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Atiyah's Accidents, Compensation and the Law (Law in Context) (Paperback)

by Peter Cane (Author), Patrick Atiyah (Author)

4.5 out of 5 stars See all reviews (2 customer reviews)

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Product details

Paperback: 550 pages
Publisher: Cambridge University Press; Updated edition edition (26 Oct 2006)
Language English
ISBN-10: 0521689317
ISBN-13: 978-0521689311
Product Dimensions: 23.6 x 15.2 x 3.8 cm

Average Customer Review: 4.5 out of 5 stars See all reviews (2 customer reviews)

Amazon.co.uk Sales Rank: 262,920 in Books (See Bestsellers in Books)

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Product Description

Review

'… providing a thought-provoking and accessible account. … Written by a common law lawyer, Peter Cane, Atiyah's Accidents, Compensation and the Law builds on its impressive previous additions. It is extremely well-written and provides an excellent balance between theoretical considerations and practical implications of personal injury law. … well researched … well priced and exceptionally researched meaning an academic can save a considerable amount of research time.' Student Law Journal

Product Description

Since its first publication, Accidents, Compensation and the Law has been recognised as the leading treatment of the law of personal injuries compensation and the social, political and economic issues surrounding it. The seventh edition of this classic work explores recent momentous changes in personal injury law and practice and puts them into broad perspective. Most significantly, it examines developments affecting the financing and conduct of personal injury claiming: the abolition of legal aid for most personal injury claims; the increasing use of conditional fee agreements and after-the-event insurance; the meteoric rise and impending regulation of the claims management industry. Complaints that Britain is a 'compensation culture' suffering an 'insurance crisis' are investigated. New statistics on tort claims are discussed, providing fresh insights into the evolution of the tort system which, despite recent reforms, remains deeply flawed and ripe for radical reform.

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Front Cover | Copyright | Table of Contents | Excerpt | Index

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4.5 out of 5 stars (2 customer reviews)

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5 of 6 people found the following review helpful:

5.0 out of 5 stars "A must" for any aspiring personal injury lawyers, 2 Aug 2000

By A Customer

This review is from: Atiyah's Accidents, Compensation and the Law (Law in Context) (Paperback)

In many respects Peter Cane's edition of Atiyah's Accidents, Compensation and the Law is "a must" for any aspiring personal injury lawyers in England and Wales.

Its value lies not it its undoubted academic content, but moreso in the way that it allows the personal injury lawyer, obsessed with case law, legislation and day to day practicalities, to "take a step back" to look at the broader picture of compensation (from whatever source) for the victims of accident or disease.

Professor Cane's common theme throughout the book is the unfairness of the tort system. Why do such a small percentage of the injured (6.5% according to the Pearson Commission in 1978) get compensation as they can find someone liable in negligence when so many others must rely on relatively low levels of social security benefits?

The proposal is the adoption of a more egalitarian system of "no-fault" compensation, such as exists in New Zealand. This would compensate more people (at a lower level) and would be far cheaper to administer.

As Professor Cane notes, there are vested interests in our current system who would oppose such a move (at times it reads more like a Stephen King novel to lawyers!) and drawbacks to a "no-fault" scheme.

My criticism is lack of analysis of these drawbacks. In particular Professor Cane only briefly mentions the very serious problem of fraud in the UK's social security system.

The other problem is reliance upon old data, in particular from the Pearson Commission, which is now nearly 30 years old. Is the 6.5% recovery rate still realistic in today's more "sophisticated" consumer climate of widespread media accident-claim advertising etc.?

This is, nonetheless, a highly recommended book that provides plenty of "food for thought" in considering the ways that victims of accident and disease receive compensation.

John Kilmister, Solicitor and member of The Law Society's Personal Injury Panel.

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2 of 3 people found the following review helpful:

4.0 out of 5 stars More Public Policy than Practicing Lawyer Utility, 31 Mar 2001

By	T. Rogers "Prof Digory Kirke" (Jackson, MS United States) - See all my reviews (REAL NAME)

This review is from: Atiyah's Accidents, Compensation and the Law (Law in Context) (Paperback)

...I doubt that the personal injury lawyer will find the book particularly valuable compared with its utility for students of public administration or political science since it focuses primarily on issues of public policy. One minor caveat, a larger book with less crowded print would make it more user friendly.

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