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APIL Guide to Tripping and Slipping Cases 2nd edition

A one-stop guide covering all the legal disciplines affecting a trip or slip case
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£74.99
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ISBN/ISSN: 9781784730765

Product description

Why you should buy APIL Guide to Tripping and Slipping Cases

Tripping and slipping cases form a large part of the typical personal injury lawyer's practice. Not all cases are straightforward; many involve complex questions of law.

The APIL Guide to Tripping and Slipping Cases is a one-stop text. It covers all the legal disciplines that can come into play in a tripping or slipping case - Local Government, Landlord and Tenant, Occupier's Liability, Highways, Health and Safety at Work, and so on. It gives detailed guidance on the applicable law, procedure and practice. It has a big library of precedents, from checklists and letters through to Statements of Case. Most of the relevant guidelines are included as appendices, and the facts and principles of the key cases (often contained in inaccessible law reports) are distilled into case summaries.

This new edition has been revised to include the following developments:

  • Substantial changes at common law in respect of the way in which the tort of nuisance can be deployed in Highway cases (with particular reference to the Court of Appeal decisions of Valentine v Transport for London and another [2010] EWCA Civ 1358 and Ali v Bradford MDC [2012] 1 W.L.R. 161) 
  • An update of recent case law pertaining to the application of the s.58 statutory defence (particularly in respect of the allocation of resources, and the effect of non-compliance with the Code of Practice), arising out of the authorities of Wilkinson v City of York Council [2011] EWCA Civ 207, and AC v Devon CC [2013] EWCA Civ 418 
  • Consideration of the circumstances in which a Ward v Tesco defence still applies in light of Butcher v Southend-on-Sea BC [2014] EWCA Civ 1556 
  • An update to the Workplace Accidents section, in view of the introduction of the Enterprise and Regulatory Reform Act 2013

Preface

In some ways, not much has happened in the world of tripping and slipping since the publication of the first edition of this book (in APIL form) back in 2010.

But what has happened has had significant consequences for personal injury practitioners – both those acting for claimants and those acting for defendants. Any highway action founded in the tort of nuisance is now all but dead. The scope of the section 58 Defence has been defined further in the cases of Wilkinson v City of York and AC v Devon County Council. The National Code of Practice (Well Maintained Highways) briefly reared its head as a potential benchmark against which to judge highways authorities, but quickly went off the radar. Read the full preface...

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Table of contents

  • Preface
  • Association of Personal Injury Lawyers (APIL)
  • Table of Cases
  • Table of Statutes
  • Table of Statutory Instruments
  • Selecting the Defendant
  • The Definition, Classification and Creation of Highways
  • The Structure of Local Government
  • The Statutory Duty of Highway Authorities to Maintain
  • Negligence
  • Nuisance
  • The Liability of Occupiers
  • The Liability of Landlords
  • Miscellaneous Statutory Duties in the Workplace
  • Preparing a Case
  • Appendices
    • Precedents
    • Case Summaries
    • HSE Risk Assessment Materials
    • Civil Procedure Rules
    • Guidelines
    • Safety at Street Works and Road Works Extract from the Code of Practice
    • Photographs
    • Addresses
    • Well Maintained Highways – Code of Practice: Suggested Highway/Footway Hierarchy and Inspection Regimes
    • Metric and Imperial Units of Length
  • Index
Read the full contents