Erstatningsret, skader og kompensation

This book provides comprehensive guidance for the implementation of the legal requirements of FIDIC contracts with a detailed application of project management principles. It will be an invaluable, practical resource for employers, contractors and engineers responsible for procuring and managing construction projects.

Tort Law - The American and Louisiana Perspectives, Fourth Edition, has as its primary objective a study of tort law in the United States and Louisiana. It differs from most other torts casebooks, however, in that it has a secondary objective of providing an exercise in comparative law. In the United States, we often overlook the fact that the common law system that prevails in our nation is not the only legal system in the world. Much of the world applies a civil law approach in which a civil code has a more prominent role than case law. In a world in which trade and economics, politics, and law cross national borders, it has become increasingly important to be aware of and conversant in other nations' legal systems. Louisiana, the only state in the United States that can be described as a mixed jurisdiction, using both civil law and common law, provides an excellent model for examining and comparing and contrasting civil law and common law approaches to various legal issues. This book invites the reader to both study tort law and consider the differences and similarities between the common law states and a state that has a civil code and views the role of the courts and the legislature somewhat differently.

The right to compensation for injuries caused by another's fault has been protected for over 3,700 years since The Code of Hammurabi. The expanded 3rd Edition of 'A Practical Approach to Clinical Negligence' provides clear guidance for practitioners from funding through to trial and settlement using over 400 cases supported by legislative and other reference materials. New topics include Keefe Benevolence, Notices to Admit Facts, judgement embargoes and service by NFTs as well as updated material on the topics covered in the previous editions.Geoff Simpson-Scott uses his 20 years' experience as a specialist clinical negligence solicitor to help practitioners strike a fair balance between protecting the interests of justice; patient safety; and full compensation at proportionate cost. This 3rd Edition contains a Foreword by Joel Donovan, KC (Cloisters) and an Afterword by Paul Whiteing (AvMA). Geoff is a Partner at Hodge Jones & Allen and will donate his royalties from this edition to the Millie Mittoo Children's Project.TESTIMONIALS'A Practical Approach to Clinical Negligence Post-Jackson' "is richly informed by Geoff's professional insights and his enthusiasm for good practice"- Joel Donovan, QC.CONTENTSChapter 1: Costs & FundingChapter 2: Core Legal PrinciplesChapter 3: Pre-Action PreparationChapter 4: Issue & Service of ProceedingsChapter 5: Case ManagementChapter 6: Factual EvidenceChapter 7: Expert EvidenceChapter 8: Trial & Settlement

Proportionality is a ubiquitous concept in law. While mostly associated with fundamental rights review, it also plays an important role in private law. In this context, proportionality requirements can be the result of both traditional private law reasoning and the influence of constitutional law. The present volume aims to explore different forms and functions of proportionality in selected private law contexts and jurisdictions. The contributions cover constitutional and theoretical underpinnings of proportionality's role in private law as well as specific examples of how proportionality affects private law in different areas and across different jurisdictions. They include perspectives on German and US-American private, procedural, and constitutional law as well as a special focus on the European dimension.

Der Standardkommentar zum Haftungsrecht des Straßenverkehrs erscheint in der Neuauflage in der bewährten systematischen Form, die Handbuch und Kommentar verbindet. Das Werk behandelt sämtliche Tatbestände einer verschuldensunabhängigen Haftung, erläutert die Haftung aus unerlaubter Handlung sowie alle sonstigen Haftungstatbestände und enthält alle Regelungskomplexe, aus denen sich eine Beschränkung oder ein Ausschluss der Haftung herleiten lässt. Jeweils gesonderte Abschnitte sind dem Ersatz des Sachschadens und des Personenschadens in all ihren Ausprägungen gewidmet. Ausführlich behandelt wird der Forderungsübergang auf Privatversicherer, Sozialversicherungs- und Versorgungsträger. Erläuterungen zu den prozessualen, insbesondere beweisrechtlichen Fragen der Verkehrsunfallhaftung schließen das Werk ab. In der Neuauflage wird die Rechtsprechung zum Schadensersatzrecht weiter ausdifferenziert, das neue Versicherungsvertragsgesetz eingearbeitet und der verstärkte Einfluss des internationalen und europäischen Rechts auf das Verkehrshaftungsrecht berücksichtigt.

This Practical Guide to Dental Negligence Litigation provides helpful information for lawyers who are running dental negligence cases, be that for Claimant or Defendant.The book is aimed at students and practising lawyers and gives a gentle introduction to understanding dental records and also advice and tips for running dental negligence cases as separate from clinical negligence matters.ABOUT THE AUTHORLouisa Sherlock is dual qualified in dentistry and law. She practised as a dental surgeon for over a decade, both within the NHS and privately. As well as treating patients, she assisted with the running of a busy NHS practice and helped staff to prepare for CQC inspections.Louisa carried out further training in the field of dentistry, completing a two-year diploma to become a member of the Joint Dental Faculties of the Royal College of Surgeons of England, London. Following a further qualification in aesthetic dentistry, Louisa developed a private practice involving cosmetic dentistry, invisible orthodontics and facial aesthetics. She also did some work for a nationwide facial aesthetics company. In addition, Louisa was a member of her Local Dental Committee for several years.Throughout her legal training, Louisa received numerous awards, including the Lord Denning scholarship from Lincoln's Inn.Louisa was called to the Bar in 2018 and is a member of No5 Chambers based in Birmingham and London. Most of her work is in the field of clinical negligence and personal injury. She regularly provides lectures to dental surgeons and experts on relevant legal matters as part of their Continuing Professional Development, and cross-examines experts as part of their assessments with the Expert Witness Institute.CONTENTSChapter One - Introduction to DentistryChapter Two - Breach of DutyChapter Three - CausationChapter Four - Contributory NegligenceChapter Five - ConsentChapter Six - Expert Evidence - Which Expert to InstructChapter Seven - QuantumChapter Eight - Non-Delegable Duty of Care and Vicarious Liability in Dental Negligence CasesChapter Nine - Procedural Matters in Dental Negligence CasesChapter Ten - Conclusion

The HSE has identified silica as the greatest risk to construction workers after asbestos. Despite not only the risks of respiratory crystalline silica being well known, but also clear evidence that it is attributable to hundreds of deaths per year in the UK, to date, there has not been the level of litigation that may be suspected given the size of the problem.Recently the work of the HSE, the All Party Parliamentary Group on Respiratory Health, combined with increasing litigation in the USA and Australia has shone a light again on the problems caused by respiratory silica. With increasing publicity and awareness, for both individuals and medical professionals, there is forecast to be an increase in litigation.This book is a practical guide for both Claimant and Defendant lawyers involved in this litigation; covering all stages of the litigation process, including the historical knowledge of the problems caused by silica, injuries attributable to silica and how these claims can be brought.ABOUT THE AUTHORHelen Pagett was called to the Bar by Inner Temple in 2008. She is a tenant at Crown Office Chambers and specialises in personal injury, disease, clinical negligence and inquests, including where there are fraud and fundamental dishonesty allegations. Her practice has rapidly progressed to dealing with complex and high-value claims. Before coming to the Bar, Helen read Natural Sciences at Durham University before being awarded a Wellcome Trust Studentship to complete an MA in History and Philosophy of Science and Medicine. She then converted to law at BPP Law School. She was appointed a Deputy District Judge in 2019 and sits on the South Eastern Circuit.CONTENTSChapter One - IntroductionChapter Two - What Is Silica and Respirable Crystalline Silica?Chapter Three - a Brief History of the Awareness of the Risks Posed by Exposure to Respirable Crystalline SilicaChapter Four - Duty of Care and Statutory DutiesChapter Five - Breach of Duty of Care and Statutory DutiesChapter Six - CausationChapter Seven - DamagesChapter Eight - LimitationChapter Nine - Pre-LitigationChapter Ten - Litigation