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Persistent link: https://www.econbiz.de/10001850883
This article deals with statutes in the UK which have established a system for recovering from damages in tort certain state benefits obtained by those who have suffered personal injury. These state benefits may take the form of social security monies or health care services. These are...
Persistent link: https://www.econbiz.de/10014176900
This article critically examines the view that insurance has lacked influence and been no more than a 'makeweight' argument in the development of tort liability. Looking at the wider context, the article describes the overwhelming importance of insurers to the litigation system and argues that...
Persistent link: https://www.econbiz.de/10012972719
This article reveals some of the tactics which lawyers may use when conducting personal injury litigation. The research is empirically based by being drawn from structured interviews with a cross section of practitioners. This qualitative evidence helps to place the rules of tort in a wider...
Persistent link: https://www.econbiz.de/10012916343
This article examines the development of structured settlements (periodic payment awards of damages for personal injury) in Britain against the longer Canadian experience of such damages. The comparison is particularly important given that many of the problems encountered in this country have...
Persistent link: https://www.econbiz.de/10012904972
This paper examines the law relating to employers' liability for causing personal injury in the UK. It compares liability in tort with the provision made by the social security scheme in paying industrial injuries benefit. It examines the different legal bases of these schemes and compares their...
Persistent link: https://www.econbiz.de/10012906009
This article seeks to identify the most reliable sources of statistical information about the workings of the personal injury litigation system in the United Kingdom to present their principal data in clear, straightforward and accessible form, and to subject them to critical analysis. These...
Persistent link: https://www.econbiz.de/10013240165
This article deals with how damages are paid for those suffering personal injury. It traces how "structured settlements", extensively used in North America, were introduced into UK law. In certain cases these settlements replace the traditional award of a single lump sum with a continuing...
Persistent link: https://www.econbiz.de/10012851035
This report deals with the extent that damages in tort for personal injury are affected by receipt of social security benefits in the UK. To what extent does provision of "collateral benefit' by the welfare state diminish entitlement to damages at common law?Since 1989 the UK has had a...
Persistent link: https://www.econbiz.de/10012825745
The introduction of structured settlements into the U.K. in 1989 has proven to be one of the most important reforms ever made to the law of damages for personal injury. It is now essential to consider the periodical payment of tort compensation in any case where serious injury is involved. This...
Persistent link: https://www.econbiz.de/10013047104