دانلود کتاب Personal Injury Schedules: Calculating Damages

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Foreword\nThe Authors\nAcknowledgements\nTable of Statutes\nTable of Statutory Instruments\nTable of Cases\nA General Principles\n 1 Introduction\n 2 The Constituent Elements\n 3 Terminology and Fundamentals\n (i) General and Special Damages\n General damages\n Special damages\n (ii) Pecuniary and Non-pecuniary Loss\n Pecuniary loss\n Non-pecuniary loss\n Overlap between pecuniary and non-pecuniary loss\n (iii) Past and Future Expenses and Losses\n Past expenses and losses\n Future expenses and losses\n (iv) Reasonableness\n (v) Proportionality\n (vi) Interest\n 4 The Aim of Compensation\n (i) Different Causes of Action\n (ii) Pecuniary Loss\n (iii) Non-pecuniary loss\n 5 Jurisdiction\n 6 The Time of Assessment\n (i) Generally\n (ii) Special Cases\n Damaged or destroyed chattels\n Reasonableness of decision-making\n Professional negligence\n Appeals\n 7 Entitlement to Claim\n (i) Entitlement in Law\n (ii) The Claimant’s Loss\n (iii) The Rule Against Double Recovery\n (iv) Actionable Injury\n (v) Recoverable Loss\n (vi) Remoteness\n 8 Proof\n (i) The Burden of Proof\n (ii) The Incidence of the Burden of Proof: Differences between Expenses and Losses\n (iii) The Standard of Proof\n (iv) The Need for Evidence\n (v) Types of Evidence\n (vi) Amount of Evidence\n (vii) Disclosure\n Pre-action disclosure\n Disclosure during the currency of proceedings\n Non-party disclosure\n Medical records\n Legal professional privilege\n Late disclosure\n Failure to disclose\n 9 Presumptions and Judicial Notice\n (i) Legal Presumptions\n (ii) Factual Presumptions\n (iii) Presumptions Which Are Not Made\n (iv) Judicial Notice\n 10 The Assessment\n (i) Pecuniary Loss\n Relevant factors\n Irrelevant factors\n Quality of life\n (ii) Non-pecuniary Loss\n 11 Exaggeration and Malingering\n (i) Conscious or Unconscious Exaggeration\n (ii) Malingering\n (iii) The Need for Psychological or Psychiatric Evidence\n (iv) Alleging Conscious Exaggeration/Malingering\n (v) Effect of Exaggeration/Malingering on the Assessment of Damages\n Unconscious exaggeration\n Conscious exaggeration/malingering\n 12 The Mechanics of the Award\n (i) Methods of Payment\n The current law\n (ii) Amount of Award\n (iii) Currency of Award\n 13 Aggravated and Exemplary Damages\n (i) Aggravated Damages\n Definition\n Applicability and assessment\n Examples of cases in which aggravated damages have been awarded\n Cases involving assault and similar torts\n (ii) Exemplary Damages\n Definition\n Applicability and assessment\n Examples of cases in which exemplary damages might be awarded\nB Schedules of Loss\n 1 The Need for a Schedule of Loss\n (i) The Background\n (ii) The Pre-action Protocols\n The Personal Injury Pre-action Protocol\n The Pre-action Protocol for the Resolution of Clinical Disputes\n The Pre-action Protocol for Disease and Illness at Work Claims\n (iii) The Civil Procedure Rules 1998 (‘CPR’)\n 2 The Purpose of the Schedule of Loss\n 3 The Content of the Schedule of Loss\n 4 The Timing of the Schedule of Loss\n 5 The Layout and Form of the Schedule of Loss\n 6 Basic Principles\n (i) ‘If you don’t ask, you don’t get’\n (ii) ‘If in doubt, include’\n (iii) ‘Only claim the arguably recoverable’\n (iv) ‘Be realistic’\n (v) ‘Don’t overstate your claim’\n (vi) ‘Double-check your figures’\n (vii) ‘Presentation, presentation, presentation’\nC Compiling the Evidence\n 1 Introduction\n 2 Quantification of Expenses and Losses\n 3 The First Interview\n 4 Medical Records\n (i) The Need for Medical Records\n (ii) Types of Medical Records\n (iii) Procedure for Obtaining Medical Records\n Entitlement\n Disclosure to the defendant\n 5 Collating the Proof\n (i) General\n (ii) Questionnaire\n (iii) Documentary Evidence\n The more the better\n Employment details\n HM Revenue and Customs\n Receipts, invoices, valuations and estimates\n Utility bills\n Bank and credit card statements\n AA, BNA and other associations\n CRU\n 6 Statistical and Actuarial Evidence\n 7 Expert Evidence\n (i) The Need for Expert Evidence\n (ii) General Principles under the CPR\n (iii) The Initial Medical Report\n (iv) Instructions to the Expert\n (v) Problems with Particular Experts\n Care experts\n Employment consultants\n Forensic accountants\n (vi) Refusal of the Claimant to Undergo Examination\n (vii) The Single Joint Expert\n The agreed or jointly selected expert under the PAPPIC\n The single jointly instructed expert\n The court-appointed single joint expert\n (viii) Challenging a Joint Expert\n (ix) Questions to Experts\n (x) Expert Discussions/Meetings\n General\n Format and agenda for meetings between experts\n Presence of lawyers at expert meetings\n Joint statements\n Unilateral meetings\n (xi) Change of Expert’s Opinion\n (xii) Change of Expert\n (xiii) Shadow Experts\n (xiv) The Role of Expert Evidence at Trial\n 8 The Claimant’s Instructions\n (i) Progress Reports\n (ii) Expert Evidence\n (iii) Expenses/Losses\n 9 The Claimant’s Best Interests\n 10 Witness Statements\n (i) Introduction\n (ii) Evidence in Chief\n (iii) Form of the Statement\n (iv) Content of the Statement\n (v) Supplemental Statements\n 11 Interim Payments\n 12 Other Evidence\n (i) Photographs\n (ii) Video Evidence\n Admissibility\n ‘Day in the life of’ videos\n Specific heads of loss\n Specific procedures or techniques\n Surveillance videos\n Video link evidence\n 13 Advice on Evidence and Part 18 Requests\n (i) The Need for Advice on Evidence\n (ii) What the Advice Should Cover\n (iii) Part 18 Requests\n The need for a Part 18 request\n The timing of the request\nD Non-Pecuniary Loss (General Damages)\n 1 Introduction\n (i) Definition\n (ii) Heads of General Damage\n (iii) Inclusion in the Schedule of Loss?\n 2 Damages for PSLA\n (i) Compensable Damages\n (ii) The Constituent Elements of PSLA\n Pain and suffering\n Loss of amenity\n The elements combined\n (iii) Investigation\n (iv) The Assessment of PSLA\n The theory\n The aim of the award for PSLA\n Limits on the award\n The Judicial Studies Board Guidelines\n Sources of case law\n Updating figures from comparable cases\n A jury question?\n Computer valuation?\n (v) Problem Cases\n (vi) Factors Influencing the Award for PSLA\n Pre-existing disability\n Acceleration cases\n Further intervening injury – ‘novus actus interveniens’\n Subsequent injuries\n Suicide\n Multiple injuries\n Cases of shock\n Psychiatric Injury\n Stress and bullying cases\n Loss of life expectancy and fear of impending death\n Age of the claimant\n Sex of the claimant\n The claimant’s means\n Effect on others\n The stoical or indomitable claimant\n Inability to care for loved one\n Inability to carry out domestic assistance\n Personality change\n Rape\n (vii) Heil v Rankin and Simmons v Castle\n The background to Heil v Rankin\n The decision in Heil v Rankin\n The background to Simmons v Castle\n The decision in Simmons v Castle\n Updating awards for Heil v Rankin\n Updated Judicial Studies Board Guidelines\n Heil v Rankin table\n 3 Other Heads of General Damages\n (i) Loss of Congenial Employment\n History of the award\n Applicability of the award\n Assessment of the award\n (ii) Loss of Job Security\n (iii) Loss of Enjoyment of a Holiday\n (iv) Loss of Leisure\n (v) Loss of Marriage Prospects and Marriage Breakdown\n (vi) Loss of Use\n 4 Overlap Between General Damages and Other Heads of Loss\n 5 Novel and Unrecognised Heads of Non-Pecuniary Loss\n (i) Novel Heads of Non-Pecuniary Loss\n (ii) Unrecognised Heads of Non-Pecuniary Loss\nE Interest on Non-Pecuniary Loss (General Damages)\n 1 Entitlement to Interest\n 2 The Rate\n 3 The Period\n 4 The Theory\n 5 The History\n 6 The Lord Chancellor’s Decision\nF Past Expenses and Losses\n 1 Introduction\n 2 Loss of Earnings\n (i) Adult Claimant Unemployed at the Date of the Injury\n (ii) Adult Claimant with a Steady Job\n (iii) Reduced Hours\n (iv) Retraining\n (v) Adult Claimant Working ‘On the Black’\n (vi) Adult Self-employed Claimant\n (vii) Partnership\n (viii) The Lost Chance of Pursuing a Business Opportunity\n (ix) Difficult Cases\n 3 Pension Loss\n 4 Medical and Treatment Expenses\n (i) General Principles\n ‘Reasonable’ medical expenses\n Failure to make use of NHS services\n Casusation of medical expenses\n Alternative treatment and remedies\n Hydrotherapy pools\n (ii) Services Provided by the NHS\n (iii) Road Traffic Cases\n 5 Medication and Prescription Expenses\n 6 Care and Case Management\n (i) Commercial Care\n Different types of private care regime\n Reasonableness of past care regime\n (ii) Care Provided by Local Authorities\n (iii) Gratuitous Care\n Who can claim?\n Care provided by defendant\n Proposals for change\n Threshold tests for recovery?\n For what services are damages recoverable?\n The quantum of damages\n Lump sum award\n Care provided during hospital visits\n (iv) Deductions to Avoid Double Recovery\n Payments received in relation to past care\n The domestic element\n Deductions to take account of pre-existing and normal parental care\n (v) Case Managers\n (vi) Other Types of Care/Supervision\n 7 Fertility, Pregnancy, Child Birth and Childcare\n 8 Aids, Equipment and Appliances\n 9 Assistive Technology\n 10 Prosthetics and Orthotics\n 11 Accommodation and Housing Expenses\n (i) The Claimant’s Home\n (ii) Adaptations to Houses of the Claimant’s Close Relatives\n (iii) Increased Household Expenses\n 12 Travel and Transport Costs\n (i) Generally\n (ii) Costs of Attending Legal and Medico-legal Appointments\n (iii) Assessment of Travel Expenses\n (iv) Transport and Increased Running Expenses\n (v) Adapted Motorhomes and Caravans\n (vi) Other Vehicles or Modes of Transport\n (vii) Evidence\n (viii) Hospital Visits\n Travel and associated expenses\n Recovery versus social contact\n Loss of earnings\n (ix) Travel Expenses Which Would Have Been Incurred In Any Event\n (x) Travel Expenses Incurred Fulfilling Duties to Others\n 13 Damaged or Destroyed Clothing and Property\n (i) General Principles\n (ii) Clothing / footwear\n (iii) Vehicle Damage\n (iv) Loss of Use\n (v) Profit-earning Chattels and Corporate Loss of Use Claims\n 14 Inability to Perform Domestic Activities\n 15 Inability to Care for Others\n 16 Increased Household Bills\n 17 Increased Holiday Expenses\n 18 Increased Leisure Costs\n 19 Costs of Relationship Breakdown and Divorce\n 20 Costs of Administering the Claimant’s Affairs\n (i) Court of Protection and Deputyship Fees\n (ii) Transaction and Investment Charges\n (iii) Trust Fees where Claimant is a Child but Likely to have Capacity as an Adult\n (iv) Trust Fees where Claimant is Competent\n (v) Accountancy Fees where Claimant is Competent\n 21 Education\n 22 Additional Insurance Costs\n 23 Miscellaneous Expenses\nG Interest on Past Expenses and Losses\n 1 Introduction\n 2 Requirements under the CPR\n 3 The General Principle\n (i) The Presumption\n (ii) The Calculation\n (iii) The Special Account Rate\n (iv) The Future Rate\n (v) Compound or Simple Interest\n 4 Methods of Calculation\n (i) Prokop\n (ii) Dexter\n 5 Choosing the Appropriate Method of Calculation\n 6 The Effect of Interim Payments\n (i) General Principles\n (ii) Interest Earned on Interim Payments\n (iii) A Different Approach\n 7 Payments Received Prior to the Commencement of Proceedings\n 8 Subrogated Claims\n 9 Social Security (Recovery of Benefits) Act 1997\n 10 Part 20 Claims\n 11 Gratuitous Care\n 12 Hire Charges\n 13 Delay\nH Future Expenses and Losses\n 1 Introduction\n 2 One-off Future Expenses and Losses\n 3 Ongoing Future Expenses and Losses\n (i) The Theory\n (ii) The Multiplicand\n (iii) The Multiplier\n (iv) Wells v Wells\n (v) The Consequences of Wells v Wells\n Judicial discount\n Actuarial tables\n Roberts v Johnstone\n General damages\n How the claimant actually spends his or her award\n Criticisms of the multiplier/multiplicand method of assessment: a structural flaw\n (vi) The Lord Chancellor’s Power to Set the Discount Rate\n The Damages Act 1996\n The 2001 Consultation Process\n The 2012–2016 Consultation Process\n ABI’s Application for Permission to Judicially Review the Lord Chancellor\n The Lord Chancellor’s Decision to Set the Rate at −0.75%\n The 2017 Consultation Process\n The Draft Legislation\n The Justice Committee\n (vii) Application to Adjourn when a Change to the Discount Rate is Expected\n (viii) Damages Act 1996, s 1(2): Warriner v Warriner\n (ix) Foreign Cases\n (x) Criminal Injuries Compensation Scheme\n (xi) Investment Advice\n (xii) Ogden 8\n (xiii) Specific Multipliers\n Multipliers for loss of earnings\n Multipliers in respect of claims for care / assistance / DIY / gardening etc\n Other reduced multipliers\n 4 Life Expectancy\n (i) The Presumption of Normal Life Expectancy\n (ii) Factors Affecting Life Expectancy\n Sex of the claimant\n Medical factors\n Quality of care and favourable economics\n Psychiatric factors\n Lifestyle factors\n Other factors\n (iii) The Assessment of Life Expectancy\n General principles\n Medical evidence\n Statistical evidence and life expectancy databases\n DEALE methodology\n Worked examples\n (iv) Agreed Life Expectancy\n (v) Agreed Reduction of Years\n (vi) Statistical Reduction from Normal Life Expectancy\n (vii) Assessment of Lifetime Multiplier in the Absence of Agreement\n 5 Periodical Expenses and Losses\n (i) The Averaging Method\n (ii) Periodic Multiplier\n (iii) Applying the Individual Discount Factors\n 6 Delayed Recurrent Expenses and Losses\n 7 Broad Brush or Global Assessments\n 8 Contingency Awards\n 9 Individual Heads of Future Loss and Expense\n (i) Loss of Earnings\n General principles\n Employment consultant’s evidence\n Residual earning potential of the claimant\n Discounts for tuition fees\n Discounts for travelling and other expenses\n Discounts for contingencies other than mortality\n Calculating the loss: Ogden VI methodology\n Claimants of different ages\n Female earnings\n Loss of the chance of a specific job opportunity or career\n The lost chance of a promotion or career advancement\n Retirement ages – the Pensions Act 2007\n (ii) Loss of Earning Capacity / Handicap on the Labour Market\n General principles\n Identifying the risk\n Assessment of the appropriate level of award\n Evidence\n The duty to plead\n The claimant in a superior (better paid) employment\n One-man business\n Claimant unemployed at date of trial\n Claimant already at a disadvantage on the open labour market\n Effect of the Disability Discrimination Act 1995\n Continuing partial loss of earnings\n (iii) The Blamire Award\n (iv) Pension Loss\n Introduction\n Money purchase or defined contribution pensions\n Final salary or defined benefit pensions\n Evidence of pension loss\n The calculation\n Multipliers\n Discount for contingencies\n Discount for loss of chance\n Effect of other pensions\n Early receipt of pension and lump sums\n Shortened life expectancy\n Too many imponderables: lump sum calculation\n (v) Future Medical Treatment and Therapy Expenses\n (vi) Future Fertility, Pregnancy, Childbirth and Childcare Costs\n (vii) Future Medication and Prescription Expenses\n (viii) Future Care and Case Management\n Lump sum or periodical payments?\n Recovery in principle\n Proportionality\n Calculating the appropriate lump sum\n Care periods\n Rates of pay\n Notional weeks per annum\n Allowance for a contingency over and above 60 notional weeks a year\n Hours of double up\n Difference between Sleep-in and Waking Night Care\n Allowance for a waking night care contingency\n Team Leader\n Allowance for gratuitous care on top of a 24-hour care package\n Allowance for cleaning on top of 24-hour care regime\n The Need for Staff Handovers\n 24-hour carer not utilised the whole time\n Manual Handling and Other Risk Assessments\n Deduction for gratuitous care from professional package\n Earnings-Related National Insurance Contributions (ERNIC)\n Pension Contributions\n Other On-costs\n (ix) Future Aids, Equipment and Appliances\n (x) Future Assistive Technology (also sometimes referred to as Information Technology)\n (xi) Future Prosthetics and Orthotics\n (xii) Future Accommodation\n Additional Rental Costs\n Relocation Costs and One-Off Expenses\n Capital Costs of Purchasing a Property\n Negative Discount Rate\n Credit for Accommodation Expenses which would have been Incurred in any Event\n Adaptation Costs\n Reinstatement Costs\n Equipment and Assistive Technology\n Adaptating Properties of Friends and Family\n Costs of Building a Property\n Increased Annual Running and Maintenance Costs\n Multiple Homes\n Handicap on the accommodation market\n (xiii) Future Travel and Transport Expenses\n (xiv) Future Clothing and Property\n (xv) Inability to Perform Domestic Chores, Painting, Decorating, Home Maintenance and DIY etc\n (xvi) Inability to Care for Others\n (xvii) Future Increased Household Bills\n (xviii) Future Holidays\n Recovery in principle\n The multiplicand\n The multiplier\n Examples of awards made\n (xix) Increased Leisure Expenses\n (xx) Cost of Managing the Claimant’s Affairs\n The Court of Protection and deputyship fees\n Deprivation of Liberty and Best Interests Decisions\n Financial advice\n (xxi) Costs Resulting from Relationship Breakdown and Divorce\n (xxii) Future Education Costs\n (xxiii) Future Increased Tax Liabilities\n (xxiv) Future Increased Insurance\n (xxv) Future Miscellaneous Expenses/Losses\nI The Claim for Lost Years\n 1 Introduction\n 2 The Rationale behind ‘Lost Years’ Claims\n 3 Types of Claim\n (i) Limited to Pecuniary Loss\n (ii) Recognised Claims\n (iii) The Chance of Income during the Lost Years\n (iv) Income Earned on Investments\n (v) DIY/Decorating/Gardening\n (vi) Providing Gratuitous Care to Others\n 4 Principles of Assessment\n (i) General Principles\n (ii) Deduction for Living Expenses\n 5 Methods of Assessment\n (i) Two Main Methods of Assessment\n (ii) Separate Multiplier and Multiplicand\n Calculation of the multiplier\n Calculation of the multiplicand\n (iii) An Alternative Method of Assessment: Adjustment to the Existing Multiplier\n 6 The Calculation\n (i) Does it Matter Whether the Victim is Young or Old?\n (ii) Is the Income and Standard of Living of the Victim Relevant?\n (iii) What is Not Included in Living Expenses?\n (iv) What are ‘Living Expenses’?\n (v) How is the Problem of Shared Expenses Tackled?\n What are shared expenses?\n How are shared expenses apportioned?\n (vi) How are the Words ‘Pro Rata’ to be Applied in Practice?\n 7 Practical Considerations\n (i) Married Person with No Children – Application of Harris\n (ii) Married Person with Children – Application of Harris\n (iii) Young Married Person – Application of Harris\n (iv) Unmarried Person – Application of Harris\n (v) Investigations into Expenditure\n 8 Worked Examples\n (i) Example 1\n Loss of earnings during the lost years\n Loss of pension during the lost years\n (ii) Example 2\n Chart for calculating living expenses\nJ Recovery of State and Collateral Benefits\n 1 Introduction\n 2 Recovery of State Benefits\n (i) Background\n (ii) Applicability\n (iii) The Relevant Period\n (iv) Certificate of Recoverable Benefits\n (v) Liability of the Compensator\n (vi) Reduction of Compensation Payment\n (vii) Schedule 2\n (viii) When the Court Decides\n (ix) Review and Appeals Regarding the Certificates of Recoverable Benefits\n Review\n Appeals\n (x) Part 36 Offers and Payments Into Court\n Payments into Court\n Part 36 Offers\n Case law\n (xi) Exempted Payments\n Payments exempted by primary legislation\n Payments exempted by secondary legislation\n (xii) Interest\n (xiii) Benefits Not Caught by the Statutory Recoupment Scheme\n 3 Collateral Benefits\n (i) Charitable Payments\n (ii) Insurance Payments\n (iii) Sick Pay\n (iv) Permanent Health Insurance\n (v) Tribunal or Court Awards\n (vi) Pensions\n Disablement pension\n Retirement pension\n Other pensions\n (vii) Redundancy Payments\n (viii) Tax Rebates and Savings\n (ix) Social Security Benefits Outside the Statutory Recoupment Scheme\n Benefits received as a result of the injuries sustained\n Benefits that would have been received in any event\n (x) Future Statutory Benefits\n Listed statutory benefits\n Unlisted benefits\n (xi) CICB/CICA Awards\n (xii) Foreign State Benefits\n (xiii) Accounting Devices\n (xiv) Summary of Collateral Benefits\nK Counter-schedules\n 1 Introduction\n 2 Requirements of the CPR\n (i) The Need for a Counter-schedule\n (ii) Format of the Counter-schedule\n (iii) Layout of the Counter-schedule\n (iv) Contents of the Counter-schedule\n (v) Timing of the Counter-schedule\n (vi) Who Must be Served With a Copy of the Counter-schedule?\n 3 The Aims, Layout and Style of the Counter-schedule\n (i) The Aims of the Counter-schedule\n (ii) The Layout of the Counter-schedule\n (iii) The Style of the Counter-schedule\n 4 General Principles\n (i) The Claimant Must Prove His or Her Loss\n (ii) Failure to Plead a Head of Loss\n (iii) Financial Limit on Claims\n (iv) Duty to Plead a Positive Case\n (v) Reasonableness\n Reasonableness of the claim\n Reasonableness of amount claimed\n (vi) Claimant’s Duty to Mitigate Loss\n Introduction\n The duty to plead\n The burden of proof\n A question of fact or law?\n The standard to be expected\n The benefit of mitigation\n Worsening of condition\n Expenses incurred during attempts to mitigate loss\n Impecuniosity\n Common examples of failure to mitigate loss\n (vii) Double Recovery and Overlapping Heads of Loss\n (viii) Betterment\n (ix) Malingering\n The duty to plead\n Evidence\n Assessment and costs\n Anxiety/litigation/compensation neurosis\n Failure of the claimant’s legal representatives properly to investigate\n No finding of malingering\n (x) Causation\n Introduction\n The tests for causation of injury\n Factual causation\n Legal causation (remoteness)\n (xi) Evaluating Chances and Discounting for Contingencies\n General\n Certain events in the past\n Hypothetical events dependent upon the claimant’s actions alone\n Hypothetical events dependent upon the actions of third parties\n The chance of better treatment\n Discounting for contingencies\n (xii) The ‘Domestic Element’\n (xiii) Accelerated Receipt\n (xiv) No Entitlement to Claim in Law\n (xv) Illegality (‘ex turpi causa non oritur actio’)\n (xvi) Limitation of Actions\n (xvii) Damage Arising Before the Cause of Action Arose\n (xviii) Contributory Negligence\n (xix) Rehabilitation\n (xx) The Rule in Henderson v Henderson\n (xxi) De Minimis\n 5 General Damages\n (i) Pain, Suffering and Loss of Amenity (‘PSLA’)\n (ii) Loss of Congenial Employment\n (iii) Handicap on the Labour Market\n (iv) Loss of Marriage Prospects and Marriage Breakdown\n (v) Loss of Enjoyment\n (vi) Loss of Use\n General\n Hire of alternative vehicles\n Credit hire\n Company cars\n Profit-earning vehicles\n 6 Specific Heads of Pecuniary Loss\n (i) Loss of Earnings\n General\n Methods of calculation\n The unemployed claimant\n The self-employed claimant\n The fraudulent claimant\n Earnings from illegal sources\n Working ‘on the black’\n The Blamire award\n (ii) Pension Loss\n Principles of general application\n Money purchase schemes\n Final salary schemes\n (iii) Accommodation\n (iv) Travel and Transport Expenses\n The claimant’s travel expenses\n Travel expenses of friends and relatives\n (v) Medical Expenses and Treatment\n General\n Treatments without proven benefit\n NHS/Private\n (vi) Care\n Paid care\n State provision\n Gratuitous care\n Domestic assistance\n Case managers\n (vii) Destroyed or Damaged Clothes and Possessions\n (viii) Aids and Equipment\n (ix) DIY, Decorating, Car Maintenance, Car Valeting and Gardening\n (x) Holidays and Leisure Activities\n (xi) Court of Protection Costs\n (xii) Deputyship Fees\n (xiii) Investment Advice\n (xiv) Miscellaneous Expenses\n 7 Future Loss: Multipliers\n (i) The Discount Rate\n (ii) Life Expectancy\n (iii) Specific Multipliers\n Loss of earnings multipliers\n Disability status\n The multiplier for the claimant’s earnings but for the injury\n The multiplier for the claimant’s residual earnings\n Contingencies other than mortality\n Pension loss multipliers\n Care and domestic assistance multipliers\n Aids and equipment multipliers\n DIY, decorating, gardening, car maintenance multipliers\n Court of Protection multipliers\n (iv) Split Multipliers\n (v) Inflation\n (vi) Tax\n 8 Interest\n (i) The Requirement to Plead\n (ii) The Details of the Claim\n (iii) Loss/Expense Not Incurred Yet\n (iv) Discretion\n (v) The Rate of Interest\n (vi) Interim Payments\n (vii) Voluntary Payments\n (viii) State Benefits\n (ix) Smith v Manchester Awards\n (x) Delay\n 9 Premature Issue of Proceedings\n 10 Making Concessions\nL Fatal Accident Claims\n 1 Introduction\n 2 Types of Fatal Accident Claim: an Overview\n (i) Statutory Basis\n (ii) The Estate’s Claim on Behalf of the Deceased\n (iii) The Relatives and Dependants’ Claim in Their Own Right\n Procedural requirements\n Bereavement and psychiatric injury claims\n The dependants’ claim\n (iv) Summary Table of Main Types of Claim\n (v) Stillbirth Claims\n 3 The Estate’s Claim on Behalf of the Deceased Under the Law Reform (Miscellaneous Provisions) Act 1934\n (i) Pain, Suffering and Loss of Amenity\n (ii) Deceased’s Pre-death Loss of Earnings\n (iii) Loss of Expectation of Future Capital\n (iv) Pre-death pecuniary losses / special damages\n (v) Funeral Expenses\n (vi) Probate Fees and Inquest Costs\n (vii) State Benefits\n (viii) Miscellaneous One-off Expenses/Losses including IHT\n 4 Claims Made by Relatives for Bereavement Awards Under the Fatal Accidents Act 1976\n 5 The Dependants’ Claim Under the Fatal Accidents Act 1976\n (i) Who Can Claim?\n (ii) Entitlement to Claim\n (iii) Exclusion of Business Relationships\n (iv) Calculating the Loss\n The statutory objective\n Method of assessment: an overview\n The multiplicand\n The multiplier\n (v) Type of Loss\n (vi) Financial Dependency\n Dependency on earnings\n Dependency on pension\n The cost of replacing the deceased’s entrepreneurial skills\n Illegality of the source\n Claims for the loss of appreciating assets\n (vii) Support by children\n (viii) Two family households\n (ix) Dependency on gifts, holidays, luxuries, weddings etc\n (x) Dependency on damages from a preceding accident\n (xi) Service Dependency\n The theory\n The calculation of lost services\n (xii) Loss of Intangible Benefits\n (xiii) Benefits Arising Out of Death in Dependency Cases\n Pensions\n Replacement family carers\n Income from investment capital\n Employment and insurance related benefits\n (xiv) Other Factors in the Calculation of Dependency\n Length of the dependency – pre-existing health issues\n Length of the dependency – relationship breakdown\n Prospects of marriage/remarriage\n Adoption\n Reconciliation\n (xv) Apportionment\n The need to apportion\n Method of apportionment\n Apportionment between surviving spouses and children\n Apportionment between children\n Apportionment under the Civil Procedure Rules\n (xvi) Contributory Negligence\n (xvii) Inheritance Tax\n (xviii) Payments Received From the Deceased’s Estate or Life Insurance\n (xix) Evidence\n (xx) Summary of Relevant Factors, Traps and Pitfalls\n Summary of relevant factors\n Traps and pitfalls to avoid\n 6 Interest\n (i) Interest on claims under the Law Reform (Miscellaneous Provisions) Act 1934\n (ii) Interest on claims under the Fatal Accidents Act 1976\n (iii) Proposals to Change Interest Calculations\n 7 Periodical Payments and Structured Settlements\nM Damages for the Dying\n 1 Introduction\n 2 Preparing the Schedule\n (i) Overview\n (ii) General Damages\n (iii) Past Expenses and Losses\n (iv) Future Loss During Life\n (v) Future Loss After Death\n 3 Defendants’ Arguments\n 4 The Comparative Calculation\n (i) Major Factors\n Example 1 – Husband with non-earning wife\n Example 2 – Husband with earning wife\n Example 3 – Single man, living alone\n (ii) Minor Factors\n 5 Practical Considerations\n 6 Periodical Payments\nN Professional Negligence Claims\n 1 Introduction\n 2 Date of Conclusion\n 3 Personal Injury Damages\n 4 Subsequent Developments\n 5 Social Security Benefits\n 6 Interest on Personal Injury Award\n 7 Professional Negligence Damages\n 8 Interest on Professional Negligence Damages\n 9 Chances of Success\n 10 Conclusion\nO Periodical Payments\n 1 Introduction\n 2 Rationale\n 3 Procedural Provisions\n 4 Agreements as to Form of Payment\n 5 Why Ask for a Periodical Payment Order?\n 6 How Does the Court Decide Whether to Make an Award?\n 7 Inter-relationship with Interim Payments\n 8 Form of Order\n 9 Need to Consider Life Expectancy\n 10 Security of Payments\n (i) Ministerial Guarantee\n (ii) Protection under the Financial Services Compensation Scheme\n (iii) A government or Health Service body\n 11 The Appropriate Index\n 12 Variable Orders\n 13 Assignment and Charge of Right to Receive Payments\n 14 Part 36 Offers\n 15 Appeals\n 16 Miscellaneous points\n 17 Foreign cases\n 18 Pros and Cons of the Periodical Payment System in Operation\n 19 Other Methods of Providing for Future Loss\n 20 Schedules\nP Personal Injury Schedules in the Employment Tribunal\n 1 Introduction\n 2 Compensation for Discrimination\n 3 Entitlement to Interest on Discrimination Awards\n 4 Injury to Feelings\n 5 Taxation of Awards for Injury to Feelings\n 6 Personal Injury Awards\n 7 Aggravated Damages\n 8 Exemplary Damages\n 9 The Calculation of Future Losses and the Ogden Tables\n 10 Procedural Guidance and the Ogden Tables\n 11 Unfair Dismissal\nQ Precedents\n Important notes regarding the Precedents\n 1 Questionnaires\n (i) General Accident Questionnaire\n (ii) Road Traffic Questionnaire\n 2 Claim 1 – Provisional Schedule of Loss and Response\n (i) Schedule of Loss\n (ii) Counter-Schedule of Loss\n 3 Claim 2 – Small Claims Track\n (i) Schedule of Loss\n (ii) Counter-Schedule of Loss\n 4 Claim 3 – Fast Track\n (i) Schedule of Loss\n (ii) Counter-Schedule of Loss\n 5 Claim 4 – Multi-track Fatal Accidents Act (using a multiplier calculated from the date of trial)\n (i) Schedule of Loss\n (ii) Counter-Schedule of Loss\n 6 Claim 5 – Multi-track Fatal Accidents Act (using a multiplier calculated from the date of trial – alternative presentation)\n (i) Schedule of Loss\n (ii) Counter-Schedule of Loss\n 7 Claim 6 – Multi-track Catastrophic Injury\n (i) Schedule of Loss\n (ii) Counter-Schedule of Loss\n 8 Example Scott Schedule\n 9 Examples of Interest Calculations\n (i) Example Interest Calculation on General Damages\n (ii) Example Interest Calculation on Past Losses and Expenses\n 1. Summary of the Claim\n 2. Interest on Past One-off Losses and Expenses\n 3. Interest on Continuing Losses and Expenses\n 10 Information Required to Calculate a Claim for the Loss of a Final Salary/Defined Benefit Type of Pension\n 11 Examples of Pension Loss Calculations\n (i) Single Man, Defined Benefit Pension and No Lump Sum (Traditional Auty v NCB Approach Using the Life Tables)\n (ii) Single Man, Defined Benefit Pension and No Lump Sum (Modern Approach Using the Ogden Pension Loss Tables)\n (iii) Married Man, Defined Benefit Pension and No Lump Sum (Traditional Approach Using the Life Tables)\n (iv) Married Man, Defined Benefit Pension and Lump Sum Payment (Modern Approach Using the Ogden Pension Loss Tables)\n (v) Single Female, Defined Benefit Pension With Reduced Potential Lump Sum (Modern Approach Using the Ogden Pension Loss Tables)\n (vi) Female Employee in Occupational Money Purchase Scheme (Modern Approach Using the Ogden Pension Loss Tables)\n 12 Accommodation Claims\n 13 Example of Schedule for Dying Claimant\n 14 Example Periodical Payments Schedule of Loss\nIndex