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|All Authors / Contributors:||
Iain S Goldrein; Margaret R De Haas
|Description:||xvi, 290 pages : illustrations, forms ; 22 cm|
|Contents:||Part 1 General principles: the nature of structured settlements; the history of structured settlements; how a structured settlement works; conventional lump sum or structured settlement?; the criteria for a structured settlement; the negotiation, arrangement and approval or a structured settlement; the arrangement of the structure; the future. Part 2 Case law: "Foley v Fletcher and Rose"; "Inland Revenue Commissioners v Ramsay"; "Dott v Brown'; "Stachnik v Mitchell"; "Kelly v Dawes"; "Everett v Everett and Norfolk County Council"; "Payne v Thackray"; "Moxon v Senior"; "Heeley v Britton"; "Grimsley v Grimsley and Meade"; "Everett v Carter"; "Beck v Plasticisers Ltd"; "Field v Herefordshire Health Authority; "Tombs v Merton and Sutton Health Authority"; "O'Toole v Mersey Regional Health Authority"; "Lovell v Southampton and SW Hampshire Health Authority"; "Boobbyer v Johnson"; "Kearney v Caldwell"; "Marshall v Westminster City Council"; "Re A.M."; "Wickens v J & J Steel Erection Ltd"; "Rackshaw v Stallard"; "Smith v Jr Pembroke"; "Re L.O.M.; Re W.B."; "Fournier v Canadian National Railway Company"; "Metcalfe v London Passenger Transport Board"; "Burke v Tower Hamlets Health Authority"; "Braybrooke v Parker and Bicks"; discounts and diversity. Part 3 The plaintiff's solicitor's approach" what cases may be appropriate for "structuring"?; advising the plaintiff; approaching the defendants; the defendants agree in principle - what next?; trial directions; the "without prejudice" meeting; interest; the conventional sum agreed - the next steps; case study - "Everett v Carter"; payments into court; the discount; involvement of accountants; costs; commission. Part 4 Defendants' perspectives: the benefits of structured settlements for defendants and insurers; the costs of structured settlements for defendants and insurers; benefits versus costs; task analysis - who does what?; particular defendants; security; new environment. Part 5 A view from the Exchequer: the claims handling process; reasons to structure; how do structures operate?; design annuity package; obtain annuity quotation; formalizing the settlement; problems with and barriers to structured settlements; moves afoot. Part 6 Accountancy and taxation issues: general; the forensic accountant's role in structured settlements; the forensic accountant's report; the annuity; structured settlement or traditional lump sum; taxation issues; further practical considerations. Part 7 A case study. (Part contents).|
|Responsibility:||editors-in-chief, Iain S. Goldrein and Margaret R. de Haas ; with a foreword by Michael Wright.|