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Author: Great Britain: Parliament: House of Commons: Justice Committee
Publisher: The Stationery Office
ISBN: 0215075714
Category : Law
Languages : en
Pages : 32
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Book Description
This report assesses the decision to apply sections 44 and 46 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) to mesothelioma compensation claims. These sections prevent winning claimants recovering from defendants success fees charged by their lawyers or premiums for insurance against having to meet defendants' costs (after the event, or ATE, insurance). They applied to all other personal injury claims since April 2013, but section 48 of LASPO required Ministers to undertake a review before they could be brought into effect for claims relating to mesothelioma. The section 48 review was not prepared in a thorough and even-handed manner and a fresh consultation should be undertaken. The Government was not reconciled to the concession it was forced to make to exempt mesothelioma cases from its provisions, and determined to review the exemption as soon as it could. In its haste the Government failed to ensure that relevant information, such as a cost-benefit analysis of the changes, was available to interested parties. It also shoehorned part of its section 48 review into a wider consultation on changes to the mesothelioma claims process. The Committee also urges expedition of the primary legislation needed to bring into effect the Third Party (Rights Against Insurers) Act 2010, which will enable a claim to be issued against an insurer without a judgment first having had to be obtained against an insolvent insured party. The Ministry of Justice should also work in tandem with the Department of Health to reduce delays in the production of medical records of mesothelioma victims.
Author: Great Britain: Parliament: House of Commons: Justice Committee
Publisher: The Stationery Office
ISBN: 0215075714
Category : Law
Languages : en
Pages : 32
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Book Description
This report assesses the decision to apply sections 44 and 46 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) to mesothelioma compensation claims. These sections prevent winning claimants recovering from defendants success fees charged by their lawyers or premiums for insurance against having to meet defendants' costs (after the event, or ATE, insurance). They applied to all other personal injury claims since April 2013, but section 48 of LASPO required Ministers to undertake a review before they could be brought into effect for claims relating to mesothelioma. The section 48 review was not prepared in a thorough and even-handed manner and a fresh consultation should be undertaken. The Government was not reconciled to the concession it was forced to make to exempt mesothelioma cases from its provisions, and determined to review the exemption as soon as it could. In its haste the Government failed to ensure that relevant information, such as a cost-benefit analysis of the changes, was available to interested parties. It also shoehorned part of its section 48 review into a wider consultation on changes to the mesothelioma claims process. The Committee also urges expedition of the primary legislation needed to bring into effect the Third Party (Rights Against Insurers) Act 2010, which will enable a claim to be issued against an insurer without a judgment first having had to be obtained against an insolvent insured party. The Ministry of Justice should also work in tandem with the Department of Health to reduce delays in the production of medical records of mesothelioma victims.
Author: Great Britain. Parliament. House of Commons. Justice Committee
Publisher: The Stationery Office
ISBN: 0215084063
Category : Law
Languages : en
Pages : 87
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Book Description
Since the reforms came into effect, there has been a significant underspend in the civil legal aid budget because the MoJ failed to ensure that those who are eligible for legal aid are able to access it. This has been partly been due to a lack of public information, including information about the Civil Legal Advice telephone gateway for debt advice, and the Committee recommends that the MoJ take prompt steps to redress this. The Committee also concludes that the exceptional cases funding scheme has not worked as Parliament intended. It was supposed to act as a safety net, protecting access to justice for the most vulnerable. The Committee expects the MoJ to react rapidly to ensure that the scheme fulfils Parliament's intention that the most vulnerable people are able to access legal assistance. The Government's reforms have led to an increase in the number and a change in the profile of litigants in person: increasingly these are people who have no choice but to represent themselves, and who may thus have difficulty in doing so effectively: although many tribunals are accustomed to dealing with unrepresented litigants the courts have to expend more resources in order to assist them. The MoJ has not been able to demonstrate that it has achieved value for money for the taxpayer. Although significant savings have been achieved, efforts to target legal aid at those who most need it have focused on intervention aimed at the point after a crisis has already developed, rather than on prevention.
Author: Great Britain. Parliament. House of Commons. Justice Committee
Publisher: The Stationery Office
ISBN: 0215084187
Category : Political Science
Languages : en
Pages : 29
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The Justice Committee held a pre-appoointment hearing with the preferred candidate, Mr Paul McDowell. This report contains the oral evidence from that meeting and the Committee approves his appointment. The report also contains correspondence between the Chair of the Committee and the Secretary of State, the job advertisement, the person specification used in the recruitment process, and Mr McDowell's curriculum vitae.
Author: Great Britain. Parliament. House of Commons. Justice Committee
Publisher: The Stationery Office
ISBN: 0215084659
Category : Law
Languages : en
Pages : 41
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Book Description
The Criminal Cases Review Commission (CCRC) was set up in 1997, by the Criminal Appeal Act 1995, on the recommendation of the Royal Commission on Criminal Justice. The CCRC investigates alleged miscarriages of justice, post-conviction and post-appeal, and has the power to refer cases back to the Court of Appeal for reconsideration. The Committee held a one-off evidence session on the work of the CCRC in January 2014, and then sought some views on the issues raised. The Committee subsequently decided to hold an inquiry on the CCRC, and launched it with a general call for evidence. The "real possibility" test, which requires that for a referral to be made there must be a real possibility that the conviction or sentence would not be upheld on appeal, was one of the most controversial aspects of the CCRC. The Committee found that criticisms broadly fell into one of three areas: that the test itself is wrong; that the test is being applied incorrectly by the CCRC; or that the Court of Appeal's approach to criminal appeals is overly restrictive. The Committee's considers each of these areas in turn. Critics of the test felt that it inherently prevents the CCRC from being truly independent of the Court of Appeal. The Committee concludes that any change would have to be in light of a change to the Court of Appeal's grounds for allowing appeals.
Author: Great Britain. Parliament. House of Commons. Justice Committee
Publisher: The Stationery Office
ISBN: 0215081129
Category : Land tenure
Languages : en
Pages : 40
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Book Description
Manorial rights are certain rights which were retained by lords of the manor in England and Wales when land became freehold in the early 20th century, and can include rights to mines and some minerals, sporting rights such as hunting, shooting and fishing, and rights to hold fairs and markets. In the past such rights were not required to be detailed on theregister of title, but they remained overriding - that is they bound the owner of the affected and even though they may not have known about the rights. Changes made through the Land Registration Act 2002 sought to increase the transparency and knowledge of such rights by requiring that they be registered and removing their overriding status. This Act specified a deadline - October 2013 - by which such rights should be registered to ensure they could not be lost.
Author: Great Britain. Parliament. House of Commons. Justice Committee
Publisher: The Stationery Office
ISBN: 021508084X
Category : Law
Languages : en
Pages : 32
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In this Report the Committee returns to follow up the Report which was published in January 2012 (ISBN 9780215040589) on the operation of the common-law doctrine of joint enterprise, which forms part of the criminal law relating to secondary liability. The types of cases considered are those in which P and D participate together in one crime and in the course of it P commits a second crime which D had foreseen he might commit: in such cases, under joint enterprise, D may also be charged and convicted of the second offence. The Committee considers in this report the impact of the guidance for prosecutors in joint enterprise cases which the Crown Prosecution Service (CPS) produced in response to one of the 2012 recommendations, taking into account statistics on murder and manslaughter cases with two or more defendants in 2012 and 2013 which the CPS also produced. The Committee concludes that the level of concern about the operation of joint enterprise, especially in murder cases, is such that it is no longer acceptable for the main authorities in the criminal justice system to give such limited attention and priority to the recording and collation of information and reommends that the Ministry of Justice establish a system to enable production of regular statistics on joint enterprise prosecutions, convictions and appeals. This report sets out a range of other concerns and questions which continue to be raised about the application of the doctrine, including the scale of use of joint enterprise, the question as to whether joint enterprise is being used as a social policy tool, the high number of Black and mixed race young men who have been convicted of joint enterprise offences. The evidence heard in this second inquiry into the subject has increased disquiet at the functioning of the law on joint enterprise and the Committee is no longer of the view that it is satisfactory for a consultation to be held on the Law Commission's previous proposals on joint enterprise.
Author: Committee on Nonoccupational Health Risks of Asbestiform Fibers
Publisher:
ISBN:
Category : Medical
Languages : en
Pages : 356
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Book Description
Much of the more than 30 million tons of asbestos used in the United States since 1900 is still present as insulation in offices and schools, as vinyl-asbestos flooring in homes, and in other common products. This volume presents a comprehensive evaluation of the relation of these fibers to specific diseases and the extent of nonoccupational risks associated with them. It covers sources of asbestiform fibers, properties of the fibers, and carcinogenic and fibrogenic risks they pose.
Author: Bryan Corrin
Publisher: Elsevier Health Sciences
ISBN: 0702046221
Category : Medical
Languages : en
Pages : 785
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Book Description
With an emphasis on practical diagnostic problem solving, Pathology of the Lungs, 3rd Edition provides the pulmonary pathologist and the general surgical pathologist with an accessible, comprehensive guide to the recognition and interpretation of common and rare neoplastic and non-neoplastic lung conditions. The text is written by two authors and covers all topics in a consistent manner without the redundancies or lapses that are common in multi-authored texts. The text is lavishly illustrated with the highest quality illustrations which accurately depict the histologic, immunohistochemical and cytologic findings under consideration and it is supplemented throughout with practical tips and advice from two internationally respected experts. The user-friendly design and format allows rapid access to essential information and the incorporation throughout of relevant clinical and radiographic information makes it a complete diagnostic resource inside the reporting room. Approximately 1,000 high quality full color illustrations.Provides the user with a complete visual guide to each specimen and assists in the recognition and diagnosis of any slide looked at under the microscope. Comprehensive coverage of both common and rare lung diseases and disorders. One stop consultation resource for the reporting room or study, no need to go further to get questions answered. Clinical background and ancillary radiographs incorporated throughout.Provides the user with all of the necessary diagnostic tools to make a complete and accurate pathologic report. Practical advice and tips from two of the world’s recognized experts. Provides the trainee and general surgical pathologist with time saving diagnostic clues when dealing with difficult specimens. Consistent and uniform approach incorporated for each disease and disorder (Etiology, pathogenesis, clinical features, pathologic features, differential diagnosis) User-friendly format enables quick and easy navigation to the key information required. Extensive use of summary tables, charts and graphs throughout the text. Helps simplify and clarify complex concepts and facilitates “at a glance comparisons between entities. Extensive reference list highlights landmark articles as well as including most up-to-date citations. Directs the trainee and practitioner to the most recent and authoritative sources for further reading and investigation
Author: Suzanne H. Reuben
Publisher: DIANE Publishing
ISBN: 1437934218
Category : Health & Fitness
Languages : en
Pages : 240
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Book Description
Though overall cancer incidence and mortality have continued to decline in recent years, cancer continues to devastate the lives of far too many Americans. In 2009 alone, 1.5 million American men, women, and children were diagnosed with cancer, and 562,000 died from the disease. There is a growing body of evidence linking environmental exposures to cancer. The Pres. Cancer Panel dedicated its 2008¿2009 activities to examining the impact of environmental factors on cancer risk. The Panel considered industrial, occupational, and agricultural exposures as well as exposures related to medical practice, military activities, modern lifestyles, and natural sources. This report presents the Panel¿s recommend. to mitigate or eliminate these barriers. Illus.
Author:
Publisher:
ISBN:
Category : Asbestos
Languages : en
Pages : 128
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Book Description
