Overview

This book examines an area of personal injuries law that has been largely neglected by other writers, but which is of vital importance in practical terms when establishing quantum of damages for personal injuries. It provides detailed coverage of the law as it works in practice, but also important insights into the underlying legal principles and policy. There is comprehensive analysis of the rules relating to the deduction of social security benefits, including the Social Security (Recovery of Benefits) Act 1997 and the new rules concerning recovery of NHS costs from insurers. The book also explains in detail how the deduction of private insurance payments, gifts and charitable payments, benefits relating to employment, benefits related to the cost of care, and benefits accruing to dependants all impact upon the awards made by the Courts.

Full Product Details

Author:   Richard Lewis (Professor of Law, Professor of Law, Cardiff Law School, Cardiff University)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 17.70cm , Height: 2.20cm , Length: 25.40cm
Weight:   0.714kg
ISBN:  

9780198298601

ISBN 10:   0198298609
Pages:   350
Publication Date:   06 January 2000
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

1: Introduction PART I: THE POLICY BACKGROUND 2: Policy Versus Principle 3: The Policy of Cumulation 4: The Policy of Recoupment 5: The Policy of Reduction PART II: DEDUCTING BENEFITS OTHER THAN SOCIAL SECURITY 6: Private Insurance Arranged by the Claimant 7: Gifts and Charitable Payments of Money 8: Benefits Related to Work 9: Benefits Related to the Costs of Care 10: Benefits Accruing to Dependants 11: Scotland PART III: DEDUCTING SOCIAL SECURITY BENEFITS 12: History and Importance 13: The Present Scheme: Deduction and State Recovery of Equivalent Benefits 14: Forms and Procedures: The Operation of the Scheme In Practice 15: Particular Problem Areas 16: Reviews and Appeals 17: Disputes Relating to Causation 18: Recovery Of National Health Service Treatment Costs Appendices A. Legislation Social Security (Recovery of Benefits) Act 1997 Social Security (Recovery of Benefits) Regulations 1997 S.I. No 2205 Social Security and Child Support (Decisions and Appeals) Regulations 1999 S.I. No 991 Road Traffic (NHS Charges) Act 1999 Road Traffic (NHS Charges) Regulations 1999 S.I. No. 785 Road Traffic (NHS Charges)(Reviews and Appeals) Regulations 1999 S.I. No. 786 B. Forms Used By The Compensation Recovery Unit CRU 1 Form - Notification of a Claim for Compensation CRU 4 - Application for a Certificate of Recoverable Benefit or Benefit Information CRU 100 - Certificate of Recoverable Benefit CRU102 - Notification of Result of Compensation Claim Appeal form - used when appealing against a Certificate of Recoverable Benefit

Reviews

`provides both exposition and policy analysis which is clear, concise and well-structured. For a practitioner the detailed discussion of the social security benefit recovery scheme alone would justify the purchase price.' Medical Law Review 9, Spring 2001 `provides both exposition and policy analysis which is clear, concise and well-structured. For a practitioner the detailed discussion of the social security benefit recovery scheme alone would justify the purchase price.' Medical Law Review 9, Spring 2001 `provides both exposition and policy analysis which is clear, concise and well-structured. For a practitioner the detailed discussion of the social security benefit recovery scheme alone would justify the purchase price ...if you want to understand both the policy issues and legal complexities of collateral benefits Deducting Benefits from Damages for Personal Injury is definitely the place to start ...' Medical Law Review 9, Spring 2001 `Deducting Benefits from Damages for Personal Injury provides both exposition and policy analysis which is clear, concise and well-structured. For a practitioner the detailed discussion of the social security benefit recovery scheme alone would justify the purchase price Over the years Richard Lewis has done much, almost single-handedly, to redress that imbalance, and this book represents another major contribution to that distinguished scholarship.' Professor Michael Jones, Medical Law Review `Deducting Benefits from Damages to Personal Injury is tht rare addition to the legal literature: a book which will be of value o practitioners and academics alike.' Nick Wikeley, Journal of Social Security Law, 8 2000 `Deducting Benefits from Damages to Personal Injury is written clearly and concisely throughout, and is beautifully presented by OUP. The book will no doubt be welcomed by those with a background in personal injury litgation, but is also recommended to those coming to this area of the law anew, seeking to bring a different perspective to a thoroughly hybrid legal issue.' Robert Williams, Trust Law International, Vol. 14, No. 2, 2000 `Professor Lewis' account of the present kaw is uncontroversially excellent ... [it] breaks new ground in its depth, thus filling a gaping hole in the material available to practitioners in this area.' Robert Williams, Trust Law International, Vol. 14, No. 2, 2000 `Lewis sets up a clear conceptual framework against which the present law can be evaluated, and helps the reader to bring order to an extremely difficult body of case law.' Robert Williams, Ttust Law International, Vol. 14, No. 2, 2000 `Nobody denies the importance of this subject ... Professor Lewis plugs a gap which urgently needed to be plugged, and he does it thoroughly and readably, never forgetting that many of his readers will be harassed practitioners impatient of philosophy. The result is a book which is immediately, and is likely to remain, the definitive text on the subject.' Solicitors Journal `Everything is here. This is not a remote, ivory tower view of the area, but brings the rigour of the ivory tower to bear on real practical problems.' Solicitors Journal `invaluable text ... It is rare for a text to combine practitioner value and practical guidance with an academic insight and analysis. This book is an example ... An excellent book, and a must for the PI lawyer's shelf.' Welfare Benefits, December 1999/January 2000

invaluable text ... It is rare for a text to combine practitioner value and practical guidance with an academic insight and analysis. This book is an example ... An excellent book, and a must for the PI lawyer's shelf. * Welfare Benefits, December 1999/January 2000 * Everything is here. This is not a remote, ivory tower view of the area, but brings the rigour of the ivory tower to bear on real practical problems. * Solicitors Journal * Nobody denies the importance of this subject ... Professor Lewis plugs a gap which urgently needed to be plugged, and he does it thoroughly and readably, never forgetting that many of his readers will be harassed practitioners impatient of philosophy. The result is a book which is immediately, and is likely to remain, the definitive text on the subject. * Solicitors Journal * Lewis sets up a clear conceptual framework against which the present law can be evaluated, and helps the reader to bring order to an extremely difficult body of case law. * Robert Williams, Ttust Law International, Vol. 14, No. 2, 2000 * Professor Lewis' account of the present kaw is uncontroversially excellent ... [it] breaks new ground in its depth, thus filling a gaping hole in the material available to practitioners in this area. * Robert Williams, Trust Law International, Vol. 14, No. 2, 2000 * Deducting Benefits from Damages to Personal Injury is written clearly and concisely throughout, and is beautifully presented by OUP. The book will no doubt be welcomed by those with a background in personal injury litgation, but is also recommended to those coming to this area of the law anew, seeking to bring a different perspective to a thoroughly hybrid legal issue. * Robert Williams, Trust Law International, Vol. 14, No. 2, 2000 * Deducting Benefits from Damages to Personal Injury is tht rare addition to the legal literature: a book which will be of value o practitioners and academics alike. * Nick Wikeley, Journal of Social Security Law, 8 2000 * Deducting Benefits from Damages for Personal Injury provides both exposition and policy analysis which is clear, concise and well-structured. For a practitioner the detailed discussion of the social security benefit recovery scheme alone would justify the purchase price Over the years Richard Lewis has done much, almost single-handedly, to redress that imbalance, and this book represents another major contribution to that distinguished scholarship. * Professor Michael Jones, Medical Law Review * provides both exposition and policy analysis which is clear, concise and well-structured. For a practitioner the detailed discussion of the social security benefit recovery scheme alone would justify the purchase price ...if you want to understand both the policy issues and legal complexities of collateral benefits Deducting Benefits from Damages for Personal Injury is definitely the place to start ... * Medical Law Review 9, Spring 2001 * provides both exposition and policy analysis which is clear, concise and well-structured. For a practitioner the detailed discussion of the social security benefit recovery scheme alone would justify the purchase price. * Medical Law Review 9, Spring 2001 * provides both exposition and policy analysis which is clear, concise and well-structured. For a practitioner the detailed discussion of the social security benefit recovery scheme alone would justify the purchase price. * Medical Law Review 9, Spring 2001 *

provides both exposition and policy analysis which is clear, concise and well-structured. For a practitioner the detailed discussion of the social security benefit recovery scheme alone would justify the purchase price. Medical Law Review 9, Spring 2001 provides both exposition and policy analysis which is clear, concise and well-structured. For a practitioner the detailed discussion of the social security benefit recovery scheme alone would justify the purchase price. Medical Law Review 9, Spring 2001 provides both exposition and policy analysis which is clear, concise and well-structured. For a practitioner the detailed discussion of the social security benefit recovery scheme alone would justify the purchase price ...if you want to understand both the policy issues and legal complexities of collateral benefits Deducting Benefits from Damages for Personal Injury is definitely the place to start ... Medical Law Review 9, Spring 2001 Deducting Benefits from Damages for Personal Injury provides both exposition and policy analysis which is clear, concise and well-structured. For a practitioner the detailed discussion of the social security benefit recovery scheme alone would justify the purchase price Over the years Richard Lewis has done much, almost single-handedly, to redress that imbalance, and this book represents another major contribution to that distinguished scholarship. Professor Michael Jones, Medical Law Review Deducting Benefits from Damages to Personal Injury is tht rare addition to the legal literature: a book which will be of value o practitioners and academics alike. Nick Wikeley, Journal of Social Security Law, 8 2000 Deducting Benefits from Damages to Personal Injury is written clearly and concisely throughout, and is beautifully presented by OUP. The book will no doubt be welcomed by those with a background in personal injury litgation, but is also recommended to those coming to this area of the law anew, seeking to bring a different perspective to a thoroughly hybrid legal issue. Robert Williams, Trust Law International, Vol. 14, No. 2, 2000 Professor Lewis' account of the present kaw is uncontroversially excellent ... [it] breaks new ground in its depth, thus filling a gaping hole in the material available to practitioners in this area. Robert Williams, Trust Law International, Vol. 14, No. 2, 2000 Lewis sets up a clear conceptual framework against which the present law can be evaluated, and helps the reader to bring order to an extremely difficult body of case law. Robert Williams, Ttust Law International, Vol. 14, No. 2, 2000 Nobody denies the importance of this subject ... Professor Lewis plugs a gap which urgently needed to be plugged, and he does it thoroughly and readably, never forgetting that many of his readers will be harassed practitioners impatient of philosophy. The result is a book which is immediately, and is likely to remain, the definitive text on the subject. Solicitors Journal Everything is here. This is not a remote, ivory tower view of the area, but brings the rigour of the ivory tower to bear on real practical problems. Solicitors Journal invaluable text ... It is rare for a text to combine practitioner value and practical guidance with an academic insight and analysis. This book is an example ... An excellent book, and a must for the PI lawyer's shelf. Welfare Benefits, December 1999/January 2000

Author Information

Richard Lewis is Professor of Law at Cardiff Law School, Cardiff University

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