Download Personal Injury: Practice and Procedure in Europe by Martha Warren, Martha Warren Neocleous PDF

By Martha Warren, Martha Warren Neocleous

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Extra resources for Personal Injury: Practice and Procedure in Europe

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Cross-border service is done through letters of request to the Minister for Foreign Affairs. Local service of proceedings is carried out by the court. The plaintiff can bring in a second defendant. The defendant can bring in a third party by way of summons. If more than one person is responsible for the damage to the plaintiff, they can all be joined as defendants in the same action. If only one of more defendants appeal, only the involvement of that particular defendant will be retried. 12 Criminal proceedings concerning liability of certain officials may qualify for commencement of proceedings in a higher court.

The Ministry of Social Affairs and Health issues the Categories of Permanent and Defect of Handicap periodically, which details and updates levels of damages. Principles and guidelines Damages can be awarded in a foreign currency if they are claimed as such and sufficient evidence has been presented to substantiate their accuracy. Social security and employers’ payments When compensation is paid to the plaintiff from an award of damages, benefits from the state will be deducted. The State has a right of priority over the plaintiff’s damages.

The effect will be to reverse the burden of proof, so that the defendant must prove, on the balance of probabilities, that the conviction was erroneous or is irrelevant to the civil proceedings, or deny the facts on which the criminal conviction was based. Criminal injuries compensation scheme The Criminal Injuries Compensation Authority may pay compensation to a plaintiff injured as a result of certain road traffic offences. THE LEGAL PROFESSION Lawyers in England and Wales have the right to call themselves specialists in the field of personal injury if they are approved by the Law Society and have satisfied certain professional criteria.

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