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A Practical Guide to Running Housing Disrepair and Cavity Wall Claims 2nd ed

ISBN13: 9781911035701
Previous Edition ISBN: 9781911035404
Published: February 2018
Publisher: Law Brief Publishing
Country of Publication: UK
Format: Paperback
Price: £49.99

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The Small Claims Track change for personal injury cases is likely to come into effect in October 2019. This book looks at other areas personal injury practitioners have begun to focus in, including housing disrepair and cavity wall claims, which may not be subject to fixed costs / small claims track costs.

Generally this book covers issues in relation to housing disrepair claims and cavity wall claims, and in particular focuses on the day-to-day issues in practice that one encounters with such cases including spotting the ‘winners’ and ‘losers’ quickly and efficiently, practical tips for investigation, litigation tactics, as well as a summary of the law, the important cases, and how to run these claims efficiently.

Cavity walls claims chapters cover the nature of the claim and technical background, relevant standards, who to sue, allegations of negligence and breach of duty, disclosure, remedies, expert evidence, causation, quantum and costs. The book also covers running the claims on DBAs and coverage of the Damages Based Agreement Regulations 2013.

The Housing Disrepair section covers the nature and technical background of these claims, who to sue, contractual and statutory rights, establishing breach of duty, expert evidence, causation, quantum and costs.

The 2nd edition focuses on more recent developments in cavity wall claims over the last 6 months. The updated book covers defences, dealing with cavity wall and personal injury claims, the role of CIGA, procedural issues in the CPR, surveyors evidence and part 35, and quantum update. It focuses on our experience of the first cases going through litigation. The 2nd edition also focuses upon choosing the correct defendant, insolvent defendants and insurance issues.

Personal Injury Law, Landlord and Tenant Law
One – An Introduction to Housing Disrepair and Cavity Wall Claims
Chapter Two – Housing Disrepair: Claims Under the Landlord and Tenant Act 1985
Chapter Three – Housing Disrepair: Personal Injury Claims and Disrepair Under the Defective Premises Act 1972
Chapter Four – Housing Disrepair: Taking Instructions, Pre-Action Protocols, Expert Evidence and Disclosure
Chapter Five – Housing Disrepair Claims: Causation, Remedies, Quantum and Costs Implications
Chapter Six – Cases in Point, Litigation Issues, Limitation and Costs
Chapter Seven – What Is a Cavity Wall? A Technical Explanation
Chapter Eight – Cavity Wall Claims: Relevant Standards, Establishing Breach of Duty and Causation – Updated to Include CIGA Claims
Chapter Nine – Cavity Wall Claim: Pre-Action Protocols, Disclosure and Expert Evidence – Updated to Include Experts Duties and Choosing the Correct Surveyor
Chapter Ten – Cavity Wall Claim: Remedies, Quantum and Costs – Updated to Include Importance of Surveyors Evidence
Chapter Eleven (New) – Cavity Wall Claims and Personal Injury Claims From Damp/Mould
Chapter Twelve (New) – Choosing the Correct Defendant, Insolvent Defendants and Insurance Issues
Chapter Thirteen (New) – Defences and How to Deal With Them
Chapter Fourteen – Conclusions and the DBA Regulations 2013