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APIL Guide to Personal Injury Claims Procedure Second edition

Guides the reader through each step of a standard PI claim.
In Stock
ISBN/ISSN: 9781846612343

Product description

Why should you buy APIL Guide to Personal Injury Claims Procedure

APIL Guide to Personal Injury Claims Procedure guides the reader through each step of a standard PI claim providing details of the applicable procedure and focusing on common problems with consideration of the relevant case law. 

This new edition has been updated to cover:

  • The new RTA claims process 
  • Developments on Part 36 (unravelling the latest complex case law) 
  • The latest cases on disclosure, including the concept of 'proportionality' in connection with privacy, e-documents and surveillance evidence 
  • An in-depth look at expert evidence with a review of cases considering when, in personal injury litigation, this is 'reasonably required' 
  • Numerous other procedural points including developments on setting judgment aside, service and changes to the CPR


There is material in this book that would benefit the most experienced practitioner. For example, sections on when to use an expert, when more than one expert of a particular speciality is allowed and indeed the entitlement to facilities to have an expert examine a claimant, are all very comprehensive and thorough. It deals with the relevant authorities, many of which are too easily forgotten. Read the full foreword...


In the Preface to the First Edition I wrote that this book attempted to summarise and explain the procedure for dealing with a personal injury claim from receiving initial instructions through to trial or settlement. Read the full preface...

Table of contents

Foreword to the First Edition
Preface to the Second Edition
Association of Personal Injury Lawyers (APIL)
Table of Cases
Table of Statutes
Table of Statutory Instruments
Table of Protocols

  • Introduction
  • Dealings with the client
  • Dealings with the defendant
  • Case plans
  • Letter of claim
  • Acknowledgment of the letter of claim
  • Response to the letter of claim 13
  • Experts
  • Obtaining documents and giving disclosure
  • Rehabilitation
  • ADR
  • Resolution
  • Stocktake
  • The RTA Protocol
  • The EL/PL protocol
  • Destination of ex-protocol claims
  • Sanctions
Issue and Service
  • Introduction
  • The CPR
  • Review before issuing
  • How and where to issue
  • The claim form
  • Particulars of claim
  • Medical report
  • Schedule of expenses and losses
  • Funding
  • Service
  • Pre-action applications
  • Sanctions
  • Introduction
  • Time limits
  • Defendant’s address for service
  • Defendant’s funding
  • Jurisdiction
  • Content of the defence
  • Further information
  • Review of the defence
  • Action following review of the defence
  • Sanctions
Allocation and Case Management
  • Introduction
  • Allocation (and transfer)
  • Case and costs management
  • Obtaining appropriate case management directions
  • The case management conference
  • Action on receipt of case management directions
  • Sanctions
  • Introduction
  • Early and late disclosure
  • Duties with disclosure
  • Scope of disclosure in personal injury claims
  • Dealing with standard case management directions
  • Surveillance documents
  • Medical records
  • Electronic documents
  • Non-party disclosure
  • Statutory rights of disclosure
  • Bundle of documents
  • Sanctions
Factual Evidence
  • Introduction
  • Preparing witness statements for exchange
  • Dealing with exchange of witness statements
  • Review of witness statements following exchange
  • Hearsay evidence
  • Other factual evidence
  • Sanctions
Expert Evidence
  • Introduction
  • Preliminaries to expert evidence
  • Admissibility and reliance
  • Use of experts in personal injury claims
  • The expert
  • Claimant’s expert
  • Single (joint) experts
  • Defendant’s expert evidence
  • Seeking and resisting permission
  • Exchange of expert evidence
  • Questions and answers
  • Expert discussions and joint statements
  • Written or oral evidence
  • The forensic approach to expert evidence
  • Applications
  • Introduction
  • Case management powers
  • The timetable and applications
  • Making an application
  • Receiving an application
  • How the court deals with applications
  • Hearing of applications
  • Dealing with interim orders
  • Costs of applications
  • Sanctions
Pre-Trial Checklists
  • Introduction
  • Checklists and listing
  • Stocktake
  • The claimant’s checklist
  • The defendant’s checklist
  • Action following further case management directions
  • Sanctions
  • Introduction
  • Trial bundle
  • Case summary
  • Witness orders
  • Counsel
  • Advising the client
  • Final reviews
  • Judgment by the court
  • Costs at trial
  • Financial advice
  • Enforcement
  • Appeals
  • Introduction
  • Admissibility of offers
  • Alternative dispute resolution (‘ADR’)
  • Tactics
  • Part 36 offers
  • Non-Part 36 offers
  • Reaching settlement
  • Approval of a settlement
  • Discontinuance
  • Sanctions
Concluding the Claim
  • Introduction
  • Costs
  • Recovery of damages and costs
  • Unsuccessful claims
  • Private client work
  • Administration
  • Conclusion

Read the full contents