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  • Professional Negligence Litigation in Practice

    Professional Negligence Litigation in Practice by The City Law School,;

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    Product details:

    • Edition number 4
    • Publisher Oxford University Press
    • Date of Publication 3 January 2008

    • ISBN 9780199227570
    • Binding Paperback
    • No. of pages256 pages
    • Size 292x206x13 mm
    • Weight 644 g
    • Language English
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    Short description:

    This manual examines the law relating to solicitors' and clinical negligence disputes. It discusses the procedural aspects and rules of evidence specific to such cases and encourages students to develop their legal application and drafting skills to the high level necessary to prepare and present professional negligence cases in practice.

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    Long description:

    Professional Negligence Litigation in Practice has been specifically written to provide students with a detailed introduction to th complex legal issues surrounding professional negligence disputes. Concentrating on two specific areas of professional negligence; clinical negligence and solicitors' negligence, this manual examines and provides practical guidance on how such a case might be most effectively prepared and presented.

    Split into five distinct parts; the first part of the manual covers selected areas of the substantive law as it relates to professional negligence, namely clinical negligence and solicitors' negligence. Part II deals with the crucial procedural aspects relating to professional negligence cases, building on students' existing knowledge of the Civil Procedural Rules and examining the pre-action protocols and the role of the case management conference. Part III reflects the pragmatic approach
    adopted by the manual, and has been specifically designed to develop students' drafting skills to the advanced level required in professional negligence cases, and considering in particular the various stages associated with drafting Particulars of Claim and a Defence. Part IV equips students with a
    guide to the various legal principles, rules, practice directions, codes of guidance, and other sources, which govern the collection, preparation, and delivery of expert and non-expert evidence in clinical and solicitors' negligence cases. The final part of the manual focuses on providing students with an introduction to the key people and bodies whom they will commonly encounter in this area of practice. It also provides consideration of the availability and impact of funding arrangements on
    professional negligence cases and alternative dispute resolution.

    This manual will be an invaluable guide for students wishing to practise in civil common law chambers, particularly in the areas of professional negligence or personal injury.

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    Table of Contents:

    Introduction and substantive law
    Introduction
    Clinical Negligence
    Solicitors' Negligence
    Other professional negligence claims
    Conduct and management of proceedings
    An overview of procedure
    Early identification of issues
    Court control
    Drafting statements of case
    Drafting professional negligence particulars of claim
    Drafting professional negligence defences
    Evidence
    Non-expert evidence in clinical negligence cases
    Expert evidence in clinical negligence cases
    Evidence in Solicitors' negligence cases
    The practical context
    Who's who in professional negligence claims
    Funding professional negligence claims
    Alternative approaches to settling disputes

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