Lee Vowles Bc Legal

Prior to joining BC Legal, Lee oversaw a small team of paralegals performing accelerated EL/PL/RTA claims within Kennedys LLP`s international insurance practice. 39. This is the median value of the survey of 81,000 mutual legal assistance cases closed in 1996-97 in P Pleasence Personal Injury Litigation in Practice (London: Legal Aid Board Research Unit, 1998), p. 40, figure 3.17. In 70% of successful cases, the damage was less than £5,000, although the overall average is £11,000. P Fenn and N Rickman “Costs of Low Value Liability Claims 1997–2002” report average claims of only £3,000 for employer liability claims, although this study of almost 100,000 cases only covers claims under £15,000. See www.dca.gov.uk/majrep/claims/elclaims.htm. Datamonitor, above Nos. 29-81 reports that the average general liability for bodily injury cost £4,407 in 2002. As evidence to the Legal Affairs Committee, the Trade Union Council found in 1993 that the average sum obtained in 1991 in the 150,000 cases handled by trade unions was less than £2,000. In contrast, insurers estimated for 2002 that only 1% of cases resulted in payments of £100,000 or more, but that these were responsible for 32% of the total damages paid. Lord Chancellor`s Courts Regulatory Impact Assessment Bill (2002) Table 1.

21. Plaintiffs` lawyers are now much more likely to be specialists and to work in larger and much better organized law firms than in the past. Citing figures from the Law Society, Goriely et al., item 4 of 25 above, note that even before April 2000 (when almost all legal aid for personal injury was abolished), lawyers were becoming increasingly specialised and fewer companies were engaged in this type of work. The establishment of the Association of Personal Injury Lawyers in 1990 and its subsequent activities reflect the growing skills and resources of plaintiffs` lawyers. M Williams `APIL` (1991) 19 Civil Justice Q 103. The association now has more than 5,100 members, employs 29 people and has a turnover of £1.73 million. It is very well organized and has its own press, parliamentary and research officers, as well as other administrative staff. See ALIL`s 2003 Annual Report and Financial Statements. 67. It is true that there has recently been an increase in sickness claims, the number of which, according to the compensation body, has almost tripled, from 73,000 in 2002 to 213,000 in 2004.

However, this is the result of the special compensation rules developed for respiratory diseases of miners and vibratory white finger. Nearly 740,000 such claims have been registered since 1999 and, according to www.dti.gov.uk/coalhealth/01.htm, are considered “the largest personal injury schemes in the legal history of the United Kingdom and possibly the world”. However, the shift to contingency fees for other medical claims has made lawyers much more reluctant to sue them, as acknowledged at recent meetings of the Association of Personal Injury Lawyers. For difficulties traditionally encountered by patients, see J Stapleton Disease and the Compensation Debate (Oxford: OUP, 1986). 71. Cela inclut le jury ignorant qui a refusé de tenir le défendeur désigné responsable parce que « vous avez poursuivi les mauvaises personnes. Ils auraient dû poursuivre la compagnie d’assurance. » R. Eggleston Evidence, Proof and Probability (Londres: Weidenfeld & Nicolson, 2e édition, 1983) p. 73. 126. R.

Lewis Deducting Benefits from Dunluges for Personal lnjuty (Oxford: OUP, 1999) Abs. 1.14. 81. Vgl. die in S Deakin et al. (oben Nr. 42, 144 ff. 116) angeführten Rechtssachen. Aber siehe Lord Denning dans Morris v Ford Motor Co Lrd [1973] 1 QB 792. 153.

C. Harlow und R. Rawlings Pressure through Law, Londres, Routledge, 1992, s. 60. 27. D Dewees, D Duff und M Trebilcock Exploring the Domain of Accident Law: Taking the Facts Serious (Oxford : OUP, 1996), art. 19. P A Bell und J O’Connell Accidental Justice: The Dilemmas nf Torf Law (New Haven: Yale University Press, 1997) pp 63-66. 124. R.

Lewis « Structured Settlements: An Emergent Study » (1994) 13 Civil J Q 18; R. Lewis, Structured Settlements: The Law and Practice (Londres: Sweet & Maxwell, 1993); und I Goldrein und M de Haas (Hrsg.) Structured Settlements: A Pructicul Guide (Londres: Butterworths, 2e éd., 1997). 155. Cane « Liability Rules and the Cost of Professional Insurance » (1989) 14 Geneva Papers on Risk and Insurance 347, et l’Office of Fair Trading An Analysis of Current Problems in the UK Liability Insurance Market (Londres, 2003). Pour une analyse de l’instabilité des marchés de l’assurance responsabilité, voir C Parsons « Moral Hazard in Liability Insurance » (2003) 28(3) Geneva Papers on Risk and Insurance. 8. Lord Phillips, le Master of the Rolls, a laissé entendre que les avocats ne peuvent plus être impliqués dans les réclamations de faible importance lorsque les défendeurs sont assurés et que les assureurs doivent gérer ces réclamations seuls. « Insurers should claim minor damages » [2004] Law Society Gazette, 29 avril. At the suggestion of the Better Routes To Redress Working Group on Better Regulation (2004), the Government is considering increasing the small claims limit for personal injury from £1,000 to £5,000. 82.

Hoffmann J. in Morgan Crucible Co v Hill Samuel [1991] Ch 295, p. 302. 29. Figures of the Compensation Recovery Unit for 2003-04, with 48 per cent of the total amount attributable to the engine and 37 per cent to the responsibility of the employer. Similarly, Datamonitor UK Personal Injury Litigation 2003 Fig. 5. The nature of litigation in this regard has hardly changed, since the total 88% of the Pearson Commission was only 28 more than 25 years later, above Table 11 of Volume 2 No. 6. Atiyah suspected that the relative proportion of claims had not changed.

P S Atiyah The Damages Lottery (Oxford: Hart Publishing, 1997) p. 99. 51. J. G. Fleming, supra no. 40, p. 13: “Although insurance theoretically follows liability, experience has shown that insurance often paves the way for liability. In short, it is the hidden persuader. He plays his role “from a hidden position behind the scenes”, according to H Cousy “Tort Liability and Liability Insurance: A Difficult Relationship” in H Koziol and B Steininger (eds.) European Torr Luw 2001 (Vienna: Springer, 2002). 30. Harris, point 7, Table 2.1 above, found that the most frequent accidents occurred at home or in the course of leisure or sports activities, yet very few of them gave rise to compensation.

Although accidents at work and transport dominate the criminal system, according to Pearson, supra No. 6, Volume 2, Table 57, they account for only about half of all accidents, and in Australia, less than one-fifth according to H. Luntz and D. Hambly Torts: Cases and Commentary (Sydney: Butterworths, 5th edition, 2002), p. 4. Datamonitor, above No. 6, 79 estimates that there were 7.8 million domestic accidents in 1999, of which only 0.5% could potentially lead to a successful tort action. 86. Vowles v Evans [2003] 1 WLR 1607 to 1614, Van Oppen v Clerk to the Bedford Charity Trustees [1990] 1 WLR 235.

40. J. G. Fleming The American Tort Process (Oxford: Clarendon Press, 1988), p. 21. Without insurance, the system “would have collapsed long ago under the weight of its demands and would have been replaced by an alternative and perhaps more effective accident compensation system.” J. G. Fleming The Law of Torts (Sydney: LBC Information Services, 9th edition, 1998), p. 13. 112. For example, in Lister v Hesley Hall [2001] 2 WLR 131, I was recently held liable for sexual assaults by a guard on boys at a residential school and for the intentional stabbing of the applicant by a nightclub steward outside his workplace in Matris v Pollock [2003] 1 WLR 2158.