‘Occupiers, Highways and Defective Premises Claims: A Practical Guide Post-Jackson – 2nd Edition’ by Andrew Mckie
Published due: June 2018
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A practical guide to running highways, occupiers and defective premises claims in an economical and efficient way, post-Jackson and in fixed costs. This book covers issues in relation to Occupiers Liability cases (1957 and 1984), Highways cases (1980), Defective Premises (1972) and nuisance, and in particular focuses on the day-to-day issues in practice that one encounters with such cases. Includes spotting the ‘winners’ and ‘losers’ quickly and efficiently, practical tips for investigation, litigation tactics, as well as a summary of the law, the important cases in relation to highways, occupiers, nuisance and defective premises claims, the public liability low value portals and how to run these claims efficiently in fixed recoverable costs.
The book has been fully updated for 2018 to include:-
- Further fixed costs in PL/OL claims in April 2018.
- Likely changes to the PL/OL fixed costs regimes from the 2017 Jackson report.
- Costs recovery on OL/PL cases following Chapman v Tameside – An award of Fixed Costs where a claim was discontinued after late disclosure.
- Broadhurst v Tan – Award of costs beyond fixed recoverable costs.
- Sharpe v Leeds City Council – Fixed costs on PAD applications.
- Bird v Acorn – Disposal hearing – which costs apply?
- Obtaining exceptional costs – a guide in PL claims.
- An update on the leading case in Occupiers Liability claims.
- An update on the leading cases in Highways Act claims.
- An update on the leading cases in Defective Premises claims.
- Further tips for running cases post Jackson.
ABOUT THE AUTHOR
Andrew Mckie, Barrister at Clerksroom Manchester, is a specialist in claimant and defendant personal injury, with a particular interest in cases involving alleged fraud, credit hire, highways, occupiers and defective premises cases. He was previously Head of Litigation and In-House Solicitor Advocate at a claimant personal injury firm with over 50 staff.
Chapter One – Fixed Recoverable Costs, Portal Costs and Potential Routes Out of Fixed Costs and the Portal in Highways and Slipping/Tripping Claims
Chapter Two – Public Liability and Highways Claims Post-Jackson: Part 36 and Litigation Tactics – Updated 2018 to Include Broadhurst v Tan, Chapman v Tameside Health Authority, Sharpe v Leeds City Council and Bird v Acorn
Chapter Three – Public Liability and Highways Claims Post-Jackson: The Portals
Chapter Four – Public Liability and Highways Claims Post-Jackson: Causation and Initial Liability Investigations
Chapter Five – Dealing With Occupiers’ Liability Claims: The Law, Case Summaries and Gathering Evidence – Updated 2018 to Include McGeown Defences, and Updated Occupiers Cases
Chapter Six – Occupiers’ Liability Special Considerations, Children and Independent Contractors
Chapter Seven – Claims Under The Occupiers’ Liability Act 1984 – Updated 2018 With New Cases
Chapter Eight – Highways Act Claims: The Law, Important Cases and Section 58 Defences – Updated 2018 With New Cases
Chapter Nine – Public Nuisance and Other Miscellaneous Provisions: How They Can Assist With Highways Cases, The Law, Case Summaries and Practical Applications
Chapter Ten – Litigation Tips & Tactics in Slipping and Tripping Cases
Chapter Eleven – Defective Premises Act 1972 and Claims Under the Landlord and Tenant Act 1985 – Updated With New Cases
Chapter Twelve – Conclusions and Update On Fixed Costs from The Jackson Report 2017
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