Personal Injuries Law

Size: px
Start display at page:

Download "Personal Injuries Law"

Transcription

1 Personal Injuries Law Assessment Criteria 2015 Specialist Accreditation Distinction in law

2 1. Introduction Contact details Important dates Assessment program Core areas of knowledge Expected areas of knowledge Skills

3 1. INTRODUCTION The 2015 Personal Injuries Specialist Accreditation Assessment Criteria is designed to assist practitioners to understand, prepare for and undertake the assessment specific to this area of accreditation. This document is to be read in conjunction with the Specialist Accreditation Scheme 2015 Candidate Handbook which contains the policies and procedures relevant to all areas of accreditation. 2. CONTACT DETAILS Please address all enquiries regarding specialist accreditation in personal injuries to: Specialist Accreditation Team Queensland Law Society GPO Box 1785 tel: fax: Brisbane Qld IMPORTANT DATES Wednesday 20 May 2015 Monday 15 June 2015 Saturday 25 July 2015 Friday 24 July Sunday 26 July 2015 Mock File distributed Mock File due (by 4pm or sent by registered post postmarked no later than 4pm) Written Examination held Simulated Client Interview held (individual appointments will be allocated between these dates) NB: The Personal Injuries Specialist Accreditation Advisory Committee ( the committee ) reserves the right to change any of these dates. Sufficient notice will be provided to candidates. 2

4 4. ASSESSMENT PROGRAM Candidates must successfully complete the prescribed assessment program set out in this section to be awarded specialist accreditation in this area of accreditation. Practitioners wishing to be accredited should be able to: a. perform at a high standard which is expected of practitioners wishing to hold themselves out as specialists in the area, and b. display a high standard of knowledge of the law and procedure which underpins the performance of tasks in this area of practice. Details of the knowledge and skill expected are contained at the end of this document. The assessment program for specialist accreditation in personal injuries is in three parts. All parts are weighted equally. Part 1 Part 2 Part 3 Mock File Written Examination Simulated Client Interview To gain accreditation, candidates must perform satisfactorily in each of the three parts of the assessment program. Candidates will be advised of what constitutes satisfactory performance in the assessment instructions. Candidates will be assessed on the law as it stands on the date of the assessment. 3

5 4.1. Mock File Date of distribution: Wednesday 20 May 2015 Due date: Monday 15 June 2015 (by 4pm or sent by registered post, postmarked no later than 4pm) Candidates will be presented with a mock file and required to complete specific tasks, which may include instigating inquiries, preparing pleadings, drafting letters of advice including a detailed assessment of damages, and negotiating settlement. The mock file will assess the candidate s ability to deal with more complex issues. Candidates can choose from one of the core areas listed below in which to complete the mock file. Motor Accident Plaintiff; Workers Compensation/Industrial Plaintiff; or Workers Compensation/Industrial Defendant. Please nominate the area of your choice on application. Mock File Conditions Candidates may use the resources of their offices in completing this exercise. Candidates will face automatic disqualification from the accreditation program if any assessment material is referred to counsel or any other person for opinion or assistance. Submissions received after the due date will not be assessed. Candidates should refer to the appropriate section of the Specialist Accreditation Scheme 2015 Candidate Handbook if they experience a problem completing the assessment by the due date. No reference or marks which may identify the candidate or their firm should appear anywhere in the candidate s work. 4

6 4.2. Written Examination Date: Saturday 25 July 2015 Venue: Time: Brisbane (exact venue to be confirmed at a later date) Time to be confirmed (exam will run for 3 hours with 30 mins reading time) Part A This part comprises two problem questions out of a choice of three, i.e. hypothetical cases, in which candidates will be asked to advise the parties on matters such as: possible causes of action possible defences appropriate jurisdiction, and relevant legislation. The problems may cover the core areas of motor vehicle accidents, workplace accidents, medical negligence and/or public liability. Part A is worth 40% of total marks. Part B This part comprises 20 questions out of a pool of 30 questions. The questions will require short answers ranging from a few lines to a maximum of half a page. These questions will test basic knowledge and understanding of legal principles and statutes, calculation of damages including use of actuarial tables, and medical terminology. Part B is worth 60% of total marks. Candidates must achieve a pass (50%) on both Part A and Part B to pass this assessment. 5

7 Examination conditions The duration, including reading time, will be 3 hours and 30 minutes. The examination will be open book. Candidates may take into the examination room any books, notes or other written material. Portable computers may be used for reference purposes on a read only basis so long as their use does not disturb other candidates. Internet access is strictly prohibited. Mobile telephones are not permitted. Answers must be written in the answer booklets provided. Answers must be numbered correctly. Handwriting must be legible. Candidate numbers (not names) must be written on all answer books submitted. 6

8 4.3. Simulated Client Interview Date: Friday 24 July Sunday 26 July 2015 Venue: Queensland Law Society, Law Society House, 179 Ann Street, Brisbane Time: Individual appointments will be allocated on either Friday, Saturday or Sunday Candidates will be asked to conduct a simulated first interview with a person acting in the role of a plaintiff client. The exercise will take 30 minutes and will be visually recorded for assessment purposes. 7

9 5. CORE AREAS OF KNOWLEDGE For the purposes of the personal injuries specialist accreditation assessment program, the core areas of knowledge have been identified as: Motor Accident Plaintiff Motor Accident Defendant Public Liability Plaintiff Public Liability Defendant Workers Compensation/Industrial Plaintiff Workers Compensation/Industrial Defendant; Product Liability Cases, and Medical Negligence Cases. 8

10 6. EXPECTED AREAS OF KNOWLEDGE The below list is not exhaustive but is set as a guide to candidates as to the type of matters that may be raised in the personal injuries specialist accreditation assessment program. Topics are grouped under headings as a matter of convenience only. Not all the topics listed will necessarily be tested and any matter relevant to practice in personal injuries may be examined Common law principles a. Liability in Negligence and Breach of Statutory Duty The duty of care o general principles o specific categories, e.g. product liability, motor vehicles, duties to rescuers, occupiers public liability, duties in the workplace o medical negligence, public authorities liability, nervous shock/pure psychiatric injury o non-delegable duty, and o no-duty situations and immunities, e.g. barristers, joint illegal enterprise. Breach of duty and the standard of care o the standard of care o proof of negligence general principles the onus of proof circumstantial evidence res ipsa loquitur o Statutory impact 9

11 Damage o causation of damage general principles tests of causation multiple or complex causes remoteness of damage o general principles o egg-shell skull rule o intervening actions statutory impact b. Liability in public nuisance c. Liability in private nuisance d. Liability for professional negligence arising out of personal injuries claims. e. Liability in assault, battery and false imprisonment f. Liability in contract g. Defences Voluntary assumption of risk Contributory negligence Disclaimers Inevitable accident Fraud Consent Illegality 10

12 h. Liability for animals i. Vicarious liability j. Assessment of damages General damages o pain and suffering o loss of amenities and enjoyment of life o loss of expectation of life o disfigurement Special damages o out of pocket expenses o statutory liability Past economic loss o allowance for receipt of statutory benefits, in particular calculation of interest and allowance for receipt of sick pay and superannuation Future economic loss o use of actuarial tables including deferred calculations and life expectancy tables Care o gratuitous care o other future care Particular issues o interest on awards o overlap with other claims o contributory negligence o statutory limitations 11

13 Compensation to others o dependency actions e.g.. loss of expectation of financial support o loss of services Parties o the naming of correct parties e.g.. CTP insurer when under the Motor Accident Insurance Act; o circumstances when it is appropriate to have action against insurer alone i.e. death of insured; and o the correct party to claim in some cases for economic loss e.g. company and partners. Future recurring and deferred expenses o ongoing expenses o cost of aids and appliances o future deferred surgery Mitigation of damages k. Choice of Law General knowledge of choice of law rules applicable in interstate accidents l. Time limitations Common law principles as to when cause of action arises, eg. with the onset of disease. Statutory limitations and notice provisions (Motor Accident Insurance Act and WorkCover Queensland Act, Workers Compensation and Rehabilitation Act 2003 and Personal Injuries Proceedings Act, claims against the Commonwealth) Statutory provisions a. Legal Profession Act 2007 b. Australian Solicitors Conduct Rules 2012 c. Motor Accident Insurance Act 1994 as amended. 12

14 d. WorkCover Queensland Act 1996 e. Workers Compensation and Rehabilitation Act 2003 f. Personal Injuries Proceedings Act 2002 g. Civil Liability Act 2003 h. Further legislation relevant to personal injury litigation o Assessment of damages o Actions against and by executors Supreme Court Act and Uniform Civil Procedure Rules District Court Act and Uniform Civil Procedure Rules Magistrates Court Act and Uniform Civil Procedure Rules Supreme Court Act 1995 as amended Provisions from Common Law Practice Act Law Reform Act 1995 Limitation of Actions Act Section 11, Section 31 Public Trustee Act 1978 Succession Act 1981 Service and Execution of Process Act 1992 Trade Practices Act Part 5A liability for products Criminal Offence Victims Act 1995 Victims of Crime Assistance Act 2009 Workplace Health and Safety Act 1989 & 1995 Work Health and Safety Act 2011 o Tortfeasors Contribution and Contributory Negligence o Civil remedies between spouses o Legal capacity of spouses 13

15 Commonwealth Employees Rehabilitation and Compensation Act Military Rehabilitation and Compensation Act 2004 Safety, Rehabilitation, and Compensation Act 1988 Choice of Law (Limitation Periods) Act 1996 Crown Proceedings Act 1980 Health and Other Services (Compensation) Act 1994 Guardianship and Administration Act 2000 Coal Mining Safety and Health Act Civil Aviation (carriers liability) Act 1959 (Cth) Civil Aviation (carriers liability) Act 1964 (Qld) Corrective Services Act 2006 Consumer Act 2010 Civil Proceedings Act Stages of proceedings a. Pleadings Commencement of proceedings Serving originating process Entry of Appearance and Defence Statement of Claim Third Party Notices/Notices claiming contribution or indemnity Cross Claims specific pleadings b. Discovery, disclosure and privilege Discovery Interrogatories 14

16 Notices of non-party disclosure Privilege c. Statements of loss and damage Statements of loss and damage Statements of expert and economic evidence d. Settlement procedures Settlement conferences Mediation Case appraisal Preparation of terms of settlement/orders of judgment Release, indemnity and discharge Written instructions e. Trial preparation Preparation of chronologies Preparation of schedules Agreement on heads of damage Conferences Subpoenas Documents for tendering Witnesses, lay and expert Evidence by electronic media Supervised case management pursuant to Practice Direction 17/2012 Citation of Authority pursuant to Practice Direction 16/2013 Setting trial dates pursuant to Practice Direction 9/

17 Taking evidence by telephone and video link pursuant to Practice Direction 1/2008 f. Special procedures in cases of legally disabled Appointment of Litigation Guardian Settlement of claims for legally disabled Sanction of settlement by the court or by the Public Trustee Appointment of Administrator g. Application for speedy trial h. Procedures for judgment Obtaining default judgment Enforcing judgment i. Taxation/Assessment of costs j. Appeals Leave to appeal from interlocutory judgment Appeals from Magistrates Court, District and Supreme Courts to Court of Appeal Applications for special leave to appeal to the High Court Notice of appeal Outline of appellant s submission Outline of respondent s submission Appellant s reply Respondent s reply 16

18 7. SKILLS The skills required to be demonstrated during the personal injuries specialist accreditation assessment program include the following: 7.1. Fulfil duty to the client a. Conducting cases efficiently, effectively and expeditiously takes the initiative and acts promptly to promote the client s case is commercially responsible and guards against wasteful procedures and over servicing develops and maintains efficient and disciplined office procedures, including an efficient diary system for pleadings and time limitations is objective and professional, and ensures all actions and advice is in accordance with their ethical duties. b. Helping the client to gain a realistic understanding of the case regularly advises the client in relation to the assessment and likely outcome of the claim explains to the client the basis on which damages or compensation are assessed, the likely range of damages, the impact of discount rates, the statutory restrictions contained in the Motor Accident Insurance Act, WorkCover Queensland Act, and Workers Compensation and Rehabilitation Act 2003, Personal Injuries Proceedings Act and Civil Liability Act 2003, Uniform Civil Procedure Rules advises on the availability of Alternative Dispute Resolution mechanisms e.g. arbitration, mediation advises in relation liability advises on mandatory final offers, offers to settle, the implications in relation to costs and the principles of awarding interest 17

19 warns of the risks of proceeding with litigation clarifies with the client the implications of settlement and the impact settlement may have on Social Security and/or Workers Compensation entitlements advises on all statutory entitlements and refunds discusses the terms of the retainer discusses and enters into a Costs Agreement having particular regard to conditional cost agreements, and advises about the availability of structured settlements in appropriate cases Obtains instructions/facts/evidence a. Eliciting information from the client displays an ability to communicate with clients to elicit all relevant details relating to liability and quantum is guided by a knowledge of the common law, statutory provisions and the relevant time limitations identifies available defences and considers admissions of liability, grounds for privilege and third party proceedings obtains full details of the injury which lead to the development of a before and after picture of the plaintiff combines a professional attitude with objectivity, tolerance and a thorough of approach in obtaining information establishes rapport thoroughly discusses costs, including the basis on which the client will be charged and costs recovery rules. Ensures the client has the opportunity to raise any questions or concerns regarding costs issues provides the client with a balanced overview of the process and gives an overview of time frames, time limits and the pros and cons of proceeding with a claim, and 18

20 openly raises any ethical issues and advises about any peculiar issues that may arise. b. Obtaining evidence on liability When gathering supporting information, the specialist personal injury solicitor: demonstrates initiative, promptness and knowledge of the appropriate sources obtains factual reports takes statements from all relevant witnesses, and engages and qualifies appropriate experts. c. Obtaining appropriate medical evidence obtains medical information from hospitals, treating doctors and qualified medical experts if necessary, conducts an investigation of previous medical history and obtains details of the likely cost of any future treatment and care updates this information in response to constant monitoring of the progress of the medical condition by treating doctors or other health professionals, including rehabilitation programs is familiar with medical terminology and the medical experts who are available to give required medical evidence, and ensures that the medical experts address themselves to the important questions of evidence e.g. causation. d. Obtaining evidence of loss and damage quantifies or tests the claims for loss and damage by developing and contrasting a picture of the claimant s post-accident life, including future possibilities, with a might-have-been picture of the claimant s preaccident expectations when appropriate, obtains details of employment, taxation, income, ability, duties, prospects for promotion, redundancy and retirement, personal records, professional qualifications and references 19

21 if necessary, engages and qualifies actuarial experts to assess economic loss arranges necessary surveillance of plaintiff/applicant, and is familiar with relevant superannuation legislation and its application to damages assessment. e. Using procedures to obtain additional facts To obtain additional facts the specialist personal injury solicitor uses initiative and a knowledge of formal and informal procedures including: before action o discovery before action o searches, and o use of Right of Information Act 2009 to obtain hospital and other State government records. after action o subpoenas to produce documents, and o interlocutory proceedings eg. discovery, interrogatories and notices to admit facts. application of provisions of the Evidence Act (s134a) Develops a plan a. Assessing liability analyses the strengths and weaknesses of the claimant s case in light of the available facts and the current law considers the identity of the correct defendant, the probable evidence of the opponent s experts reports, probable defences, the possibility of third party proceedings; and the likely availability, demeanor and credibility of all parties and witnesses, and assesses the likelihood of success. 20

22 b. Assessing compensation adopts a realistic approach to the quantification of heads of damage and the calculation of entitlements to workers compensation, and applies a knowledge of common law principles and legislation reviews precedent considers questions of insurance and the other party s ability to pay evaluates the strength and extent of the medical evidence, based on knowledge of medical terminology and investigative procedures considers obligations and entitlements to provide and receive rehabilitation services considers the likely availability, demeanor and credibility of all parties and witnesses, and considers statutory limits of the Workers Compensation and Rehabilitation Act 2003, WorkCover Queensland Act, Motor Accident Insurance Act, Personal Injuries Proceedings Act and Civil Liability Act 2003 (and associated Regulations), and Uniform Civil Procedure Rules. c. Determining the appropriate tribunal When determining the appropriate tribunal the specialist personal injury solicitor applies the principles regarding: the nature and quantum of causes of action; the appropriate jurisdiction both monetary and geographical; and the advantages and disadvantages of various tribunals, including alternative dispute resolution. d. Considering tactics determines when to proceed with, defer or attempt to settle a claim understands the commercial reality and assesses the strengths and weaknesses of the evidence on both liability and damage if appropriate, uses any of the following to advance the client s position: o speedy hearings 21

23 o interlocutory proceedings o offers to settle o requiring experts to be available for cross-examination o seeking agreement on the quantum of heads of damage o application for mediation or case appraisal o availability of jury trial o compulsory conferences, and o joinder of parties. e. Advising the client on a course of action advises the client on possible courses of action, including alternative dispute resolution, need to compromise, settlement options, and the likely duration, cost and outcome of litigation considers joining other parties to the proceedings, the availability and desirability of jury trial, and time limitations communicates with the client in a manner consistent with the client s needs remains objective and realistic, and advises the client in an ethical and professional manner 7.4. Implements plan by: a. Preparing or scrutinising documents accurately prepares all necessary documentation in accordance with the rules of court, common law and statutory provisions ensures that documents reflect the client s instructions or the terms of any agreement draws pleadings which identify all relevant parties and disclose proper causes of action, heads of damage or defences, and 22

24 if required, prepares documents for the appointment of next friend. b. Briefing counsel briefs a barrister who is skilled in the appropriate field in appropriate cases takes an active role in liaison between the client and counsel monitors the presentation of the case, and does not abdicate responsibility to counsel. c. Reviewing evidence The specialist personal injury solicitor regularly: reviews the file to ensure the preservation of evidence and updates evidence of loss considers the opponent s material, and reviews which reports will be used and which experts should be called as witnesses or be required for cross-examination. d. Assessing general damages When assessing general damages, the specialist personal injury solicitor applies common law principles and applies the injury scale prescribed under the Civil Liability Act 2003 and the Workers Compensation and Rehabilitation Act e. Assessing care component The specialist personal injuries solicitor: applies relevant principles to the calculation of all heads of special damages and statutory provisions, and applies restrictions provided by the WorkCover Queensland Act, Workers Compensation and Rehabilitation Act 2003,Personal Injuries Proceedings Act, Motor Accident Insurance Act and Civil Liability Act 2003 as appropriate. 23

25 f. Calculating past losses obtains particulars and calculates the out-of-pocket expenses tests whether out-of-pocket expenses are reasonable and arise out of the injury considers and calculates entitlement to interest, and applies restrictions provided by Motor Accident Insurance Act, Personal Injuries Proceedings Act, WorkCover Queensland Act and Civil Liability Act 2003 and Workers Compensation and Rehabilitation Act g. Assessing future loss considers and calculates the various heads of damages in relation to: o future loss, including loss of income o loss of opportunity o medical and rehabilitation costs o the value of care provided voluntarily and/or commercially o the recurring costs of special equipment, and o home and transport modifications. applies the appropriate discount rates and actuarial tables; takes into account adverse contingencies, the vicissitudes of life and life expectancy, and applies the relevant statutory provisions on restrictions on future loss. h. Negotiating settlement demonstrates an appreciation of when and how to negotiate understands the advantages/disadvantages of acceptance/offers to settle 24

26 assesses the known attitude and likely approach of the other parties and the strength of the opponent s case in appropriate cases, considers structured settlements advises client on social security implications advises client on Medicare requirements and WorkCover refund, and advises client of indemnity and standard costs. i. Preparing and conducting hearing marshals the evidence issues subpoenas confers appropriately with counsel determines availability of witnesses ensures adequate representation with counsel at hearing ensures efficient and considerate calling of witnesses keeps client informed, and advises client on prospects of appeal/re-hearing. j. Finalising the claim ensures all court documents and forms of judgment are properly prepared and filed seeks court approval when necessary notifies proper authorities, including Medicare advises the client of relevant dates, e.g. payment of interest, re-hearing or appeal, and any other arrangements which need to be made takes steps to see that verdict or settlement monies are paid promptly obtains written authorities to settle 25

27 records instructions with finalisation of claims pays all outstanding accounts/expenses prepares final accounts and complies with proper accounting procedure prepares and arranges execution of deed of release or discharge enforcement of judgment and settlement, and where appropriate promptly prepares and sends assessment of costs. 26

Personal Injury Law Specialist Accreditation Assessment Requirements 2012

Personal Injury Law Specialist Accreditation Assessment Requirements 2012 Personal Injury Law Specialist Accreditation Assessment Requirements 2012 These notes should be read in conjunction with the Guide to Application and Assessment. They will assist practitioners interested

More information

2016 Personal Injury Assessment Requirements

2016 Personal Injury Assessment Requirements 2016 Personal Injury Assessment Requirements The 2016 Personal Injury Assessment Requirements should be read in conjunction with the 2016 Guide to Application and Assessment. These documents will assist

More information

Personal Injury Law Specialist Accreditation Assessment Requirements 2014

Personal Injury Law Specialist Accreditation Assessment Requirements 2014 Personal Injury Law Specialist Accreditation Assessment Requirements 2014 These notes should be read in conjunction with the 2014 Guide to Application and Assessment. These documents will assist practitioners

More information

Personal Injury Law Specialist Accreditation Assessment Requirements 2010

Personal Injury Law Specialist Accreditation Assessment Requirements 2010 Personal Injury Law Specialist Accreditation Assessment Requirements 2010 These notes should be read in conjunction with the Guide to Application and Assessment. They will assist practitioners interested

More information

Queensland PERSONAL INJURIES PROCEEDINGS ACT 2002

Queensland PERSONAL INJURIES PROCEEDINGS ACT 2002 Queensland PERSONAL INJURIES PROCEEDINGS ACT 2002 Act No. 24 of 2002 Queensland PERSONAL INJURIES PROCEEDINGS ACT 2002 TABLE OF PROVISIONS Section Page CHAPTER 1 PRELIMINARY PART 1 INTRODUCTION 1 Short

More information

Report on Civil Cases in the District Court of Western Australia 2008/09 to 2012/13

Report on Civil Cases in the District Court of Western Australia 2008/09 to 2012/13 Report on Civil Cases in the District Court of Western Australia 28/9 to 212/13 Table of Contents Civil Case Lodgments 1 Civil Writ (CIV) Register Lodgments 2 Originating Summons (CIVO) Register Lodgments

More information

ASSOCIATION OF PERSONAL INJURY LAWYERS SCOTLAND Standard of competence for Litigators

ASSOCIATION OF PERSONAL INJURY LAWYERS SCOTLAND Standard of competence for Litigators ASSOCIATION OF PERSONAL INJURY LAWYERS SCOTLAND Standard of competence for Litigators INTRODUCTION Standards of occupational competence Standards of occupational competence are widely used in many fields

More information

CLAIMS HANDLING GUIDELINES. for CTP Insurers

CLAIMS HANDLING GUIDELINES. for CTP Insurers CLAIMS HANDLING GUIDELINES for CTP Insurers Initially issued 2000 Reissued: 1 July 2004; 18 September 2006; 1 July 2008; 1 October 2008, 1 May 2014 INTRODUCTION The MAA Claims Handling Guidelines (the

More information

Advice Note. An overview of civil proceedings in England. Introduction

Advice Note. An overview of civil proceedings in England. Introduction Advice Note An overview of civil proceedings in England Introduction There is no civil code in England; English civil law comprises of essentially legislation by Parliament and decisions by the courts.

More information

Medical Litigation in 2012

Medical Litigation in 2012 Medical Litigation in 2012 Jacob Tse Partner Mayer Brown JSM 8 May 2012 Medical Litigation All kinds of litigation relating to medico-legal matters Legal action for medical negligence 23989412 2 Time limit

More information

Avant welcomes the opportunity to provide input into the Productivity Commission s draft report on Access to Justice Arrangements.

Avant welcomes the opportunity to provide input into the Productivity Commission s draft report on Access to Justice Arrangements. 21 May 2014 Access to Justice Productivity Commission GPO Box 1428 Canberra City ACT 2601 Access to Justice Arrangements Draft Report Avant welcomes the opportunity to provide input into the Productivity

More information

PERSONAL INJURIES PROCEEDINGS BILL 2002

PERSONAL INJURIES PROCEEDINGS BILL 2002 1 PERSONAL INJURIES PROCEEDINGS BILL 2002 EXPLANATORY NOTES General Outline Purpose of legislation The main purpose of this Act is to facilitate the ongoing affordability of insurance through appropriate

More information

PERSONAL INJURY COMPENSATION CLAIM GUIDE

PERSONAL INJURY COMPENSATION CLAIM GUIDE PERSONAL INJURY COMPENSATION CLAIM GUIDE PERSONAL INJURY COMPENSATION CLAIM GUIDE This booklet has been produced by D.J. Synnott Solicitors to give our clients an understanding of the personal injury compensation

More information

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS

GADSBY 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 information

Personal Injury Forms (NSW)

Personal Injury Forms (NSW) Personal Injury Forms (NSW) Form Name Form No. Precedent Code Authorities for Information Authority to Receive Deeds Authority to Receive Hospital Records Authority to Receive Medical Report Authority

More information

MAKING A PERSONAL INJURIES CLAIM*

MAKING A PERSONAL INJURIES CLAIM* MAKING A PERSONAL INJURIES CLAIM* GETTING STARTED DO I HAVE A CASE? The first step is to contact one of our experienced personal injuries solicitors and arrange a no obligation consultation. At the initial

More information

Costs Payable in Personal Injury Claims under the Various Legislative Regimes by Paul Garrett

Costs Payable in Personal Injury Claims under the Various Legislative Regimes by Paul Garrett Costs Payable in Personal Injury Claims under the Various Legislative Regimes by Paul Garrett I was asked to deliver a paper in relation to costs which are payable under the various regimes where claimants

More information

Compensation Claims. Contents

Compensation Claims. Contents Compensation Claims Contents Employers' duties What kind of claims may be made? The tort of negligence Tort of breach of statutory duty Civil liability exclusions Conditions to be met for breach of statutory

More information

Information sheet Pre-Action Protocol for Low Value Personal Injury (Employers Liability and Public Liability) Claims

Information sheet Pre-Action Protocol for Low Value Personal Injury (Employers Liability and Public Liability) Claims Information sheet Pre-Action Protocol for Low Value Personal Injury (Employers Liability and Public Liability) Claims You have received this information sheet as it is likely that your claim will proceed

More information

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS Contents SECTION I - INTRODUCTION Definitions Paragraph 1.1 Preamble Paragraph 2.1 Aims Paragraph 3.1 Scope Paragraph

More information

Queensland WORKERS COMPENSATION AND REHABILITATION ACT 2003

Queensland WORKERS COMPENSATION AND REHABILITATION ACT 2003 Queensland WORKERS COMPENSATION AND REHABILITATION ACT 2003 Act No. 27 of 2003 Queensland WORKERS COMPENSATION AND REHABILITATION ACT 2003 TABLE OF PROVISIONS Section Page CHAPTER 1 PRELIMINARY PART 1

More information

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS FROM 31 JULY 2013

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS FROM 31 JULY 2013 PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS FROM 31 JULY 2013 Title Number I INTRODUCTION Definitions Para 1.1 Preamble Para 2.1 Aims Para 3.1 Scope Para 4.1 II GENERAL

More information

Personal Injury Multi-Track Code

Personal Injury Multi-Track Code Personal Injury Multi-Track Code INTRODUCTION The multi track code is designed for personal injury cases (excluding clinical negligence and asbestos related disease cases) within the multi track arena

More information

The Foundation of the International Association of Defense Counsel SURVEY OF INTERNATIONAL LITIGATION PROCEDURES: A REFERENCE GUIDE

The Foundation of the International Association of Defense Counsel SURVEY OF INTERNATIONAL LITIGATION PROCEDURES: A REFERENCE GUIDE Responses submitted by: Name: Roddy Bourke Law Firm/Company: McCann FitzGerald Location: Dublin, Ireland 1. Would your jurisdiction be described as a common law or civil code jurisdiction? The Republic

More information

COMPENSATION FOR PERSONAL INJURIES

COMPENSATION FOR PERSONAL INJURIES COMPENSATION FOR PERSONAL INJURIES First Edition Peter Barrie MA Barrister, Recorder OXFORD UNIVERSITY PRESS Preface Acknowledgments v vi Table of cases xv Table of Statutes xxiii Table of rules, practice

More information

Queensland. Workers Compensation and Rehabilitation and Other Legislation Amendment Bill 2010

Queensland. Workers Compensation and Rehabilitation and Other Legislation Amendment Bill 2010 Queensland Workers Compensation and Rehabilitation and Other Legislation Amendment Bill 2010 Queensland Workers Compensation and Rehabilitation and Other Legislation Amendment Bill 2010 Contents Page

More information

Personal Injury Accreditation Scheme

Personal Injury Accreditation Scheme Personal Injury Accreditation Scheme Guidance In this guidance you can find: A. An introduction to the Accreditation Scheme B. Who is eligible to apply for membership? C. What types of membership are available?

More information

Your Guide to Pursuing a Personal Injury Claim

Your Guide to Pursuing a Personal Injury Claim Your Guide to Pursuing a Personal Injury Claim 2 Contents Introduction... 3 Important things that you must do... 3 In The Beginning... 4 Mitigating your loss... 4 Time limits... 4 Who can claim?... 4 Whose

More information

A Practical Summary of the New Supreme Court Civil Rules for Clark Wilson LLP Insurance Clients

A Practical Summary of the New Supreme Court Civil Rules for Clark Wilson LLP Insurance Clients A Practical Summary of the New Supreme Court Civil Rules for Clark Wilson LLP Insurance Clients by: Jennifer Loeb Clark Wilson LLP tel. 604.891.7766 jrl@cwilson.com Edited by: Larry Munn Clark Wilson LLP

More information

1.1 Explain the general obligations of a claimant and defendant under the Practice Direction on Pre-Action Conduct ( PD-PAC )

1.1 Explain the general obligations of a claimant and defendant under the Practice Direction on Pre-Action Conduct ( PD-PAC ) Title Preparations for Personal Injury Trials Level 4 Credit value 10 Learning outcomes The learner will: 1 Understand the procedures which a litigant should follow before court proceedings are issued

More information

Conditional Fee Agreement ( CFA ) [For use in personal injury and clinical negligence cases only].

Conditional Fee Agreement ( CFA ) [For use in personal injury and clinical negligence cases only]. Disclaimer This model agreement is not a precedent for use with all clients and it will need to be adapted/modified depending on the individual clients circumstances and solicitors business models. In

More information

CIVIL LITIGATION ASSISTANCE SCHEME CONDITIONS OF ASSISTANCE

CIVIL LITIGATION ASSISTANCE SCHEME CONDITIONS OF ASSISTANCE APPLICATION CIVIL LITIGATION ASSISTANCE SCHEME CONDITIONS OF ASSISTANCE 1. Applications for funding under the Civil Litigation Assistance Scheme can only be submitted through a private legal practitioner

More information

Module 1(b) PROFESSIONAL ETHICS 10 Credits

Module 1(b) PROFESSIONAL ETHICS 10 Credits UNIT 1: All Compulsory The syllabus lists what the Course must cover as a minimum, it is not set out in any order of importance, weight or otherwise. The course must always remain current, relevant and

More information

Course like a Trial process with many case examples and notable trials discussed

Course like a Trial process with many case examples and notable trials discussed "THE LAW OR JUSTICE" SYNOPSIS OF U3A COURSE AN OVERVIEW/OUTLINE 1. Introduction and Explanation: Opening and Welcome to U3A course Course like a Trial process with many case examples and notable trials

More information

Chapter 6B STATE ELIGIBILITY GUIDELINES. Last Amended: 1 July 2006. Manual of Legal Aid

Chapter 6B STATE ELIGIBILITY GUIDELINES. Last Amended: 1 July 2006. Manual of Legal Aid Chapter 6B STATE ELIGIBILITY GUIDELINES Last Amended: 1 July 2006 Manual of Legal Aid TABLE OF CONTENTS CHAPTER 6B - STATE ELIGIBILITY GUIDELINES GENERAL...3 PROVISION OF LEGAL ASSISTANCE...3 GENERAL GUIDELINES

More information

Injury Schemes a lawyer s perspective Ian Brown Vice President and President Elect, Queensland Law Society

Injury Schemes a lawyer s perspective Ian Brown Vice President and President Elect, Queensland Law Society Injury Schemes a lawyer s perspective Ian Brown Vice President and President Elect, Law Society This presentation has been prepared for the Actuaries Institute Injury Schemes Seminar. The Institute Council

More information

Motor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007 No 95

Motor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007 No 95 New South Wales Motor Accidents Compensation Amendment (Claims and Dispute Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Motor Accidents Compensation Act 1999 No 41 2 4 Amendment of other

More information

Transport Accident Act Common Law Protocols 1 April 2005 (amended as from March 2010)

Transport Accident Act Common Law Protocols 1 April 2005 (amended as from March 2010) Transport Accident Act Common Law Protocols 1 April 2005 (amended as from March 2010) 1. INTRODUCTION 1.1 Consistent with its mission and vision statement, Client Service Charter and public commitment

More information

Civil Liability and Other Legislation Amendment Bill 2009

Civil Liability and Other Legislation Amendment Bill 2009 Civil Liability and Other Legislation Amendment Bill 2009 Explanatory Notes Objectives of the Bill The objective of the Civil Liability and Other Legislation Amendment Bill 2009 is to improve the civil

More information

Chapter 6A PRIORITY MATTER GUIDELINES FOR LEGAL ASSISTANCE IN STATE MATTERS. Last Amended: 1 July 2006 (Version 3) Manual of Legal Aid

Chapter 6A PRIORITY MATTER GUIDELINES FOR LEGAL ASSISTANCE IN STATE MATTERS. Last Amended: 1 July 2006 (Version 3) Manual of Legal Aid Chapter 6A PRIORITY MATTER GUIDELINES FOR LEGAL ASSISTANCE IN STATE MATTERS Last Amended: 1 July 2006 (Version 3) Manual of Legal Aid TABLE OF CONTENTS CHAPTER 6A - PRIORITY MATTER GUIDELINES FOR LEGAL

More information

WORKERS' COMPENSATION APPEALS GUIDE INDUSTRIAL COURT OF QUEENSLAND AND QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

WORKERS' COMPENSATION APPEALS GUIDE INDUSTRIAL COURT OF QUEENSLAND AND QUEENSLAND INDUSTRIAL RELATIONS COMMISSION WORKERS' COMPENSATION APPEALS GUIDE INDUSTRIAL COURT OF QUEENSLAND AND QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Table of Contents 1. Purpose... 2 2. Definitions... 2 3. What is an Appeal?... 2 3.1 What

More information

Queensland. Workers Compensation and Rehabilitation and Other Legislation Amendment Act 2010

Queensland. Workers Compensation and Rehabilitation and Other Legislation Amendment Act 2010 Queensland Workers Compensation and Rehabilitation and Other Legislation Amendment Act 2010 Act No. 24 of 2010 Queensland Workers Compensation and Rehabilitation and Other Legislation Amendment Act 2010

More information

ILARS POLICY Funding of applications by injured workers to pursue claims for compensation

ILARS POLICY Funding of applications by injured workers to pursue claims for compensation ILARS POLICY Funding of applications by injured workers to pursue claims for compensation Introduction This WIRO Policy sets out the circumstances in which the Independent Legal Assistance and Review Service

More information

JOINT COMMUNIQUE MINISTERIAL MEETING ON PUBLIC LIABILITY INSURANCE. Brisbane 15 November 2002

JOINT COMMUNIQUE MINISTERIAL MEETING ON PUBLIC LIABILITY INSURANCE. Brisbane 15 November 2002 JOINT COMMUNIQUE MINISTERIAL MEETING ON PUBLIC LIABILITY INSURANCE Brisbane 15 November 2002 Commonwealth, State and Territory Ministers and the Senior Vice President of the Australian Local Government

More information

1.1 Explain the general obligations of a claimant and defendant under the Practice Direction on Pre- Action Conduct ( PD-PDC )

1.1 Explain the general obligations of a claimant and defendant under the Practice Direction on Pre- Action Conduct ( PD-PDC ) Title Preparations for Personal Injury trials Level 4 Credit value 10 Learning outcomes The learner will: 1 Understand the procedures which a litigant should follow before court proceedings are issued

More information

The Modern Law of Negligence

The Modern Law of Negligence The Modern Law of Negligence Third Edition RABuckleyMA,DPhil of Lincoln's Inn, Barrister Professor of Law, University of Reading Butterworths London, Dublin, Edinburgh 1999 Contents Preface to the third

More information

MOTOR VEHICLE ACCIDENT CLAIMS ACT

MOTOR VEHICLE ACCIDENT CLAIMS ACT Province of Alberta MOTOR VEHICLE ACCIDENT CLAIMS ACT Revised Statutes of Alberta 2000 Chapter M-22 Current as of April 1, 2015 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s

More information

The new Practice Directions and amendments to the existing Practice Directions, and the new Pre-Action Protocols come into force as follows

The new Practice Directions and amendments to the existing Practice Directions, and the new Pre-Action Protocols come into force as follows 65 th UPDATE PRACTICE DIRECTION AMENDMENTS The new Practice Directions and the amendments to the existing Practice Directions supplementing the Civil Procedure Rules 1998 are made by the Master of the

More information

Court Procedures Rules 2006

Court Procedures Rules 2006 Australian Capital Territory Court Procedures Rules 2006 Subordinate Law SL2006-29 (in 3 volumes) Volume 1 contains chapter 1 to chapter 2, part 2.17 Volume 2 contains chapter 2, part 2.18 to chapter 4

More information

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY (EMPLOYERS LIABILITY AND PUBLIC LIABILITY) CLAIMS

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY (EMPLOYERS LIABILITY AND PUBLIC LIABILITY) CLAIMS PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY (EMPLOYERS LIABILITY AND PUBLIC LIABILITY) CLAIMS Contents SECTION I - INTRODUCTION Definitions Paragraph 1.1 Preamble Paragraph 2.1 Aims Paragraph 3.1

More information

Policy and Procedure for Claims Management

Policy and Procedure for Claims Management Policy and Procedure for Claims Management RESPONSIBLE DIRECTOR: COMMUNICATIONS, PUBLIC ENGAGEMENT AND HUMAN RESOURCES EFFECTIVE FROM: 08/07/10 REVIEW DATE: 01/04/11 To be read in conjunction with: Complaints

More information

Re: NLA Response to Family Law Council Discussion Paper The Answer from an Oracle: Arbitrating Family Law Property and Financial Matters

Re: NLA Response to Family Law Council Discussion Paper The Answer from an Oracle: Arbitrating Family Law Property and Financial Matters National Legal Aid Secretariat GPO Box 9898 Hobart TAS 7001 Executive Officer: Louise Smith t: 03 6236 3813 f: 03 6236 3811 m: 0419 350 065 e: louise.smith@legalaid.tas.gov.au The Director of Research

More information

Public Record Office Standard. Retention & Disposal Authority for Records of the Transport Accident Prevention and Assistance Functions

Public Record Office Standard. Retention & Disposal Authority for Records of the Transport Accident Prevention and Assistance Functions Public Record Office Standard PROS 14/01 Authority Retention & Disposal Authority for Records of the Transport Accident Prevention and Assistance Functions Version 2014 14/01 Issue Date: 15/08/2014 Copyright

More information

Personal Injury Compensation Guide

Personal Injury Compensation Guide Personal Injury Compensation Guide 2015 Personal Injury Compensation Claim Guide David J. Synnott This booklet has been produced by Synnott Lawline Solicitors to give our clients an understanding of the

More information

NEW PRACTICE DIRECTION ON NON-INJURY MOTOR ACCIDENT CLAIMS

NEW PRACTICE DIRECTION ON NON-INJURY MOTOR ACCIDENT CLAIMS NEW PRACTICE DIRECTION ON NON-INJURY MOTOR ACCIDENT CLAIMS From 1 January 2002, all non-injury motor accident claims must comply with the Practice Direction 2 of 2001. The new Practice Direction applies

More information

ASSOCIATION OF PERSONAL INJURY LAWYERS Standard of competence for Portal Claims Handlers

ASSOCIATION OF PERSONAL INJURY LAWYERS Standard of competence for Portal Claims Handlers ASSOCIATION OF PERSONAL INJURY LAWYERS Standard of competence for Portal Claims Handlers INTRODUCTION Standards of occupational competence Standards of occupational competence are widely used in many fields

More information

The Lifecycle of a Personal Injury Claim. By Andrew Mckie (Barrister at Law) Clerksroom July 2012. Telephone 0845 083 3000 or go to www.clerksroom.

The Lifecycle of a Personal Injury Claim. By Andrew Mckie (Barrister at Law) Clerksroom July 2012. Telephone 0845 083 3000 or go to www.clerksroom. 1 1. Introduction The Lifecycle of a Personal Injury Claim By Andrew Mckie (Barrister at Law) Clerksroom July 2012 The aim of the presentation is to look at the basic steps from the taking instructions

More information

Civil Litigation: Reparation Law Legal Domain

Civil Litigation: Reparation Law Legal Domain Civil Litigation: Reparation Law Legal Domain The paralegal should be able to competently commence cases in different courts from initial instruction to completion on behalf of both Pursuer and Defenders.

More information

PERSONAL INJURY COMPENSATION CLAIM GUIDE

PERSONAL INJURY COMPENSATION CLAIM GUIDE PERSONAL INJURY COMPENSATION CLAIM GUIDE PERSONAL INJURY COMPENSATION CLAIM GUIDE This booklet has been produced by D.J. Synnott Solicitors to give our clients an understanding of the personal injury compensation

More information

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS Contents SECTION I - INTRODUCTION Definitions Paragraph 1.1 Preamble Paragraph 2.1 Aims Paragraph 3.1 Scope Paragraph

More information

VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION

VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION CHAPTER 585 An Act to amend and reenact 38.2-2206 of the Code of Virginia and to amend the Code of Virginia by adding in Article 7 of Chapter 3 of Title 8.01 a

More information

IN THE COURT OF QUEEN S BENCH OF ALBERTA JUDICIAL DISTRICT OF EDMONTON TANYA LABONTE, JESSE STECHYNSKY AND RHONDA MCPHEE. - and

IN THE COURT OF QUEEN S BENCH OF ALBERTA JUDICIAL DISTRICT OF EDMONTON TANYA LABONTE, JESSE STECHYNSKY AND RHONDA MCPHEE. - and IN THE COURT OF QUEEN S BENCH OF ALBERTA JUDICIAL DISTRICT OF EDMONTON Action No. 0403-12898 B E T W E E N : TANYA LABONTE, JESSE STECHYNSKY AND RHONDA MCPHEE Plaintiffs - and HER MAJESTY THE QUEEN IN

More information

Executive summary and overview of the national report for Denmark

Executive summary and overview of the national report for Denmark Executive summary and overview of the national report for Denmark Section I Summary of findings There is no special legislation concerning damages for breach of EC or national competition law in Denmark,

More information

A guide for people injured in a motor vehicle crash.

A guide for people injured in a motor vehicle crash. A guide for people injured in a motor vehicle crash. This guide has been designed to help people who have been injured in a motor vehicle crash and who may be able to make a claim for personal injury compensation.

More information

Appendix I: Select Federal Legislative. Proposals Addressing Compensation for Asbestos-Related Harms or Death

Appendix I: Select Federal Legislative. Proposals Addressing Compensation for Asbestos-Related Harms or Death Appendix I: Select Legislative Appendix I: Select Federal Legislative is and Mesothelioma Benefits Act H.R. 6906, 93rd 1973). With respect to claims for benefits filed before December 31, 1974, would authorize

More information

Australian Proportionate Liability Regime

Australian Proportionate Liability Regime Australian Proportionate Liability Regime May 2014 16 NOVEMBER 2011 Curwoods Lawyers Australia Square Plaza Building Level 9, 95 Pitt Street SYDNEY NSW 2000 t +61 2 9231 4166 f +61 2 9221 3720 CURWOODS

More information

TEMPLE LITIGATION ADVANTAGE INSURANCE FOR DISBURSEMENTS AND OPPONENT S COSTS Certificate of Insurance

TEMPLE LITIGATION ADVANTAGE INSURANCE FOR DISBURSEMENTS AND OPPONENT S COSTS Certificate of Insurance TEMPLE LITIGATION ADVANTAGE INSURANCE FOR DISBURSEMENTS AND OPPONENT S COSTS Certificate of Insurance In return for the payment of the Premium specified in the Schedule and based on any Information that

More information

Clinical Negligence. Issue of proceedings through to Trial

Clinical Negligence. Issue of proceedings through to Trial Clinical Negligence Issue of proceedings through to Trial Lees Solicitors LLP 44/45 Hamilton Square Birkenhead Wirral CH41 5AR Tel: 0151 647 9381 Fax: 0151 649 0124 e-mail: newclaim@lees.co.uk 1 1 April

More information

Employer s Liability in a Practical Context

Employer s Liability in a Practical Context Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: Employer s Liability in a Practical Context 1.1 Introduction 1.2 The parties to an employer s liability claim 1.3 An

More information

MODEL DIRECTIONS FOR CLINICAL NEGLIGENCE CASES (2012) - before Master Roberts and Master Cook

MODEL DIRECTIONS FOR CLINICAL NEGLIGENCE CASES (2012) - before Master Roberts and Master Cook MODEL DIRECTIONS FOR CLINICAL NEGLIGENCE CASES (2012) - before Master Roberts and Master Cook Introductory note. These are the Model Directions for use in the first Case Management Conference in clinical

More information

Case4:12-cv-03288-KAW Document2-1 Filed06/25/12 Page1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

Case4:12-cv-03288-KAW Document2-1 Filed06/25/12 Page1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION Case4:12-cv-03288-KAW Document2-1 Filed06/25/12 Page1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION STANDING ORDER FOR MAGISTRATE JUDGE KANDIS A. WESTMORE (Revised

More information

SAMPLE. Professional Indemnity Insurance (PII) Policy 2015/16. lawcover.com.au Page 1

SAMPLE. Professional Indemnity Insurance (PII) Policy 2015/16. lawcover.com.au Page 1 Professional Indemnity Insurance (PII) Policy 2015/16 Lawcover Insurance Pty Limited ABN 15 095 082 509 Level 13, 383 Kent Street Sydney NSW 2000 DX 13013 Sydney Market Street Telephone: 1800 650 748 (02)

More information

A Guide for the General Practitioner: Ethical Issues When Evaluating, Selecting and Handling Personal Injury Case I.

A Guide for the General Practitioner: Ethical Issues When Evaluating, Selecting and Handling Personal Injury Case I. A Guide for the General Practitioner: Ethical Issues When Evaluating, Selecting and Handling Personal Injury Case I. Finding the Case: For the general practitioner of law, most personal injury claims come

More information

Civil Liability and Courts Act 2004 Dillon Eustace

Civil Liability and Courts Act 2004 Dillon Eustace Civil Liability and Courts Act 2004 Dillon Eustace Table of Contents Page 1. The Statute of Limitations 1 2. The Letter of Claim 1 3. Personal Injury Summons 2 4. The Defence 2 5. Verifying Affidavits

More information

Common law applies. Generally calculated at 9% of Past Economic Loss. Interest recoverable on the net loss i.e. less refunds.

Common law applies. Generally calculated at 9% of Past Economic Loss. Interest recoverable on the net loss i.e. less refunds. National Round-up: Damages ACT General Damages Motor Vehicle WorkCover Public Liability Medical Negligence Common law applies, and s99 Civil Law (Wrongs) Act 2002 (CLWA) as to previous decisions of Court

More information

Claims Assessment and Resolution Service Assessor Guidance Material

Claims Assessment and Resolution Service Assessor Guidance Material Claims Assessment and Resolution Service Assessor Guidance Material Costs regulation 2015 Disclaimer This publication contains information about claims assessments under the NSW Compulsory Third party

More information

Workers guide to workers compensation Guide

Workers guide to workers compensation Guide Workers guide to workers compensation Guide www.worksafe.nt.gov.au Disclaimer This publication contains information regarding workers rehabilitation and compensation. It includes some of your obligations

More information

PLGL 1700: Torts Section 30i Fall 2015 Course Syllabus

PLGL 1700: Torts Section 30i Fall 2015 Course Syllabus PLGL 1700: Torts Section 30i Fall 2015 Course Syllabus Instructor: Christine Taylor, J.D. Phone: 435/687-8563; Fax: 435/586-1925 Office: General Classroom Building 406 Email: christinetaylor@suu.edu Office

More information

Frequently Asked Questions: Compulsory Third-Party Insurance in the ACT

Frequently Asked Questions: Compulsory Third-Party Insurance in the ACT Frequently Asked Questions: Compulsory Third-Party Insurance in the ACT Who can claim? A CTP personal injury claim form may be lodged by: any person who has sustained personal injury as a result of a motor

More information

REVIEW OF THE CIVIL LAW LEGAL AID SCHEME CONSULTATION REGARDING RECOMMENDATIONS

REVIEW OF THE CIVIL LAW LEGAL AID SCHEME CONSULTATION REGARDING RECOMMENDATIONS REVIEW OF THE CIVIL LAW LEGAL AID SCHEME CONSULTATION REGARDING RECOMMENDATIONS Overview Legal Aid Queensland has reviewed the Civil Law Legal Aid Scheme (CLLAS). This paper lists the review recommendations

More information

Model Order clinical negligence duty-causation-quantum outside RCJ

Model Order clinical negligence duty-causation-quantum outside RCJ Warning: you must comply with the terms imposed upon you by this order otherwise your case is liable to be struck out or some other sanction imposed. If you cannot comply you are expected to make formal

More information

ISSUES PAPER: FAMILY LAW RULES ALBERTA RULES OF COURT PROJECT

ISSUES PAPER: FAMILY LAW RULES ALBERTA RULES OF COURT PROJECT ISSUES PAPER: FAMILY LAW RULES ALBERTA RULES OF COURT PROJECT October 2002 INTRODUCTION The Rules Project [1] The Alberta Rules of Court (the Rules) govern practice and procedure in the Alberta Court of

More information

Suzanne Kupsch. Dawson Chambers Room 5, 405 Little Bourke Street Melbourne Victoria T: + 61 3 9229 5022 List Y: +61 3 9225 6777

Suzanne Kupsch. Dawson Chambers Room 5, 405 Little Bourke Street Melbourne Victoria T: + 61 3 9229 5022 List Y: +61 3 9225 6777 Suzanne Kupsch Dawson Chambers Room 5, 405 Little Bourke Street Melbourne Victoria T: + 61 3 9229 5022 List Y: +61 3 9225 6777 Admission Admitted to practice as a barrister & solicitor on 6 March 2000

More information

ISSUES PAPER LEGAL REPRESENTATION AND JURISDICTIONAL LIMIT IN SMALL CLAIMS

ISSUES PAPER LEGAL REPRESENTATION AND JURISDICTIONAL LIMIT IN SMALL CLAIMS DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE ISSUES PAPER LEGAL REPRESENTATION AND JURISDICTIONAL LIMIT IN SMALL CLAIMS June 2013 Legal Policy Division Department of the Attorney-General and Justice

More information

Steve Mason, Legal Services and Governance Lead. Ratified and Approved CCG Governing Body on 10 October 2013 by:

Steve Mason, Legal Services and Governance Lead. Ratified and Approved CCG Governing Body on 10 October 2013 by: Title: Claims Management Policy Reference No: Owner: Author: Steve Mason, Legal Services and Governance Lead First Issued On: Latest Issue Date: Operational Date: Review Date: Consultation Date: Policy

More information

ATTORNEY GENERAL'S DEPARTMENT OF NSW & THE DEPARTMENT OF PREMIER AND CABINET

ATTORNEY GENERAL'S DEPARTMENT OF NSW & THE DEPARTMENT OF PREMIER AND CABINET NSW GOVERNMENT REVIEW OF THE DUST DISEASES CLAIMS RESOLUTION PROCESS ISSUES PAPER DECEMBER 2008 ATTORNEY GENERAL'S DEPARTMENT OF NSW & THE DEPARTMENT OF PREMIER AND CABINET Issues Paper: Review of the

More information

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS Contents SECTION I - INTRODUCTION Definitions Paragraph 1.1 Preamble Paragraph 2.1 Aims Paragraph 3.1 Scope Paragraph

More information

Introduction. Thank you for your interest in working with the Queensland Ambulance Service.

Introduction. Thank you for your interest in working with the Queensland Ambulance Service. Introduction Thank you for your interest in working with the Queensland Ambulance Service. This information package has been developed to inform potential applicants about the recruitment and selection

More information

Litigation schemes and proof of debt schemes: Managing conflicts of interest

Litigation schemes and proof of debt schemes: Managing conflicts of interest REGULATORY GUIDE 248 Litigation schemes and proof of debt schemes: Managing conflicts of interest April 2013 About this guide This guide sets out our approach on how a person who provides a financial service

More information

B.C. LAWYERS COMPULSORY PROFESSIONAL LIABILITY INSURANCE POLICY NUMBER: LPL 00-01-01

B.C. LAWYERS COMPULSORY PROFESSIONAL LIABILITY INSURANCE POLICY NUMBER: LPL 00-01-01 B.C. LAWYERS COMPULSORY PROFESSIONAL LIABILITY INSURANCE POLICY NUMBER: LPL 00-01-01 INSURER: THE LSBC CAPTIVE INSURANCE COMPANY LTD. (the Company ) Administrative Offices, 6th Floor, 845 Cambie Street

More information

DGI04 Liability Insurance Underwriting

DGI04 Liability Insurance Underwriting DGI04 Liability Insurance Underwriting Module Description: This module aims to provide the candidate with the knowledge and skills in commercial liability insurance operations. It deals with the legal

More information

A BILL for AN ACT. Serial 137 Personal Injuries (Civil Claims) Bill 2003 Dr Toyne

A BILL for AN ACT. Serial 137 Personal Injuries (Civil Claims) Bill 2003 Dr Toyne Serial 137 Personal Injuries (Civil Claims) Bill 2003 Dr Toyne A BILL for AN ACT to provide for the economical and early resolution of claims for damages for personal injuries before proceedings are commenced,

More information

Information for people injured in road crashes

Information for people injured in road crashes Information for people injured in road crashes What is CTP insurance? All South Australian drivers pay a CTP insurance premium when they register their vehicle. The CTP premium provides drivers and/or

More information

CORE 573. Community Rehabilitation and Disability Studies. Disability and the Law. Calendar Description. Content/Objectives. Outcomes/Competencies

CORE 573. Community Rehabilitation and Disability Studies. Disability and the Law. Calendar Description. Content/Objectives. Outcomes/Competencies Community Rehabilitation and Disability Studies CORE 573 Half (3-0) Disability and the Law Calendar Description Foundations of Canadian legal principles and practice as they affect community rehabilitation.

More information

understanding your workers compensation accident insurance policy A guide to your policy cover and conditions

understanding your workers compensation accident insurance policy A guide to your policy cover and conditions understanding your workers compensation accident insurance policy A guide to your policy cover and conditions AIPG May 2015 contents About WorkCover Queensland 3 About your accident insurance policy 3

More information

Real Estate Errors & Omissions Indemnity Plan

Real Estate Errors & Omissions Indemnity Plan B R I T I S H C O L U M B I A Real Estate Errors & Omissions Indemnity Plan No. RE0398 Issued by Real Estate Errors and Omissions Insurance Corporation (Herein called the Corporation ) Pursuant to the

More information

Workers Compensation (Legal Practitioners and Registered Agents) Costs Determination 2014

Workers Compensation (Legal Practitioners and Registered Agents) Costs Determination 2014 Western Australia Workers Compensation and Injury Management Act 1981 Workers Compensation (Legal Practitioners and Registered Agents) Costs Determination 2014 As at 28 Feb 2014 Version 00-a0-01 Western

More information

Queensland MOTOR ACCIDENT INSURANCE AMENDMENT ACT 2000

Queensland MOTOR ACCIDENT INSURANCE AMENDMENT ACT 2000 Queensland MOTOR ACCIDENT INSURANCE AMENDMENT ACT 2000 Act No. 17 of 2000 Queensland MOTOR ACCIDENT INSURANCE AMENDMENT ACT 2000 Section TABLE OF PROVISIONS Page 1 Short title.....................................................

More information

Any civil action exempt from arbitration by action of a presiding judge under ORS 36.405.

Any civil action exempt from arbitration by action of a presiding judge under ORS 36.405. CHAPTER 13 Arbitration 13.010 APPLICATION OF CHAPTER (1) This UTCR chapter applies to arbitration under ORS 36.400 to 36.425 and Acts amendatory thereof but, except as therein provided, does not apply

More information