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With an explosion of interest in the technology from private and commercial users alike, the proliferation of drones in the coming years is set to generate some novel disputes concerning privacy, overflight rights, safety, insurance, finance and nuisance, amongst other things.This book should satisfy the needs of the professional reader but is also pitched at drone users and their professional advisers to help them navigate the rapidly-developing laws and regulations governing drone use. Topics covered include: Regulations covering commercial and private use Data protection and privacy Property/trespass Negligence, nuisance, contract and other damage claims Insurance Intellectual property issues Employment threats and opportunities Criminal activity Likely changes in regulation An overview of unpiloted flight to date Civilian drone application rollout globally Delivery drones, emergency services, media and the arts Practical Guides to recreational Flying and how to become a professional drone pilotABOUT THE AUTHORSRufus Ballaster leads Carter Lemon Camerons LLP's commercial property team. He has contributed to many journals and been a co-author of the Landlord and Tenant Factbook. He also lectures, leads seminars on commercial property issues and serves on panels with major course providers.Andrew Firman is a partner in Carter Lemon Camerons LLP's corporate & commercial team. His employment practice covers both contentious and non-contentious work for both employers and employees. His corporate and banking practice concentrates on contractual and advice work given mainly to SMEs and charities.Eleanor Clot became a Drone Regulation Expert while working for over 8 years in the UK and EU drone industry, most notably as the Operations Manager for EuroUSC, the world's first independent drone assessment and accreditation qualified entity. She has also worked as a paralegal and is embarking on training as a solicitor at Trowers & Hamlins LLP.
This book looks at all aspects of the claims process for accidents abroad and travel claims, from cradle to grave. The book covers all aspects of accidents abroad including but not limited to claims under the 1992 Package Travel Regulations, accidents on ships, accidents on planes, accidents on tour operator excursions, ski/snowboard accidents, quantum and causation in travel claims, and costs. The aim of this book is to provide a clear but comprehensive guide to this area of practice, that can be utilised by practitioners on a day-to-day basis, in Claimant and Defendant practice. The book has a focus on running accidents abroad and travel claims in an efficient way post Jackson, spotting the winners and vetting the losing claims early on.ABOUT THE AUTHORSThe writers are both self-employed personal injury practitioners and also own a BSB Regulated entity that accidents abroad and travel claims. Andrew Mckie, Barrister at Clerksroom Manchester, is a specialist in claimant and defendant personal injury, with a particular interest in cases involving alleged fraud, credit hire, highways, occupiers and defective premises cases. He was previously Head of Litigation and In-House Solicitor Advocate at a claimant personal injury firm with over 50 staff. Ian Skeate joined Clerksroom in January 2010 after practising from St Johns Buildings, Manchester since 2003. He has particular expertise in Personal Injury, Professional Discipline and Regulation, Employment and Costs. Ian is based in Manchester but his practice extends throughout the country especially in London.
This book, written for practising lawyers, experts and judges alike, provides a detailed, but ultimately practical, guide to expert evidence in civil litigation. It considers the formalities and realities of obtaining and relying upon expert evidence, examines in detail the process by which experts can formulate and express persuasive opinions and fulfil their duties to the court, addresses both written and live evidence, and includes dedicated chapters on specific fields of expertise commonly seen in personal injury actions. "A well-written, comprehensive and engaging account of the issues encountered in being a medical expert ... clearly important and worthy of wider dissemination" - Dr Hector Chinoy, PhD FRCP, Senior Lecturer & Honorary Consultant Rheumatologist, Salford Royal NHS Foundation Trust"Clearly informed by extensive practical experience ... this is a book that is needed and should be purchased by lawyers and anyone who is thinking of giving 'expert' evidence" - Gordon Exall, Barrister, Zenith Chambers, Leeds & Hardwicke Building, London, Author of Civil Litigation Brief blog"Should be used as a teaching guide for new judges, let alone Counsel, litigation solicitors and experts" - Timothy Gray, District Judge, St Helens County CourtABOUT THE AUTHORDavid Boyle read Law at Churchill College, Cambridge and has 21 years' experience of Personal Injury work based at Deans Court Chambers in Manchester. He has a thriving practice across a broad spectrum of complex, high value, high profile and unusual Multi-Track claims, lectures at both undergraduate and postgraduate level and has been Head of Mini-Pupillage at Deans Court for 6 years. Always approachable, he has a particular appreciation of the need for clients to understand their litigation, no matter what the complexities, and has a reputation for clarity and forensic rigour in both his written and oral advocacy. In 2015, the Legal 500 said that he "Provides tactically astute, detailed advice and is able to convey this simply." He has carried that through to this, his first book.
Following the Court Reforms and Briggs LJ's Review, ADR is likely to be increasingly used in personal injury claims.This book explores the various ADR options available and provides practical guidance to assist practitioners to use ADR to maximum effect in their cases today, and to prepare their practices for increased emphasis on ADR as the preferred means of dispute resolution in the future.ABOUT THE AUTHORSPeter Causton is a dispute resolution specialist solicitor and Civil and Commercial mediator and has set up ProMediate (UK) Limited which is a certified ADR body pursuant to the ADR Regulations 2015 and is a board member of the Civil Mediation Council. Peter is Chief Assessor of the Law Society's Civil and Commercial Mediation Accreditation Scheme.Nichola Evans has an insurance litigation background and also deals with high value public sector and commercial disputes. She has an interest in alternative dispute resolution and civil litigation procedures and is a member of the CIARB. James Arrowsmith is a partner in Browne Jacobson's Commercial Insurance department and specialises in personal injury and liability insurance insurance litigation. ADR is a core part of his work and that of his team. His interest in this area has resulted in membership of the FOIL ADR group and a place as FOIL representative on the rules committee of an arbitration provider.
There has been much discussion as to what exactly fundamental dishonesty means and when it will apply. As it stands, and despite the lack of appellate authority on the matter, the County Courts are becoming more and more used to dealing with allegations of fundamental dishonesty in personal injury cases, and specifically within the context of qualified one way costs shifting.By drawing on the numerous reported decisions that deal with the concept, as well as the author's own extensive experience, this book explains what fundamental dishonesty means in practice, what to look for, the pitfalls to avoid, and the consequences if it is proved. Specifically covered are: An overall review of the qualified one way costs shifting regime. Defining fundamental dishonesty. How to deal with fundamental dishonesty in practice, and what to look out for. Strike out applications and Section 57. Discontinuance. The cost consequences of fundamental dishonesty.The book is written with both claimant and defendant practitioners in mind.ABOUT THE AUTHORJames Bentley is a personal injury and clinical negligence barrister based at Guildhall Chambers in Bristol. He has a busy practice that stretches across a wide range of matters, and is regularly instructed by both claimants and defendants in cases that involve allegations of fundamental dishonesty.
As the name implies, this book is intended to be a practical guide for those lawyers and non-lawyers who require a guide to pursuing (or defending) a claim for damages for personal injuries or clinical negligence.The key to success in all cases is preparation, so this involves knowing or researching the substantive law, knowing the procedure (the Civil Procedure Rules) and how to present cases on paper and orally before a court. The book covers these areas and provides helpful tips and tactics to improve chances of success.Worked examples include drafting interim applications and the evidence necessary, drafting skeleton arguments, making an opening and closing argument and how to appeal if things go wrong. Guidance is given on developing an advocacy style so as to persuade and influence the judge.The book will be useful for those embarking on their legal careers but will also be beneficial for more experienced practitioners who require a condensed summation in this specialist area.ABOUT THE AUTHORDorian Williams has practised as a solicitor in private practice for over 22 years, acting almost exclusively for claimants in personal injury and clinical negligence claims. Initially he worked for clients referred from a major Trades Union, specialising in industrial disease and employers' liability claims. For the last 17 years, Dorian has received a broad spread of instructions whilst working in a general high street practice, Freeman Johnson. His caseload now mostly comprises clinical negligence cases which he has has been privileged to receive, and thanks all his clients for developing his experience.When Dorian is not at work, he may be found climbing peaks in the Lake District, Peak District, Snowdonia or Majorca.
A practical, concise and easy to read handbook dealing with allegations of fraud in personal injury RTA cases. From LVI to alleged staged accidents, this book covers all the main fraud topics including relevant cases, law and practical guidance that can be used by both junior and more senior fee earners in day-to-day practice in this complex and evolving area of law. Fully updated in 2016 to include new sections in relation to:- Fundamental Dishonesty and Section 57 Update and relevant cases.The Recent Cases surrounding QOCS.Hayward v Zurich and reopening concluded settlements.QOCs and Alleged Fraud Costs Update.LVI - a more rigorous approach to litigation.The decision is Qader v Esure and Broadhurst v Tan and Costs Implications for Alleged Fraud cases.An analysis of the future of fraud litigation in practice.Updates on fraud cases and pleadings.Committal proceedings (an update).
This book focuses on the practical aspects of dealing with digital and social media legal issues and contracts for businesses on a day-to-day basis. We recommend it particularly for: general and in house legal professionals who need to deal with issues related to their organisations' digital and social media activities without incurring external fees unless really necessary; commercial, corporate and general practitioners whose clients may have requirements for advice in this area from time to time; junior lawyers with limited experience of practising in digital and social media.ABOUT THE AUTHORSherree is a consultant solicitor at Woodroffes with well over 20 years experience of advising and acting for clients on all aspects of technology, digital and social media law as well as general commercial and corporate aspects of her clients' businesses. Before joining her current long-established Belgravia law firm, Sherree spent many years at large City and national firms, over 10 of which as a partner.
Community care has recently undergone a fundamental revision. Local authorities have new duties, and people in need of care and their carers have new rights. In addition, England and Wales have gone their separate ways in setting up community care systems for the two countries. This book brings together the law in both England and in Wales, and highlights the differences between them. As well as setting out the law on assessment and the provision of services, it also outlines the options available for paying for care. The book also considers some of the wider issues which tend to affect community care, such as mental capacity, access to a person in need, and the interface between health and social care.ABOUT THE AUTHORAlan Robinson qualified as a solicitor in 1972 and has spent the whole of his working life involved with two areas of law - welfare law and work with charities and voluntary organisations. He retired from legal practice in 2010, having been running his own firm for a number of years, and now works part-time as a consultant and trainer. Alan has worked in and taught community care law from its inception in 1993.
This essential survival guide recognises that personal Injury firms are probably the most regulated type of law firm and need practical guidance. A how to survive guide for the maze of personal injury regulation and on working with Claims Management Companies (CMCs). It offers support in developing profitable and compliant relationships with CMCs being key sources of work.The book helps personal injury practitioners meet the challenge of evidencing compliance in the event of a challenge from the Courts, defendant insurers or the Solicitors Regulation Authority (SRA).ABOUT THE AUTHORPaul Bennett is a solicitor and partner in the Professional Practice team at Aaron & Partners LLP. Paul advises law firms on compliance, risk and when the SRA investigate and prosecute them. He also works with CMCs on their compliance and when the Claims Management Regulator investigates. Paul's clients range from sole practitioners to some of the largest firms in the sector.
This book provides an accessible and readable guide to the law for horse owners and riders in situations where they might want to consider their legal position and the need for legal assistance. It offers practical and commonsense advice on reducing the risk of becoming involved in litigation in the first place.Topics covered include choosing a riding school; riding safely in a school or out on roads and tracks; buying, selling and loaning horses; accidents and how to avoid them; when to make a claim and what to claim for; keeping horses at home or at livery; veterinary negligence; animal welfare and more.ABOUT THE AUTHORBrenda Gilligan is a horse-owner and rider, and a specialist clinical negligence solicitor with a niche practice in cases involving horses.
This straight-forward, plain language guide is an essential reference for all dog owners and others involved with dogs. Topics covered include: Ownership, chattels, and 'being in charge'.• Contracts for buying and selling dogs including types of contractual terms and remedies for broken contracts.• Responsibilities of being an owner including ID tags, microchipping and tattooing, stray dogs and public authority's responsibility and powers.• Tips on what to do if you are involved in an incident, defences and possible outcomes.• Dangerous dogs.• Civil compaints.• Irresponsible owners.• Dog waste.• Persistent barking.• Injuries in your home other than the criminal law• Dogs escaping.• Responsibility to other road users.• Animal welfare.ABOUT THE AUTHORA barrister with nearly 30 years in practice, both as a self-employed barrister and whilst employed by the Crown Prosecution Service. Andrea is also a fee paid Employment Judge and a Legally Qualified Chair for Police Misconduct Hearings.After her border terrier, Jasper, came into her life she discovered that dog ownership was an area of law where people were unsure of their responsibilities and their rights, and that the only books available were designed for professionals. She has since written articles for 'Lines' the Northern Border Terrier annual book, and is putting together seminars aimed at the general public. The first one at 'Borderfest', a gathering for Border terrier owners was well received.Andrea has a general interest in animal welfare, in particular dogs, and is a member of the Association of Lawyers for Animal Welfare.
An entry level guide for anyone involved with the drafting of specific construction or engineering contracts, this book looks to provide the busy professional with a road-map of how to get from desired cost, quality and time outcomes through using the most appropriate procurement route and the most appropriate contractual options available within three of the most well-known standard form construction and engineering contracts (JCT, NEC and FIDIC).A useful aide-memoire for engineers, quantity surveyors, commercial directors, owner-managed businesses and fellow solicitors alike, the book seeks to compare and contrast the standard contractual options to inform commercial decision-making which can then be accurately translated into the final draft of the contract.Written by Jon Close, a construction lawyer by profession, this publication seeks to de-mystify some of the art of drafting contracts to make the task seem less daunting and looks to help people draft better contracts to avoid uncertainty and help mitigate, what are all too often, unnecessary disputes down the line. ABOUT THE AUTHORJon Close is an English Solicitor with over 12 years' experience specialising in construction & engineering law, bringing particular contractual expertise in the procurement of energy, infrastructure, precision engineering and cyber security installations. He works daily with standard form contracts (JCT, NEC, ICC, FIDIC, IChemE, IET MF, ACA) plus a myriad of bespoke forms including funder-led EPC and EPCM for energy usage both nationally and internationally. In addition to this, Jon is a seasoned construction litigator and an accredited commercial mediator, which he firmly believes helps inform how he deals practically with risk when drafting contracts.A former head of department and partner at a regional law firm in the South West for 9 years, Jon joined new law firm pioneer, Keystone Law, in March 2016 where he continues to act for a number of well-known clients, predominantly in the UK construction market. Married with a young son, Jon lives and works from his native Gloucestershire whenever professional commitments permit him to do so.
Cosmetic surgery litigation is not like other civil litigation. Your client is often scared, emotional, embarrassed, and fearful that the cosmetic enhancement that has gone wrong will be permanent or further surgery will be needed to correct it. The Defendant will be well versed, may not be employed by the clinic or may not have insurance.An understanding of the requirements of consent, product liability, clinical negligence, who to sue, regulation of the defendant, causation, experts and heads of damage, resurrecting a company or suing out of the jurisdiction, all come into play.This practical guide is an indispensable, complete guide for the busy practitioner. Its unique format, clear layout, and concise style allows the practitioner to find essential information quickly. It is a how-to guide with handy tips, tactics and checklists.ABOUT THE AUTHORDr Victoria Handley qualified in 1998 as a solicitor after undertaking a Law Degree, Masters, Diploma and PhD in civil litigation. An experienced litigator who has represented both Claimants and Defendants, she is passionate about access to justice and the need for those harmed by the actions of others to have recourse to the courts. She writes frequently for a variety of publications.Victoria set up Handley Law to represent the needs of those harmed by others and set up the specialist departments for Solicitors for Women, care home negligence, clinical and cosmetic surgery negligence. She is faculty lecturer on informed consent and clinical negligence for London Medical Education Academy and Boyd Medical. She represented a number of women on the PIP Implant scandal GLO and oversees the specialist cosmetic surgery department focusing on breast augmentation, genital cosmetic beautification, laser eye surgery, botox and facelifts.
Personal Injury law is one of the most ubiquitous areas of legal practice yet often forms no more than a tiny fraction of a student's study of the law of Tort. This book is designed to provide the necessary background and information to take the reader from a standing start (whether law student, file handler, or litigant-in-person) to a level of understanding where they can run a claim with a real understanding of the underlying issues, the aims of such litigation and the issues which can arise. It provides a genuine touchstone for anybody involved in Personal Injury law, serving to remind them of what they are doing and why.ABOUT THE AUTHORDavid Boyle read Law at Churchill College, Cambridge and has 21 years' experience of Personal Injury work based at Deans Court Chambers in Manchester. He has a thriving practice across a broad spectrum of complex, high value, high profile and unusual Multi-Track claims, lectures at both undergraduate and postgraduate level and has been Head of Mini-Pupillage at Deans Court for 6 years.Always approachable, he has a particular appreciation of the need for clients to understand their litigation, no matter what the complexities, and has a reputation for clarity and forensic rigour in both his written and oral advocacy. In 2015, the Legal 500 said that he "Provides tactically astute, detailed advice and is able to convey this simply." He has carried that through to his writing, the critically acclaimed "On Experts" and this, his second book."He writes as he speaks: He surveys the territory with the advantage of a wealth of experience, richly leavened with a generous helping of personal anecdote, thereby combining authority with accessibility." - Turner J
This unique publication, one of the first of its kind, focuses specifically on pain cases as a topic, particularly the identification and management, rehabilitation and trial of a pain case at all its different stages. The book is of interest to both Claimant and Defendant lawyers and insurers and contains pragmatic guidance.ABOUT THE AUTHORPankaj Madan is a senior practising personal injury barrister, Deputy District Judge and Lecturer in personal injury law at 12 King's Bench Walk, London and Exchange Chambers in Leeds, Manchester and LiverpoolHe is recognised by the Legal 500 as a leading name with specialist expertise in Pain cases. He has particular expertise in high value Complex Regional Pain Syndrome claims. He acts in largely equal measure for Claimants and Defendants and he has lectured extensively to distinguished audiences on the topic, to an international audience of doctors and lawyers at the Royal Society of Medicine and The Peterhouse Cambridge Medico-Legal Conference.He is from a medical family and is married to a Consultant in Psychiatry.
Are you a new or expectant mum wondering how to navigate the realms of maternity leave and maternity pay?This book is a brief one-stop practical guide for new and expectant mums on Maternity Leave, rights during Maternity Leave and Statutory Maternity Pay for employees with a brief explanation of Shared Parental Leave as another consideration.You will find a Maternity Leave Timetable to guide you through the key stages of your pregnancy and Maternity Leave and information in relation to:- • Who is entitled to Maternity Leave; • Giving your employer notice of your pregnancy; • Working whilst pregnant; • Pregnancy-Related Illness; • Ordinary and Additional Maternity Leave; • Keeping in Touch Days and Contact with your employer during Maternity Leave; • Dismissal and Redundancy during Maternity Leave; • Returning to Work and Flexible Working; • Breastfeeding when Returning to Work; • Statutory Maternity Pay Finally; the book concludes with some Frequently Asked Questions that have been compiled from new and expectant mums.ABOUT THE AUTHORLeah Waller is Employment Law Specialist and Head of the Employment Law Department at Lennons Solicitors in Chesham. She has dealt with a variety of areas of law including Personal Injury, Dispute Resolution and Litigation, Debt Recovery, Wills and Lasting Powers of Attorney and Possession Claims but has always had a passion for Employment Law and began her legal career training under the supervision of a former Employment Tribunal Judge.Leah runs a seminar programme holding Employment Law seminars for both employees and employers offering practical advice and legal rights updates.
This book provides an up to date and useful reference tool in respect to the issues that are likely to be faced when mastering sports injury cases.Sport has become increasingly commercialised, which has in turn led to an increase in the financial stakes for participants and clubs in particular and greater financial loss should a participant suffer injury. As a result, there has been a significant increase in recourse to the courts when things go badly. Parties seek new and inventive ways to recover damages from a variety of sources for injuries sustained in the sporting context. The area of negligence in sport has moved a long way since 1985 when it was observed that there was no reported authority as to the applicable standard of care.This guide provides practical and straightforward guidance for all lawyers conducting personal injury cases in a sports law context. It is aimed at solicitors, barristers and those who might have an interest in sports injury law including sporting organisations, professional and amateur clubs, schools and local authorities and insurers. It is intended as a useful reference tool for sports lawyers and personal injury practitioners in respect of the sort of issues that they are likely to meet on a regular basis in the course of their busy practice and it provides an efficient introduction to what points should be considered at the earliest stage.The general principles in respect of liability in negligence, trespass to the person and contract are discussed in the first two chapters when considering the liability of the sporting competitor or participant to other participants and to spectators. Later chapters consider the liability of those responsible for the sporting venue, of the event promoter or organiser, of the sports official, of the sporting governing body or licensing authority and also that of the sports physician, while the available defences and the question of the assessment of damages are dealt with in separate chapters. An exposition of the current state of the law relating vicarious liability is dealt with in a separate chapter, as is the subject of abuse in the sports context.
I'm inviting you to join me on a pilgrimage I'll be making with a friend of mine! This pilgrimage will be of the imagination, of the heart. I suppose in truth, it's a fictitious pilgrimage. My friend is none other than St Francis of Assisi. For me, the imagination's a vital and an exciting tool for reliving something of a saint's life. So I'll be, as it were, 'walking and talking' with you, through these pages, about the story of the pilgrimage which'll take who knows how long. At each stage, I'll have my own personal reflections and I'll be addressing you personally in the hope to make some connection with where you might be. The story of the pilgrimage, apart from walking, is mostly about ordinary experiences: eating, resting, talking, getting irritated, being bored, embarrassed, delighted: and any other mood you care to add. I'll be picturing Francis, my friend and I hope yours also, carrying a copy of St Matthew's Gospel in his pocket, as I will myself. Maybe you'll do the same.ABOUT THE AUTHORMartin Shaw, prior to being consecrated Bishop of Argyll and The Isles in June 2004 at St John's Cathedral in Oban, was Chaplain and acting Dean of King's College Cambridge, working as a priest in Glasgow, Edinburgh, Dunoon and London. As Canon Precentor at St Edmundsbury Cathedral, he was responsible for Liturgy and Music. Since 1972 he has been a member of the Third Order of St Francis and has a particular interest in Franciscan spirituality and pilgrimage. Through his singing and writing poetry, Martin Shaw has a keen involvement in art as an important approach to Christian spirituality. Since 2010 he has been an honorary assistant bishop in the Diocese of Exeter.
'Subtle' Brain Injuries are a difficult and widely misunderstood and under-diagnosed area. The term may suggest that the injury is minor when so often the effect may be extremely serious for the individual and the family and may have a very high value in monetary terms. This book is a concise guide to identifying those brain injuries which may otherwise go undetected and uncompensated and aims to provide a short guide to help those bringing and defending such claims. It contains a brief overview, of 'Subtle' Traumatic Brain Injury ('STBI'), what it is and how to recognise it and what causes it, whether this is a psychiatric or organic injury and whether it is open to abuse by malingerers. Also covering the management of a case involving Subtle Brain Injury and what lawyers can do practically to ensure the best outcome in such a case. The aim is to enlighten this often difficult and under-appreciated side of Personal Injury Litigation.ABOUT THE AUTHORPankaj Madan is a senior practising personal injury barrister, Deputy District Judge and Lecturer in personal injury law at 12 King's Bench Walk, London and Exchange Chambers in Leeds, Manchester and Liverpool He is recognised by the Legal 500 as a leading name with specialist expertise in Brain Injury cases. He also has particular expertise in high value Complex Regional Pain Syndrome claims. He acts in largely equal measure for Claimants and Defendants and he has lectured extensively to distinguished audiences, to an international audience of doctors and lawyers at the Royal Society of Medicine and The Peterhouse Cambridge Medico-Legal Conference. He is from a medical family and is married to a Consultant in Psychiatry.
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