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Atiyah's Accidents, Compensation and the Law
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Atiyah's Accidents, Compensation and the Law
By
Peter Cane, Patrick Atiyah
Description
Since its first publication, Accidents,
Compensation and the Law has been recognised as the leading treatment
of the law of personal injuries compensation and the social,
political and economic issues surrounding it. The seventh edition of
this classic work explores recent momentous changes in personal
injury law and practice and puts them into broad perspective. Most
significantly, it examines developments affecting the financing and
conduct of personal injury claiming: the abolition of legal aid for
most personal injury claims; the increasing use of conditional fee
agreements and after-the-event insurance; the meteoric rise and
impending regulation of the claims management industry. Complaints
that Britain is a \\\'compensation culture\\\' suffering an \\\'insurance
crisis\\\' are investigated. New statistics on tort claims are
discussed, providing fresh insights into the evolution of the tort
system which, despite recent reforms, remains deeply flawed and ripe
for radical reform.
• New edition of definitive text
on personal injuries law taking account of recent significant changes
in the law of tort • Probes the social and economic factors
giving rise to the current tort systems and explores claims that
Britain suffers from a compensation culture • Offers new
statistical evidence to provide a comprehensive overview of the
evolution of the law of tort
Contents
Part I. The Issues in Perspective: 1.
Introduction: surveying the field; Part II. The Tort System in
Theory: 2. Fault as a basis of liability; 3. The scope of the tort of
negligence; 4. Departures from the fault principle; 5. Causation and
remoteness of damage; 6. Damages for personal injury and death; 7. An
appraisal of the fault principle; Part III. The Tort System in
Operation: 8. Claims and claimants; 9. Tortfeasors and insurers; 10.
Trials and settlements; Part IV. Other Compensation Systems: 11.
First party insurance; 12. Compensation for criminal injuries; 13.
The social security system; 14. Other forms of assistance; Part V.
The Overall Picture: 15. A plethora of systems; 16. The cost of
compensation and who pays it; 17. The functions of the compensation
systems; Part VI. The Future: 18. Accident compensation in the 21st
century.
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