This ground-breaking book takes a fresh look at potential non-litigation solutions to providing personal injury compensation. It is the first systematic comparative study of such a large number – over forty – of personal injury compensation schemes. It covers the drivers for their creation, the frameworks under which they operate, the criteria and thresholds used, the compensation offered, the claims process, statistics on throughput and costs, and analysis of financial costings. It also considers and compares the successes and failings of these schemes. Many different types of redress providers are studied. These include the comprehensive no-blame coverage offered by the New Zealand Accident Compensation Corporation; the widely used Patient, Pharmaceutical, Motor Accident and Workers Compensation Insurance systems of the Nordic states; the far smaller issue-focused schemes like the UK Thalidomide and vCJD Trusts; vaccine damage schemes that exist in many countries; as well as motor vehicle schemes from the USA. Conclusions are drawn about the functions, essential requirements, architecture, scope, operation and performance of personal injury compensation systems. The relationships between such schemes, the courts and regulators are also discussed, and both calls and need for reforms are noted. Noting the wide calls for reform of NHS medical negligence litigation within the UK, and its replacement with a no blame approach, the authors' findings outline options for future policy in this area. This major contribution builds on general shifts from courts to ADR, and from blame to no blame in regulation, and is a work that has the potential to have a major impact on the field of personal injury redress. With contributions by Raymond Byrne, Claire Bright, Shuna Mason, Magdalena Tulibacka, Matti Urho, Mary Walker and Herbert Woopen.
This ground-breaking book takes a fresh look at potential non-litigation solutions to providing personal injury compensation.
... Redress Schemes for Personal Injuries (2017)) No-fault compensation schemes have been surprisingly prevalent in providing redress for personal injuries, where they have been used ... Compensation Schemes for Personal Injuries I. Introduction.
The book discusses compensation mechanisms and other non-judicial means that offer alternatives to court proceedings, designed and provided for within national legal regimes.
136 The Personal Injury Discount Rate: How it should be set in the future (Ministry of Justice, ... (CEDR) and Trust Mediation Limited to mediate disputes arising from personal injury and clinical negligence incidents and claims.
95 M Galanter, 'Reading the Landscape of Disputes: What We Know and Don't Know (And Think We Know) About Our Allegedly Contentious and Litigious Society' (1983) 31 UCLA Law Review 4, 19; HM Kritzer, Risks, Reputations and Rewards: ...
Online resources The text is supported by online resources which provide a comprehensive suite of resources, including downloadable annotated cases, flashcard glossary, and web links and video clips of current items.
... compensation schemes (and indeed of tort law) is that it raises the question of why we should compensate for accidents but not for naturally acquired diseases. After all, there is no difference in need between an individual who is born ...
This book investigates whether class actions in Europe are indeed a Holy Grail or just another wrong turn in the continuing pursuit of just and effective means of protecting the rights of citizens and businesses.
The book examines recent systems and developments in all these areas, and makes proposals of profound importance for reform. This is a new blueprint for liberty, solidarity, performance, and achievement.
of liability, encourages apologies, explanation and mediation, and so to result in legal costs being reduced. i. Overview of CNORIS a. The Filtering and Funding of Potential Clinical Negligence Claims in Scotland As a defence ...