How Much for a Leg?: Assessing the Process of Assessment of Non-pecuniary Personal Injury Damages in Scotland

ISBN-13: 9781845860936 / Angielski / Miękka / 2010 / 100 str.

William J. Stewart

Opis

'How much for my leg?' This is an apparently simple question that someone might ask their lawyer after sustaining a wrongful injury to the said limb. But, in Scotland, no fixed answer can be given. Nor can any official range of possible figures be given. Only after some serious professional work, perhaps taking many hours, can a range of figures be suggested. This study of the assessment of non-pecuniary damages for personal injury reviews the state of current approaches in Scotland, considers the conclusions of the Gill Report and compares differing approaches in jurisdictions worldwide, before presenting possible options for reform.

Spis treści

Preface; Table of Cases; Table of Legislation; 1. Introduction; 2. Alternative Methods of Assessment; 3. Analysis and Assessment of the Assessment Process; 4. Conclusions; Appendices; Appendix 1: Court-Disputed Non-Pecuniary Loss (Low Value); Appendix 2: Court-Disputed Non-Pecuniary Damages (Medium Value) (JSB Use) (Other Disputed Issues); Appendix 3: How much for a leg? Reconstruction of the CICA 2001 Tariff of Selected Listed Injuries Allocated up to £4,400 by Value rather than by Injury; Appendix 4: What People Say the Damages Should Be; Bibliography; Index.