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Clough & Clough on Personal Injuries

 

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Clough & Clough on Personal Injuries
Dec 2023


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PART 1: INTRODUCTION
Chapter 1: Introduction
Chapter 2: Internal referencing - List of Cases, Books, Appendices
Chapter 3: The flow charts
Chapter 4: Definitions

PART 2: EARLY CONSIDERATIONS
Chapter 5: Important concepts before the beginning of the action
Chapter 6: Limitation period
Chapter 7: The PI Questionnaire, Check List Review Notice and Check List Review hearing
Chapter 8: The “milestone dates”
Chapter 9: When documents must be filed/lodged/served

PART 3: SETTLEMENT
Chapter 8: Mediation
Chapter 9
Chapter 10
Chapter 11: Sanctioned offers, sanctioned payments, and Calderbank offers

PART 4: DISCOVERY, FBP AND INTERROGATORIES
Chapter 12: Discovery
Chapter 13: FBP
Chapter 14: Interrogatories
Chapter 15: Voluntary particulars

PART 5: WITNESS STATEMENTS
Chapter 16: Purpose of WSs and underlying objectives of the CJR
Chapter 17: Procedural aspects
Chapter 18: Contents
Chapter 19: When should decisions as to admissibility be made by the Court – at the interlocutory stage or at trial?
Chapter 20: Striking out
Chapter 21: Rules as to supplementary witness statements

PART 6: EXPERT EVIDENCE
Chapter 22: Leave or consent is required to adduce expert evidence
Chapter 23: Consequences of a party failing to obtain consent or leave
Chapter 24: Considerations when determining whether to grant leave
Chapter 25: Timetable for expert meeting and adducing expert reports
Chapter 26: Individual experts, a single joint expert, or a joint expert report?
Chapter 27: Liability Experts
Chapter 28: Quantum Experts
Chapter 29: What are the duties of an expert?
Chapter 30: Duties of practitioners when instructing experts
Chapter 31: Quantum Reports
Chapter 32: Communications with experts
Chapter 33: Types of expert evidence
Chapter 34: Questioning or clarifying the existing expert reports
Chapter 35: Court’s role
Chapter 36: Weight given to an expert report?

PART 7: INTERLOCUTORY JUDGMENTS
Chapter 37: Entering IJ
Chapter 38: Assessing damages
Chapter 39: Setting aside default judgments

ANNEXES

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