APIL Guide to DamagesFROM £59.00
Substantially revised, updated and expanded to help you to construct a claim for damages
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The APIL Guide to Damages sets out the general principles followed by a concise explanation of the law, practice and procedure regarding each possible head of claim. Each chapter contains a brief explanation of the law together with practical tips on evidence and procedure and is illustrated with sample calculations.
The new edition has been substantially revised and updated to take on board the many changes since publication of the second edition, including:
- PSLA - the new Judicial College Guidelines, which include commentary from Dame Janet Smith on the historic gender differential in the assessment of damages for disfigurement
- Loss of Chance - High court guidance underlining the 'scenario' approach to assessment of the effect of a head injury on solicitor (Clarke v Maltby  EWHC 1201)
- Smith v Manchester - guidance from the Court of Appeal on the Blamire approach and when it should be adopted (Ward v Allies and Morrison Architects  EWCA Civ 1287)
- Future loss of earnings - examination of the judicial application of Ogden Tables which now incorporate contingencies other than mortality
- Interim Payments - likely approach of the courts following CA decision in Eeles v Cobham Hire Services Limited  1 WLR 409
- Revised schedules of damages and worked examples throughout
10% discount for APIL Members, to take advantage of this offer please call Customer Services on +44 (0)330 161 1234.
- Pain, Suffering and Loss of Amenity (General Damages)
- Damages for Loss of Earnings
- Loss of Earning Capacity (Smith v Manchester Awards)
- Earning Capacity - Loss of a Chance
- Damages for Loss of Congenial Employment
- Pension Loss
- Damages for Gratuitous Care
- Damages for Loss of Housekeeping and Related Services (DIY/Decorating/Gardening etc)
- Medical Expenditure and Aids and Equipment
- Mobility and Transport
- Mental Incapacity and the Court of Protection
- Damages in Respect of Death
- Provisional Damages
- Periodical Payments
- Interim Payments
- Investment of Damages
"David Marshall, a former president of APIL refers to it as 'a very welcome reminder of what it is really all about - properly compensating our clients for the consequences of injury.' ... He further describes it as 'user-friendly' and so it is ... an indispensable work of reference. Its clarity and practical, no-nonsense approach offer notable benefits for busy practitioners having to grapple with this complex and sensitive subject in order to do the best for their clients ... a well-regarded work and contains much new material including new developments pertaining to future loss of earnings ... capacity ... provisional damages ... and loss of change ... If even a brief summary of the contents and scope of this book reminds you of the complexities that can emerge to confound you in your everyday practice in this area of law, you will certainly wish to add this latest edition of this highly regarded guide to your professional library."Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
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13.3 CLAIMS ON BEHALF OF DEPENDANTS
13.3.1 Fatal Accidents Act 1976 (as amended)
Heads of damage usually include the following:
(1) damages in respect of bereavement;
(2) damages for loss of dependency (income and services);
(3) funeral expenses.
13.3.2 Who may bring the claim?
The action must be brought by and in the name of the executor or administrator of the deceased. If there is no executor or administrator or no action is brought within six months of the date of death by and in the name of the executor or administrator the action may be brought by and in the name of any of the dependants. Only one action can be brought under the Act.
No action may be brought if the victim has already settled his personal injury claim, or obtained judgment, prior to death.
It is, however, legitimate to commence an action for damages during life on behalf of a victim with a short life expectancy, resolve the issues of liability and causation during life, seek an interim payment in respect of damages, and then adjourn the final assessment of damages until after the death of the victim. Such a course does not bar a claim under the Fatal Accidents Act 1976 on behalf of the dependants.
13.3.3 Damages in respect of bereavement
This is a statutory award (FAA 1976, s 1A). The award is determined at the date of death (ie the date on which the cause of action accrues). The awards have been as follows:
1 Jan 1983 – 31 Mar 1991: £3,500.00
1 April 1991 – 31 Mar 2002: £7,500.00
1 April 2002 – 31 Dec 2007: £10,000.00
1 Jan 2008 – 31 Mar 2013: £11,800.00
Death on or after 1 April 2013: £12,980.0019
Damages for bereavement may only be claimed by the spouse of the deceased, unless the deceased was an unmarried minor at the date of death in which case the award may be claimed by both parents, divided equally, if he was legitimate or by his mother alone if he was illegitimate. The Act is applied strictly in respect of the age of the deceased at the date of death.
There is no other basis for apportioning the award of damages for bereavement.
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