitaires de France QB Queen s Bench Rapp. Rapport Rec. Recueil Reg. Regulation RMM Revue de mortalité et de morbidité RTD civ. Revue trimestrielle de droit civil S. Sirey
9 abbreviations ix SAE Statistique annuelle des établissements de santé SHAM Société hospitalière d assurances mutuelles SI Statutory Instrument Somm. Sommaires TA Tribunal administratif T. confl. Tribunal des conflits TGI Tribunal de grande instance TSO The Stationery Office UKHL United Kingdom House of Lords UKSC United Kingdom Supreme Court W. Wales WLR Weekly Law Reports
10 NOTE ON REFERENCES Footnote references to articles provide the number of the first page, rather than full page ranges: this is standard practice with respect to French sources. The same approach has been adopted for English references in order to ensure consistency of presentation. x
Tort System and Government Role in Designing and Reforming Medical Malpractice Compensation Regimes, 2006
Austria Burden of proof is shifted to the health care provider proven and presumed error. Damages: Economic; n-economic Tort law reform is considered. Compulsory by the Medical Association s code of Conduct
More informationCambridge University Press 978-1-107-10280-4 - Medical Accident Liability and Redress in English and French Law Simon Taylor Index More information
INDEX academics see doctrinal writers access to justice 11, 22 accreditation of doctors by Haute Autorité de Santé 158 actuarial assessments of risk 79, 96 scheme in France 4, 27, 53 4, 62, 172 access
More informationHow To Understand The Difference Between The Law In The Two Countries
u Introduction Developments in modern medicine mean that healthcare services today offer effective treatment to many more patients than in the past. The greater ambition of medicine has led to a substantial
More informationNHS REDRESS ACT 2006
INTRODUCTION These notes refer to the NHS Redress Act 2006 (c. 44) NHS REDRESS ACT 2006 EXPLANATORY NOTES 1. These explanatory notes relate to the NHS Redress Act 2006, which received Royal Assent on 8th
More informationNotes about using this style:...2 CASES AND LEGISLATION...2 BOOKS AND ARTICLES... 4. Book (for Books, Reports, documents with ISBNs)...
OSCOLA (for Endnote Web /Endnote on servers) A style for essays, papers etc intended for UK writers, especially those using Endnote Web or Endnote provided on a server in their institution. Writers with
More informationDamage vs Damages: Stylianou v Suncorp, Rome II and the Applicable Law in International Personal Injury Law
Damage vs Damages: Stylianou v Suncorp, Rome II and the Applicable Law in International Personal Injury Law The recent case of Stylianou v Toyoshima and Suncorp Metway Insurance Limited [2013] EWHC 2188
More informationAn Introductory Guide to Rome II for Personal Injury Practitioners
An Introductory Guide to Rome II for Personal Injury Practitioners An Introductory Guide from the International Practice Group Spring 2010 Charles Dougherty and Marie Louise Kinsler Introduction On 11
More informationThe French Legal System
The French Legal System Second edition Andrew West LLB (Southampton), Diplome d'etudes Superieures d'universite (Droit compare) (Aix-Marseille III), PGCE (FE) (Wales), Solicitor; Lecturer, University of
More informationBefore : THE HONOURABLE MR JUSTICE TUGENDHAT - - - - - - - - - - - - - - - - - - - - - Between :
Neutral Citation Number: [2012] EWHC 3279 (QB) Case No: HQ09X03020 IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION Royal Courts of Justice Strand, London, WC2A 2LL Date: 20/11/2012 Before : THE HONOURABLE
More informationSafety Deposit Current Accounts Bill
Safety Deposit Current Accounts Bill [HL] CONTENTS 1 Safety deposit current accounts 2 Fees 3 Enforcement 4 Guarantees or insurance 5 Interpretation 6 Short title, commencement and extent HL Bill 27 54/3
More informationInternational Tax Alert
Global Insights A Review of Key Regulatory Issues Impacting International Tax Practices European Union: German dividend withholding tax violates the principle of free movement of capital (ECJ, October
More informationThe specific regime for the victims of road traffic accidents.
The specific regime for the victims of road traffic accidents. A. Overview Before the enactment of a specific statute, the regime applicable was the general regime of liability, provided by Article 1382ff
More informationEXPLANATORY MEMORANDUM TO THE CONDITIONAL FEE AGREEMENTS ORDER 2013. 2013 No. 689
EXPLANATORY MEMORANDUM TO THE CONDITIONAL FEE AGREEMENTS ORDER 2013 2013 No. 689 1. This explanatory memorandum has been prepared by the Ministry of Justice and is laid before Parliament by Command of
More informationCyber Security and the Politics of Time
Cyber Security and the Politics of Time Cyber security is a recent addition to the global security agenda, concerned with protecting states and citizens from the misuse of computer networks for war, terrorism,
More informationSCOTTISH EXECUTIVE HEALTH DEPARTMENT THE RECOVERY OF NATIONAL HEALTH SERVICE COSTS IN CASES INVOLVING PERSONAL INJURY COMPENSATION
SCOTTISH EXECUTIVE HEALTH DEPARTMENT THE RECOVERY OF NATIONAL HEALTH SERVICE COSTS IN CASES INVOLVING PERSONAL INJURY COMPENSATION A RESPONSE BY THE ASSOCIATION OF PERSONAL INJURY LAWYERS NOVEMBER 2002
More informationAttachment Gérard Biraud
Attachment Gérard Biraud Born 15 February 1944, Geneva, Switzerland Nationality: French Work experience 2009 Re-elected Vice-Chairman of the Joint Inspection Unit. 2008 Vice-Chairman of the Joint Inspection
More informationSOME REFERENCE MATERIALS INCLUDING WEBSITES
SOME REFERENCE MATERIALS INCLUDING WEBSITES BOOKS 1. Luc Thévenoz, La fiducie, cendrillon du droit suisse. Proposition pour une réforme. Société suisse des juristes. Rapports et communications, fascicule
More informationA BILL. (1) All banks and building societies must operate fully secured current accounts. (5) Money held in a fully secured current account must be
Fully Secured Current Accounts Bill A BILL TO Make provision for the introduction of a mandatory requirement for banks and building societies to operate fully secured current accounts to allow money to
More informationMesothelioma Act 2014
Mesothelioma Act 2014 CHAPTER 1 Explanatory Notes have been produced to assist in the understanding of this Act and are available separately 5.75 Mesothelioma Act 2014 CHAPTER 1 CONTENTS Diffuse Mesothelioma
More informationCompany Insolvency and Claims for Personal Injuries
Company Insolvency and Claims for Personal Injuries Alison Padfield 1 Administration; Company voluntary arrangements; Corporate insolvency; Limitation periods; Liquidation; Personal injury claims; Register
More informationFrance Updates Foreign Tax Relief Rules for Residents
Volume 80, Number 3 October 19, 2015 France Updates Foreign Tax Relief Rules for Residents by Philippe Derouin Reprinted from Tax Notes Int l, October 19, 2015, p. 261 France Updates Foreign Tax Relief
More informationHow To Amend The Civil Procedure Rules
EXPLANATORY MEMORANDUM TO THE CIVIL PROCEDURE (AMENDMENT No.8) RULES 2014 2014 No. 3299 (L. 36) 1. This explanatory memorandum has been prepared by the Ministry of Justice and is laid before Parliament
More informationPEOPIL The Pan-European Organisation of Personal Injury Lawyers
PEOPIL The Pan-European Organisation of Personal Injury Lawyers www.peopil.com PEOPIL S RESPONSE TO THE RECOMMENDATIONS TO THE COMMISSION ON A EUROPEAN DISABILITY SCALE - 2003/2130 (INI)? January 2004?
More informationPLAN DE COURS 201 5/201 6 ACADEMIC SYLLABUS 201 5/201 6. Heures Hours. Alexandre Met-Domestici. Sciences-Po Aix-en-Provence
PLAN DE COURS 01 5/01 6 ACADEMIC SYLLABUS 01 5/01 6 DISCIPLINE EU Law Titre du cours Course title Nom de l enseignant/ Name of the lecturer Fonction / Employeur Position / Employee Contact : Objectifs
More informationOxford Guide to Legal Citation and Referencing for Law
Oxford Guide to Legal Citation and Referencing for Law Based on OSCOLA (The Oxford Standard Citation of Legal Authorities) Produced by the School of Law, Social Sciences and Communications and the Department
More informationOBTAINING COMPENSATION FOR HUMAN RIGHTS VIOLATIONS
Presented by Blackstone Chambers in association with Liberty Focus on Public Law and Human Rights 18 th November 2005 OBTAINING COMPENSATION FOR HUMAN RIGHTS VIOLATIONS PUSHPINDER SAINI IVAN HARE Blackstone
More information1 Cour des comptes - Rappel du titre de la Date présentation THE COUR DES COMPTES
1 Cour des comptes - Rappel du titre de la Date présentation THE COUR DES COMPTES ABOUT US: WHO ARE WE? The Cour des comptes is the supreme body in charge of auditing the use of public funds in France.
More informationGUIDE. Guide to the Legal System of the Cayman Islands
GUIDE Guide to the Legal System of the Cayman Islands TABLE OF CONTENTS Preface... 2 Introduction...3 The Cayman Islands Constitution... 3 The Governor......3 The Legislature... 3 The Executive...4 Sources
More informationCompensation Recovery Unit. Z2 - Mandatory reconsideration and appeal guide for recovery of benefits and/or lump sum payments
Compensation Recovery Unit Z2 - Mandatory reconsideration and appeal guide for recovery of benefits and/or lump sum payments October 2013 1 Contents Compensation recovery scheme... 3 If you want the Compensation
More informationTelecommunication Network Economics
Telecommunication Network Economics Presenting a balance of theory and practice, this up-to-date guide provides a comprehensive overview of the key issues in telecommunication network economics, as well
More informationPLAN DE COURS 201 5/201 6 ACADEMIC SYLLABUS 201 5/201 6. EU Law and Politics. External Relations of the EU. Heures Hours. Alexandre Met-Domestici
PLAN DE COURS 01 5/01 6 ACADEMIC SYLLABUS 01 5/01 6 DISCIPLINE EU Law and Politics Titre du cours Course title Nom de l enseignant/ Name of the lecturer Fonction / Employeur Position / Employee Contact
More informationRoyaume-Uni Cour suprême. United Kingdom Supreme Court
Colloque ACA Europe 15-17 Juin 2014 ACA Europe seminar 15-17 June 2014 Réponses au questionnaire sur la régulation économique Responses to the questionnaire on economic regulation Royaume-Uni Cour suprême
More informationManagement Across Cultures
Management Across Cultures The second edition of this popular textbook explores the latest approaches to crosscultural management, as well as presenting strategies and tactics for managing international
More informationDepartment of Justice for Northern Ireland Alternative Methods of Funding Money Damages Claims
Department of Justice for Northern Ireland Alternative Methods of Funding Money Damages Claims A response by the Association of Personal Injury Lawyers June 2013 Page 1 of 8 The Association of Personal
More informationNegligence and Damages Bill
EXPLANATORY NOTES Explanatory notes to the Bill, prepared by Andy McDonald, are published separately as Bill 76 EN. Bill 76 6/1 CONTENTS PART 1 PYSCHIATRIC INJURY 1 Close tie (duty of care) 2 Close tie
More informationPleading & Litigating Fraudulent Motor Claims
Pleading & Litigating Fraudulent Motor Claims Arun Katyar CPD Ref: AVV/CHRW 12 King s Bench Walk, Temple, London EC4Y 7EL, Tel: 020 7583 0811, Fax: 020 7583 7228, Video Conferencing: 020 7583 4190 E-mail:
More informationThe French market and Motor Third Party Liability: 2011 analysis of serious bodily injury compensation
Technical newsletter July 2012 The French market and Motor Third Party Liability: 2011 analysis of serious bodily injury compensation For a number of years, the compensation of serious bodily injury in
More informationEmployers' Liability and Workers' Compensation
Brochure More information from http://www.researchandmarkets.com/reports/2623488/ Employers' Liability and Workers' Compensation Description: This large-scale comparative study analyses the two principal
More informationDEPARTMENT OF HEALTH THE RECOVERY OF NATIONAL HEALTH SERVICE COSTS IN CASES INVOLVING PERSONAL INJURY COMPENSATION
DEPARTMENT OF HEALTH THE RECOVERY OF NATIONAL HEALTH SERVICE COSTS IN CASES INVOLVING PERSONAL INJURY COMPENSATION A RESPONSE BY THE ASSOCIATION OF PERSONAL INJURY LAWYERS NOVEMBER 2002 The executive committee
More informationEffects of workplace noise exposure during pregnancy
ABSTRACT Effects of workplace noise exposure during pregnancy SYSTEMATIC REVIEW WITH META-ANALYSIS AND META-REGRESSION INSTITUT NATIONAL DE SANTÉ PUBLIQUE DU QUÉBEC AUTHOR Agathe Croteau, M.D., Ph. D.
More information2014 No. 2044 (L. 28) SENIOR COURTS OF ENGLAND AND WALES COUNTY COURT, ENGLAND AND WALES. The Civil Procedure (Amendment No.
S T A T U T O R Y I N S T R U M E N T S 2014 No. 2044 (L. 28) SENIOR COURTS OF ENGLAND AND WALES COUNTY COURT, ENGLAND AND WALES The Civil Procedure (Amendment No. 6) Rules 2014 Made - - - - 29th July
More informationProgramme Specification (Undergraduate) Date amended: June 2012
Programme Specification (Undergraduate) Date amended: June 2012 1. Programme Title(s) and UCAS code(s): LLB/Maitrise in English and French Law M120 2. Awarding body or institution: University of Leicester
More informationReform of French Law on Insider Trading Mandated by French Constitutional Council
Westlaw Journal White-Collar Crime Litigation News and Analysis Legislation Regulation Expert Commentary VOLUME 29, issue 11 / august 2015 Expert Analysis Reform of French Law on Insider Trading Mandated
More informationDEALING WITH INTERNATIONAL PERSONAL INJURY CLAIMS KATHERINE ALLEN IRWIN MITCHELL SOLICITORS
DEALING WITH INTERNATIONAL PERSONAL INJURY CLAIMS KATHERINE ALLEN IRWIN MITCHELL SOLICITORS Acting for clients who have been injured in accidents abroad can be immensely challenging and complex. There
More informationConstructing Claims for the Self Employed: 23 rd May 2012
PERSONAL INJURY SEMINAR SERIES Constructing Claims for the Self Employed: 23 rd May 2012 By Katherine Deal Page 1 of 8 T: 020 7415 7800 E: katherinedeal@3harecourt.com HARE COURT About us Chambers work
More informationINFORMATION NOTE. Scope of legal aid services in selected places
INFORMATION NOTE Scope of legal aid services in selected places 1. Background 1.1 In Hong Kong, under the Supplementary Legal Aid Scheme (SLAS), legal aid is currently available for cases involving personal
More informationEngland and Wales High Court (Queen's Bench Division) Decisions
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] England and Wales High Court (Queen's Bench Division) Decisions You are here: BAILII >> Databases >> England and Wales High Court
More informationCollecting Data and Investigating a Diving Accident: Focus on the European Law
Collecting Data and Investigating a Diving Accident: Focus on the European Law Maître François Jaeck Avocat à la Cour 1 Executive Director of DAN Europe Legal Network 4 Place Guerry - BP 30217 41006 Blois
More informationSynthesis of ECT evidence
Efficacy Synthesis of ECT evidence Risk Reference : Agence d évaluation des technologies et des modes d intervention en santé (AETMIS). The use of electroconvulsive therapy in Québec. Report prepared by
More informationCONSULTATIVE COUNCIL OF EUROPEAN JUDGES (CCJE)
Strasbourg, 15 March 2007 CCJE/RAP(2007)3 English only CONSULTATIVE COUNCIL OF EUROPEAN JUDGES (CCJE) 3RD EUROPEAN CONFERENCE OF JUDGES WHICH COUNCIL FOR JUSTICE? ROME, (ITALY), 26-27 MARCH 2007 Session
More informationLaw Reports & Journals Currently Received
Law Reports & Journals Currently Received and Online Databases at Gray's Inn Lincoln's Inn Inner Temple Middle Temple April 2015 Law Reports & Journals Currently Received by the Libraries of the Four Inns
More informationThe Criminal Injuries Compensation Scheme 2012
The Criminal Injuries Compensation Scheme 2012 The Criminal Injuries Compensation Scheme 2012 Scheme laid before Parliament under section 11(1) of the Criminal Injuries Compensation Act 1995 London: The
More informationLOI INFORMATIQUE ET LIBERTES ACT N 78-17 OF 6 JANUARY 1978
LOI INFORMATIQUE ET LIBERTES ACT N 78-17 OF 6 JANUARY 1978 ON INFORMATION TECHNOLOGY, DATA FILES AND CIVIL LIBERTIES AMENDED BY THE FOLLOWING LAWS: ACT OF 6 AUGUST 2004 RELATIVE TO THE PROTECTION OF INDIVIDUALS
More informationCourrier des statistiques, English series no.4, 1998 7
H e a l t h c a r e As in other countries, the healthcare sector in France is undergoing profound change. The pressure to rationalize the system is coming from financial constraints and the steady growth
More informationEMEROTECA REDAZIONE RIVISTA "PROBLEMI DI AMMINISTRAZIONE PUBBLICA"
EMEROTECA REDAZIONE RIVISTA "PROBLEMI DI AMMINISTRAZIONE PUBBLICA" Actualité (l') Juridique - Droit Administratif Actualité de Droit Administration (Ireland) Administratin (France) Administration Publique
More informationEnglish for Business Communication
English for Business Communication Second Edition A short course consisting of five modules: Cultural diversity and socialising, Telephoning, Presentations, Meetings and Negotiations Teacher s Book University
More informationLegislation to encourage medical innovation a consultation. British Medical Association response. Executive Summary
Legislation to encourage medical innovation a consultation British Medical Association response Executive Summary This consultation is about proposed primary legislation to liberate doctors from perceived
More informationPeriodical Payments after Thompstone
Periodical Payments after Thompstone Revision 1. A lump sum award for future loss is bound to be inaccurate. It is impossible for the court to predict future events with accuracy. The uncertainty includes
More information2013 No. 233 ENVIRONMENTAL PROTECTION. The Timber and Timber Products (Placing on the Market) Regulations 2013
STATUTORY INSTRUMENTS 2013 No. 233 ENVIRONMENTAL PROTECTION The Timber and Timber Products (Placing on the Market) Regulations 2013 Made - - - - 6th February 2013 Laid before Parliament 8th February 2013
More informationCall: 2002 Email: roy@12kbw.co.uk
Andrew Roy Call: 2002 Email: roy@12kbw.co.uk Areas of Specialism Personal Injury, Clinical Negligence, Industrial Disease, Costs, Professional Negligence, Fraud, Credit Hire, Travel, Property Damage, Other
More informationRegulation of Laser Eye Surgery Bill
Regulation of Laser Eye Surgery Bill CONTENTS Registration requirements 1 Application of registration requirements of the 00 Act to laser eye surgery 2 Registration of relevant establishments and ophthalmologists
More informationLLM IN INTERNATIONAL CORPORATE GOVERNANCE, FINANCIAL REGULATION AND ECONOMIC LAW
LLM IN INTERNATIONAL CORPORATE GOVERNANCE, FINANCIAL REGULATION AND ECONOMIC LAW About the course The LLM in International Corporate Governance, Financial Regulation and Economic Law (ICGFREL) is an advanced
More informationGADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS
EXPLANATION OF LEGAL TERMS Affidavit: After the event litigation insurance: Application notice: Bar Council: Barrister: Basic Charges: Before the Event Legal Expenses Insurance: Bill of costs: Bolam test:
More informationTAX PLANNING INTERNATIONAL
TAX PLANNING INTERNATIONAL EUROPEAN TAX SERVICE International Information for International Business >>>>>>>>>>>>>>>>>>>>>>>>>>>>> VOLUME 17, NUMBER 3 >>> MARCH 2015 www.bna.com EU Financial Transaction
More informationSocial Media Intelligence
Social Media Intelligence In the world of Facebook, Twitter, and Yelp, water-cooler conversations with co- workers and backyard small talk with neighbors have moved from the physical world to the digital
More informationRacing (Jockeys Accident Insurance) Regulation 2006
Australian Capital Territory Racing (Jockeys Accident Insurance) Regulation 2006 Subordinate Law SL2006-10 The Australian Capital Territory Executive makes the following regulation under the Racing Act
More informationParis Client Alert. One-way exclusive jurisdiction clause held void by Cour de Cassation.
October 2012 Paris Client Alert. One-way exclusive jurisdiction clause held void by Cour de Cassation. On 26 September 2012, the Cour de Cassation, France s highest court in civil and commercial matters,
More informationContents. Table of Statutes. Table of Secondary Legislation. Table of Cases. Pre-action Conduct of Litigation
Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: General Principles 1.1 Introduction 1.1.1 Overview of civil litigation process 1.2 Introduction to the civil courts 1.2.1
More informationThe Duty to Insure. Richard Lewis. Professor of Law, Cardiff University
03/01/2006 The Duty to Insure Richard Lewis Professor of Law, Cardiff University Cardiff Law School E Mail: LewisRK@cardiff.ac.uk Cardiff University Telephone: 029-20874341 PO Box 427 Cardiff Wales United
More informationOverview of Psychological Injury
Overview of Psychological Injury Euan Ambrose Definitions Recognized psychological illness as defined in DSM IV or ICD 10 Not grief, fear, sorrow, distress, anxiety or other normal human emotions (1) Primary
More informationCIVIL JUSTICE COUNCIL (CJC) RESPONSE REDUCING THE NUMBER & COSTS OF WHIPLASH CLAIMS
CIVIL JUSTICE COUNCIL (CJC) RESPONSE REDUCING THE NUMBER & COSTS OF WHIPLASH CLAIMS General The CJC welcomes the opportunity to respond to this consultation. It further welcomes the intention to improve
More informationIndex. British Columbia Court of Appeal 80, 130, 164, 177 British Columbia Supreme Court 78 but for test 3, 5, 44. Canada Alberta Supreme Court 41, 79
Index abnormality. see normality; reasonableness test absence of tests 6 7, 259 accident insurance policies 143 4 accidental shootings dangerous chattels and substances 237 8 intervening conduct of children
More informationChristmas Day (Trading) Bill
Christmas Day (Trading) Bill CONTENTS 1 Prohibition of opening of large shops on Christmas Day 2 Loading and unloading early on Christmas Day 3 Enforcement 4 Consequential amendments Expenses 6 Short title,
More informationCompensation culture: NHS Redress Bill
House of Commons Constitutional Affairs Committee Compensation culture: NHS Redress Bill Fifth Report of Session 2005 06 HC 1009 House of Commons Constitutional Affairs Committee Compensation culture:
More informationHow To Understand The 2013 Litigation Trends In The Uk
Professional liability Update Litigation trends The Ministry of Justice has published its statistics for judicial and court activity in England and Wales for 2013. The figures published show that overall
More informationEUROPEAN COMMITTEE ON LEGAL CO-OPERATION (CDCJ) REPORT ON MEDICAL LIABILITY IN COUNCIL OF EUROPE MEMBER STATES
Strasbourg, 7 March 2005 [cdcj/docs 2005/cdcj (2005) 3rev1 e] CDCJ (2005) 3 rev1 EUROPEAN COMMITTEE ON LEGAL CO-OPERATION (CDCJ) REPORT ON MEDICAL LIABILITY IN COUNCIL OF EUROPE MEMBER STATES A comparative
More informationSymbolism and Regime Change in Russia
Symbolism and Regime Change in Russia During the Soviet period, political symbolism developed into a coherent narrative that underpinned Soviet political development. Following the collapse of the Soviet
More informationn.d. Propositions préliminaires pour la Constitution de la Fédération Internationale des Architectes Paysagistes 5-6
BIBLIOTHEQUE RENE PECHERE - RENE PECHERE LIBRARY Fonds IFLA - IFLA Archives Livres d or reliés - Bound Golden Books INVENTAIRE INVENTORY Livre I - Book I «I.F.L.A. 1948-1968» Création de l IFLA - IFLA
More informationCourt procedures in a post reform world. Presented by Graham Reid 13 February 2014
Court procedures in a post reform world Presented by Graham Reid 13 February 2014 1 Background 2007 Civil Justice Advisory Group chaired by Lord Coulsfield Report Civil Justice: A Case for Reform Lord
More informationa new anthropology of islam
a new anthropology of islam In this powerful, but accessible, new study, draws on a full range of work in social anthropology to present Islam in ways that emphasize its constitutive practices, from praying
More informationGendering the International Asylum and Refugee Debate
Gendering the International Asylum and Refugee Debate This page intentionally left blank Gendering the International Asylum and Refugee Debate 2nd edition Jane Freedman Professor of Political Science,
More informationExpert Medical Evidence: The Australian Medical Association s Position
Expert Medical Evidence: The Australian Medical Association s Position The Australian Medical Association and its members have had an increasing interest in this field for many years, with the level of
More informationUNITED KINGDOM. Bill PERRY. Carter Perry Bailey LLP 10 Lloyd s Avenue London EC3N 3AJ. Phone: 020 7863 6600 Fax: 020 7863 6711
UNITED KINGDOM Bill PERRY Carter Perry Bailey LLP 10 Lloyd s Avenue London EC3N 3AJ Phone: 020 7863 6600 Fax: 020 7863 6711 Email: Bill.Perry@cpblaw.com 1. DEFINITION - PRESENTATION Legal professional
More informationProfessor Marilyn Fleer
Play in the Early Years The Early Years Learning Framework is a key component of the Australian Government s National Quality Framework for early childhood education and care. Play-based learning is an
More informationMORTALITY AMONGST ILLICIT DRUG USERS
MORTALITY AMONGST ILLICIT DRUG USERS Over the past 40 years the rate of illicit drug use worldwide has risen dramatically, and with it the number of deaths reported among drug-using populations. What are
More informationNORTHERN IRELAND OFFICE CONSULTATION CRIMINAL INJURIES COMPENSATION (NI) ORDER 2001 A RESPONSE BY THE ASSOCIATION OF PERSONAL INJURY LAWYERS
NORTHERN IRELAND OFFICE CONSULTATION CRIMINAL INJURIES COMPENSATION (NI) ORDER 2001 A RESPONSE BY THE ASSOCIATION OF PERSONAL INJURY LAWYERS NOVEMBER 2001 The executive committee would like to acknowledge
More informationThe New CFA and DBA Regime. Simon Edwards
The New CFA and DBA Regime Simon Edwards CFAs post 1 April 2013 Section 58A (6) Courts and Legal Services Act 1990 (CLSA) provides that a costs order made in proceedings may not include provision requiring
More informationInternational Asbestos Liability
MEALEY S TM International Asbestos Liability Asbestos In France: One Step Forward, Two Steps Back by Sylvie Gallage-Alwis and Delphine Lapillonne Hogan Lovells A commentary article reprinted from the June
More informationApril 7, 2010 MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES, AND INDEPENDENT REGULATORY AGENCIES
EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 ADMINISTRATOR OFFICE OF INFORMATION AND REGULATORY AFFAIRS April 7, 2010 MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS
More informationPRIORITY RULES ON COMPENSATION FOR NUCLEAR DAMAGE IN NATIONAL LEGISLATION
PRIORITY RULES ON COMPENSATION FOR NUCLEAR DAMAGE IN NATIONAL LEGISLATION (As of December 2009) The OECD Nuclear Energy Agency attempts to maintain the information contained in the attached table in as
More informationResponse of Browne Jacobson LLP (Solicitors) Civil Law Reform Bill - CP53/09
Response of Browne Jacobson LLP (Solicitors) - CP53/09 February 2010 Contents Contents... 2 Introduction... 3 Browne Jacobson LLP... 3 Interest in the Consultation... 3 The Response... 3 Summary... 4 Response
More informationWIPO LIST OF NEUTRALS BIOGRAPHICAL DATA. Telephone: +33 1 53 30 78 90 Facsimile: +33 1 53 30 78 99 Email: info@cabinetbertrand.com
ARBITRATION AND MEDIATION CENTER WIPO LIST OF NEUTRALS BIOGRAPHICAL DATA André R. BERTRAND André R. Bertrand et Associés Société d'avocats 154 Boulevard Malesherbes 75017 Paris France Telephone: +33 1
More informationGeneral comments. Turning to the specific questions: 1. The NHS Redress Scheme
Making Amends the CMO s proposals for reforming the approach to clinical negligence in the NHS. Response to the consultation document by The Royal College of Surgeons of England OCTOBER 2003 Response of
More informationThe Journal of Health Care Law & Policy Volume 9, Number 2
The Journal of Health Care Law & Policy Volume 9, Number 2 Beyond the New Medical Malpractice Legislation: New Opportunities, Creative Solutions, and Best Practices for Patient Safety, Tort Reform and
More informationCURRICULUM VITAE (Synopsis)
Mr Rhodri D Daniel BSc (Hons) FRCS FRCOphth DO Consultant Ophthalmologist CURRICULUM VITAE (Synopsis) FOR SUBMISSION UPON MEDICO-LEGAL INSTRUCTION September 2013 Practice Manager: Carmel Webster (0790
More informationThird Parties (Rights against Insurers) Act 2010
Third Parties (Rights against Insurers) Act 2010 CHAPTER 10 CONTENTS Transfer of rights to third parties 1 Rights against insurer of insolvent person etc 2 Establishing liability in England and Wales and
More informationStructure of the judiciary system, 2010-2012
Austria Belgium Denmark Austrian law is based on European traditions and is primarily statute law, with a very limited role played by customary law. The independence of the courts is enshrined in the constitution.
More informationREGULATION OF TELERADIOLOGISTS AND TELERADIOLOGY PROVIDERS IN THE EU.
RADIOLOGY DEPARTMENT Dr R FitzGerald Consultant Radiologist e-mail: richard.fitzgerald@rwh-tr.nhs.uk REGULATION OF TELERADIOLOGISTS AND TELERADIOLOGY PROVIDERS IN THE EU. I set out my views on this topic.
More informationEnergy Act 2013 CHAPTER 32. Explanatory Notes have been produced to assist in the understanding of this Act and are available separately
Energy Act 2013 CHAPTER 32 Explanatory Notes have been produced to assist in the understanding of this Act and are available separately Energy Act 2013 CHAPTER 32 CONTENTS PART 1 DECARBONISATION 1 Decarbonisation
More informationC.M. Haughey Solicitors Compensation Guide
C.M. Haughey Solicitors Compensation Guide www.cmhaugheysolicitors.ie Athena Goddess of Wisdom, Strength and Strategy. When your experience needs our experience About Us C. M. Haughey Solicitors, located
More information