scholarly journals Tort tactics: an empirical study of personal injury litigation strategies

Legal Studies ◽  
2017 ◽  
Vol 37 (1) ◽  
pp. 162-185
Author(s):  
Richard Lewis

This paper reveals some of the tactics that lawyers may use when conducting personal injury litigation. The research is empirically based by being drawn from structured interviews with a cross-section of practitioners. This qualitative evidence helps to place the rules of tort in a wider context and suggests that tactical considerations may affect the outcome of individual cases irrespective of their legal merits. A range of strategies are considered here to illustrate how they may be used at different points during the litigation. In addition, the paper updates our understanding of the compensation system by considering the practitioners' responses in the light of the major changes made to this area of practice in recent years. It reveals how negotiation tactics have developed since research in this area was last carried out. Overall, the paper adds to a very limited literature dealing with negotiation and settlement of personal injury claims in the UK.


2016 ◽  
Vol 6 (2) ◽  
pp. 13-25
Author(s):  
H. Koch

The system for assessing appropriate damages for individuals who have suffered a personal injury, caused by another person or persons is well established in the UK. A claimant, for example, who has been in a road accident, work accident, medical accident or negligent action can make a claim for his/her physical and psychological injuries, time off work and future disability, provided it is proven that another person(s) is responsible. The system involves obtaining, medical-legal evidence on the diagnosis, causation, treatment and prognosis of any injuries, physical or psychological. One key aspect of this covers the crucial issue of evidential reliability. This paper explains the key questions facing lawyers and experts alike in the UK; fundamental postulates or beliefs about evidence; ways to improve reliability; the relevance of pre-event history and improving evidential reliability via Part 35 questioning. The UK, along with the USA, has the most advanced and developed system of personal injury litigation process.



2021 ◽  
Vol 11 (2) ◽  
Author(s):  
Timur Bocharov

This article explores current trends in personal injury litigation in Russia compared with the common law countries (the UK and US). In contrast to the British and American situation, there is no concern about the problem of “compensation culture” or “litigious behaviour” in Russian public discourse. The number of personal injury cases considered by Russian courts is not particularly high despite the growing number of accidents. This state of affairs can be explained by the influence of the Soviet culture of tort law. The most visible areas of the Soviet impact addressed in the article are liability insurance, non-pecuniary damages, and the legal profession. The article demonstrates the specificity of the Russian approach to these issues. The research is based on the analysis of judicial decisions on personal injury cases, court statistics, and expert interviews with personal injury lawyers. The findings are discussed from a historical and comparative perspective.



2010 ◽  
Vol 12 (2) ◽  
pp. 38-58
Author(s):  
Aina Strode

Students' Independent Professional Activity in Pedagogical PracticeThe topicality of the research is determined by the need for changes in higher education concerned with implementing the principles of sustainable education. The article focuses on teacher training, highlighting the teacher's profession as an attractive choice of one's career that permits to ensure the development of general and professional skills and an opportunity for new specialists to align with the labour market. The empirical study of students' understanding of their professional activity and of the conditions for its formation is conducted by applying structured interviews (of practice supervisors, students, academic staff); students and experts' questionnaire. Comparative analysis of quantitative and qualitative data and triangulation were used in case studies. As a result, a framework of pedagogical practice organisation has been created in order to form students' independent professional activity. The criteria and indicators of independent professional activity have been formulated and suggestions for designers of study programmes and organisers of the study process have been provided.



2019 ◽  
Author(s):  
Yicong Liu

BACKGROUND The transition from China to the UK can be challenging, and there is increasing concern among academics since cross-cultural learning and living may be a challenge for these students. OBJECTIVE To find out international pharmacy students’ worries and challenges as well as benefits on the transition experience from China to the UK. METHODS Semi-structured interviews were used to explore this group of students’ transition experiences. Selective transcription was done because of time limitations in the project. RESULTS The natural and cultural environment was the most pleasant experience for Tianjin students during this transition process. Cross-cultural adjustment and self-adaptability, as well as their autonomous learning ability were the main barriers for international students. CONCLUSIONS The difference between Asian and Western culture caused barriers for international students to fit into a new environment. In terms of integrating into local students, insufficient English language skills, culture shock and personality could be the influence factors. Moreover, the different teaching style and learning style could be the possible reasons for students having difficulty in an independent study. CLINICALTRIAL N/A



Author(s):  
Filippo Oncini

AbstractCOVID-19 has brought to light the severity of economic inequalities by testing the capacity of the poorest families to make ends meet. Food insecurity has in fact soared all over the UK, with many people forced to rely on food support providers to not go hungry. This paper uses a unique dataset on 55 food support organizations active in Greater Manchester during the first COVID-19 wave, and 41 semi-structured interviews with food aid spokespersons and stakeholders, to shed light on what they overcame, the complications and drawbacks of the food emergency response plan put in place. The results indicate that food aid organizations that remained open were surprisingly effective despite the growth in user demand and the decrease in volunteers. However, the necessity to maintain a timely supply food at all costs came with important drawbacks. The lockdown measures that followed COVID-19 not only affected the financial stability and management of the organizations, and the availability of food, but undermined the ways in which food support providers used to operate. Owing to physical distancing measures and to the increasing numbers of users, more or less intangible forms of support such as financial advice, empathic listening and human warmth were partially lost, probably when they were needed more than ever.



Author(s):  
Emilia Marie Wersig ◽  
Kevin Wilson-Smith

AbstractThis interpretative phenomenological analysis explores aid workers’ understanding of identity and belonging through the transition from working in humanitarian aid to returning home. Semi-structured interviews were conducted with 10 participants who had returned to the UK after working in recently founded non-governmental organisations in Northern France between 2016 and 2019. Analysis of interview data identified four superordinate themes: (1) shared humanitarian identity, (2) limits and borders, (3) holding on to humanitarian identity and (4) redefining belonging and identity. Aid workers’ belonging in humanitarian work settings is rooted in shared moral values and being able to fulfil a clearly defined role. Upon returning, aid workers struggled to reintegrate, manifesting as denial of having left humanitarian work, re-creation of the social setting and moral demarcation. Participants formed a new sense of belonging through redefining their social in-group. The study sheds light on a previously unexplored area of research, specifically characterised through the closeness of the international humanitarian setting and participants’ homes. Findings suggest organisations can assist aid workers’ re-entry by supporting professional distance in the field, and through opportunities that allow to sustain moral values post-mission. Future research should focus on the role of peer support in the re-entry process and the re-entry experiences of aid workers returning from comparable settings further afield (e.g. Greece).



Antibiotics ◽  
2021 ◽  
Vol 10 (1) ◽  
pp. 94
Author(s):  
Carolyn Tarrant ◽  
Andrew M. Colman ◽  
David R. Jenkins ◽  
Edmund Chattoe-Brown ◽  
Nelun Perera ◽  
...  

Antimicrobial stewardship programs focus on reducing overuse of broad-spectrum antibiotics (BSAs), primarily through interventions to change prescribing behavior. This study aims to identify multi-level influences on BSA overuse across diverse high and low income, and public and private, healthcare contexts. Semi-structured interviews were conducted with 46 prescribers from hospitals in the UK, Sri Lanka, and South Africa, including public and private providers. Interviews explored decision making about prescribing BSAs, drivers of the use of BSAs, and benefits of BSAs to various stakeholders, and were analyzed using a constant comparative approach. Analysis identified drivers of BSA overuse at the individual, social and structural levels. Structural drivers of overuse varied significantly across contexts and included: system-level factors generating tensions with stewardship goals; limited material resources within hospitals; and patient poverty, lack of infrastructure and resources in local communities. Antimicrobial stewardship needs to encompass efforts to reduce the reliance on BSAs as a solution to context-specific structural conditions.



2021 ◽  
Vol 9 (5) ◽  
pp. 53
Author(s):  
Rayan Sharka ◽  
Jonathan P. San Diego ◽  
Melanie Nasseripour ◽  
Avijit Banerjee

Aims: This study aimed to identify the risk factors of using DSM to provide an insight into the inherent implications this has on dental professionals in practice and trainee professionals’ education. Materials and methods: Twenty-one participants (10 dental professionals and 11 undergraduate and postgraduate dental students) participated in this qualitative study using semi-structured interviews in a dental school in the UK. The interviews were analysed and categorised into themes, some of which were identified from previous literature (e.g., privacy and psychological risks) and others emerged from the data (e.g., deceptive and misleading information). Results: The thematic analysis of interview transcripts identified nine perceived risk themes. Three themes were associated with the use of DSM in the general context, and six themes were related to the use of DSM in professional and education context. Conclusions: This study provided evidence to understand the risk factors of using DSM in dental education and the profession, but the magnitude of these risks on the uptake and usefulness of DSM needs to be assessed.



Water ◽  
2021 ◽  
Vol 13 (9) ◽  
pp. 1235
Author(s):  
Luke Waterman ◽  
Mónica Rivas Casado ◽  
Emma Bergin ◽  
Gary McInally

With increases in average temperature and rainfall predicted, more households are expected to be at risk of flooding in the UK by 2050. Data and technologies are increasingly playing a critical role across public-, private- and third-sector organisations. However, barriers and constraints exist across organisations and industries that limit the sharing of data. We examine the international context for data sharing and variations between data-rich and data-sparse countries. We find that local politics and organisational structures influence data sharing. We focus on the case study of the UK, and on geospatial and flood resilience data in particular. We use a series of semi-structured interviews to evaluate data sharing limitations, with particular reference to geospatial and flood resilience data. We identify barriers and constraints when sharing data between organisations. We find technological, security, privacy, cultural and commercial barriers across different use cases and data points. Finally, we provide three long-term recommendations to improve the overall accessibility to flood data and enhance outcomes for organisations and communities.



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