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Book Cover
Author Exall, Gordon, 1962-

Title Munkman on damages for personal injuries and death
Edition Twelfth edition / Gordon Exall
Published London : LexisNexis, 2011


Location Call no. Vol. Availability
 MELB  KN 38.1 A1 Exa/Mod 2011  AVAILABLE
Description xxxix, 414 pages ; 26 cm
Contents Contents note continued: Benefit recovery of defined benefits -- The relevant period -- Listed deductible benefits to be paid in the future -- The benefits equivalent to heads of damage -- Recoverable benefits -- How the recoupment system works -- Recoupment and the assessment of damages -- Recoupment and interest -- Recoupment and Part 36 offers -- Repayments by the compensation recovery unit belong to the claimant -- The judgment in Hilton -- ch. 19 Damages in anticipation of death and for shortened life expectancy -- Effect of judgment or settlement prior to death -- The issues facing a claimant with reduced life expectancy caused by the defendant's negligence -- The effect of reduction of life on the award for pain, suffering and loss of amenity -- The claim for losses prior to death -- The appropriate multiplier for future losses when there is reduced life expectancy -- Differing judicial approaches -- Guidance in the actuarial tables -- Assessing life expectancy --
Contents note continued: Citation of cases as illustrations -- The correct approach: taking judicial notice -- Over-citation of awards -- ch. 9 Damages for pecuniary loss: past loss and multipliers -- Measure of damages: the proved loss or expense -- The principle - exact recompensation -- Past loss -- Future financial loss - the problem of assessment -- Calculations in relation to future loss - the multiplicand -- The multiplier -- Wells v Wells: definitive guidance -- The Damages Act 1996 rate -- An end to arbitrary discounting for contingencies of life -- Approval of the ̀Ogden Tables' -- Which Tables are used? -- Use of the life expectancy Tables -- Where life expectancy is reduced -- Multipliers in other cases -- Judicial reluctance to work outside Tables -- ch. 10 Claims for loss of earnings -- The basic position -- Loss of earnings: the starting-point of the calculation -- Probable future earnings (apart from the accident) -- Future increases or reductions --
Contents note continued: Disregard of benefits arising out of the death: The Fatal Accidents Act 1976, s 4 -- Payments made by the defendant -- ch. 21 Valuing a dependency claim -- The dependency is set at the date of death -- Not just mathematics -- The deceased's income -- Losses are not confined to pure income -- The dependency calculation -- Difficult issues in dependency claims -- Cultural factors in relation to support from an adult child -- ch. 22 Non-dependency damages in fatal cases -- Funeral expenses -- Bereavement damages -- Injuries and losses of the deceased prior to death -- ch. 23 Damages and procedure -- The Pre-Action Protocol -- Issuing proceedings - High Court or county court? Rules governing the choice of court -- The contents of the claim form -- Calculating value for the purpose of the statement of value -- The contents of the Particulars of Claim -- Drafting Schedules: guidance from the rules -- The dangers of exaggeration -- Statement of truth --
Contents note continued: Establishing that the need for the accommodation arises from the injuries -- Capital costs and alterations -- Outgoings and living expenses -- ch. 14 Other heads of damages -- The increased sophistication of claims for damages -- Inability to do work around the home and DIY -- Clothing and items damaged in the accident -- Aids and appliances -- Medical and hospital expenses -- Transport costs -- Cost of managing disabled person's damages -- ̀Extra nourishment' and convalescence -- Wrongful birth -- Damages that are recoverable -- ch. 15 Provisional damages -- No obligation to claim provisional damages -- When is a claim for provisional damages appropriate? -- Potential problems with causation are not a bar to an award being made -- The exercise of the discretion -- Specific conditions -- Consequences of a provisional award -- Making a claim for provisional damages -- Causation at a later date -- No upper limit on time for subsequent application --
Contents note continued: Future inflation not taken into account -- Special factors in the trade -- Self-employed and company earnings -- Pension losses -- Potential future earnings (after the accident) -- Full allowance should be made -- The court looks at the reality of the situation -- The duration of the incapacity -- The duration of the loss -- Benefits other than money -- Fraud and working illegally -- The limited nature of the illegality defence -- Unused earning capacity -- Deductions from loss of earnings -- ch. 11 Future loss of earnings and earnings capacity for the employed and self-employed -- The apparently different approaches in relation to future loss of earnings -- The appropriate multiplier for future loss of earnings -- The appropriate approach to loss of earnings on a multiplier/multiplicand approach -- Disability in the labour market -- The Blamire award - future earnings where there is uncertainty -- Claims for loss of chance --
Contents note continued: Loss of earnings and the self-employed -- ch. 12 Claims for care and nursing expenses -- The growing importance of care claims -- What is ̀care'? -- The vague definition of care -- An issue of fact? -- Issues that assist in defining and quantifying ̀care' -- Quantifying care -- Commercial healthcare -- Care provided by family members or friends -- Quantification of the claim -- There is no set deduction: the decision in Evans v Pontypridd Roofing -- The Law Commission approach -- Providing evidence to the court -- Claims for a mixture of future gratuitous and professional care: how future needs are assessed -- Claims in minor and non-severe cases -- Claims for household assistance -- The importance of the Daly principle -- Claims do not extend to assistance provided in claimant's business -- A claim can be made for loss of ability to act as a carer -- ch. 13 Accommodation costs --
Contents note continued: The award for losses after death -- Are funeral expenses recoverable for a claimant with impaired life expectancy? -- Claims for loss of income during the ̀lost years' -- No ̀lost years' award to child claimants -- DIY in the ̀lost years' -- Summary of differences between ̀lost years' claims and Fatal Accident Act claims -- Practical solutions for a living claimant with dependants -- The ̀lost years' calculation -- ch. 20 Damages on death: basic principles -- Rights of action on death -- Historical background -- The two elements of the claim -- The type of incident that can give rise to a Fatal Accident Act claim -- Standing in the shoes of the deceased -- Claimants under the Fatal Accidents Act must be dependants -- The statutory definition -- The dependant has to show a loss of a benefit -- The type of loss that must be shown: the ̀reasonable expectation' test -- What kind of loss supports a claim -- The burden of proof -- A ̀jury issue' --
Contents note continued: The defendant's response to the claim for damages -- A distinct difference of views -- Witness statements and damages -- Proving the loss -- Appeals and damages -- ch. 24 Interest on damages -- The statutory basis of the award -- The obligatory nature of the power -- The county court -- Explanation of the power -- Interest can be varied to suit the justice of the case -- Interest when there are Compensation Recovery Unit payments or where money is to be repaid to employers -- Delay and adjournments -- When a party is brought into an action after the issue of proceedings -- Interest when there is an interim payment -- No tax on interest -- Interest in fatal accident act cases
Contents note continued: The personal loss covers more than pain -- The elements of a claim for pain, suffering and loss of amenity -- Where the claimant suffers multiple injuries -- Acceleration cases -- ch. 7 Damages for shock, psychiatric injury and workplace stress -- Psychiatric injuries and the law of damages -- Shock -- Stress at work: a special case -- Some special considerations in sexual abuse cases -- ch. 8 Assessing general damages: use of comparable cases and the Judicial Studies Board Guidelines -- Current levels of damages as a guide to quantum -- The need for uniformity -- The development of the Judicial Studies Board Guidelines -- The effect of the Guidelines -- Decisions of the lower courts -- The Guidelines and several injuries -- The approach of the trial judge -- Adjustment for inflation -- Brackets or ranges of damages? -- Other jurisdictions -- Jury awards -- No ̀comparable cases' in financial loss claim -- No doctrine of precedent in damages --
Contents note continued: ch. 16 Periodical payments -- Amendments to the Damages Act -- The obligation on the court to consider periodical payments -- Periodical payments do not change the basic law relating to the assessment of damages -- The court can impose a periodical payment order at trial or assessment of damages but cannot insist that the parties settle on that basis -- Factors involved in the court's duty to consider periodical payments -- Matters that must be set out in the award -- The court can order differing amounts over time -- Ensuring security for the claimant -- Variable orders -- Income tax and state benefits -- ch. 17 Deductions and set-offs against financial loss -- Damages are designed to compensate -- Should a deduction be made? -- Insurance and similar payments disregarded -- Income tax -- ch. 18 The effect of benefits and the statutory recoupment of DSS benefits -- Benefits that are not subject to recoupment -- Future unlisted benefits --
Contents note continued: Causation and asbestos cases - the development of the ̀Fairchild exception' -- ch. 4 Mitigation of damages -- The ̀duty' to mitigate loss a misnomer? -- The burden of proof -- Consequences of failure to mitigate -- Common issues of failure to mitigate loss in personal injury actions -- ch. 5 Special forms of damages: Exemplary and aggravated damages -- Some special forms of damages -- A second basis upon which to award exemplary damages -- Exemplary damages in personal injury cases? -- Aggravated damages -- Should the court expressly separate the awards for pain and suffering and aggravated damages? -- What amounts to exceptional cases? -- Unnecessary medical treatment -- Damages for rape -- The true purpose remains compensation -- ch. 6 Damages for personal loss: disablement, pain, suffering and loss of amenity - what is being compensated? -- Personal loss as an element in damages -- The claim for the physical injury is compensation and not a solatium --
Machine generated contents note: ch. 1 The purpose of damages in personal injury cases -- Damages are compensation in money -- Meaning of compensation -- Damages are not punitive -- Universality of the reparation principle -- Damages must be full and adequate -- Damages are normally assessed once and for all -- Difficulty and uncertainty of assessment does not preclude an award of damages -- Circumstances where the courts will allow a postponement of the trial date -- A finding of contributory negligence does not affect the court's assessment of damages -- ch. 2 Overview of the types of damages in personal injury cases -- Quantification -- ch. 3 Remoteness of damage and causation -- Remoteness of damage: practical difficulties -- Remoteness in practice -- Issues of remoteness in cases of negligence or breach of statutory duty -- Novus actus interveniens -- Remoteness of damage: distinction between breach of contract and tort --
Notes "A Butterworths title"--T.p. verso
"First published in 1996"--T.p. verso
Original ed. published as: Damages for personal injuries and death / John Munkman. Butterworth, 1956
Previous ed.: 2004
Bibliography Includes bibliographical references and index
Subject Compensation (Law) -- England.
Compensation (Law) -- Wales.
Damages -- England.
Damages -- Wales.
Personal injuries -- England.
Personal injuries -- Wales.
Author Munkman, John H. Damages for personal injuries and death
ISBN 1405755652 (hbk.)
9781405755658 (hbk.)