Redress Schemes for Personal Injuries
Redress Schemes for Personal Injuries

Author: Sonia Macleod

Publisher: Bloomsbury Publishing

Published: 2017-11-30

Total Pages: 731

ISBN-13: 1509916636

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This ground-breaking book takes a fresh look at potential non-litigation solutions to providing personal injury compensation. It is the first systematic comparative study of such a large number – over forty – of personal injury compensation schemes. It covers the drivers for their creation, the frameworks under which they operate, the criteria and thresholds used, the compensation offered, the claims process, statistics on throughput and costs, and analysis of financial costings. It also considers and compares the successes and failings of these schemes. Many different types of redress providers are studied. These include the comprehensive no-blame coverage offered by the New Zealand Accident Compensation Corporation; the widely used Patient, Pharmaceutical, Motor Accident and Workers Compensation Insurance systems of the Nordic states; the far smaller issue-focused schemes like the UK Thalidomide and vCJD Trusts; vaccine damage schemes that exist in many countries; as well as motor vehicle schemes from the USA. Conclusions are drawn about the functions, essential requirements, architecture, scope, operation and performance of personal injury compensation systems. The relationships between such schemes, the courts and regulators are also discussed, and both calls and need for reforms are noted. Noting the wide calls for reform of NHS medical negligence litigation within the UK, and its replacement with a no blame approach, the authors' findings outline options for future policy in this area. This major contribution builds on general shifts from courts to ADR, and from blame to no blame in regulation, and is a work that has the potential to have a major impact on the field of personal injury redress. With contributions by Raymond Byrne, Claire Bright, Shuna Mason, Magdalena Tulibacka, Matti Urho, Mary Walker and Herbert Woopen.

Redressing Institutional Abuse of Children
Redressing Institutional Abuse of Children

Author: K. Daly

Publisher: Springer

Published: 2014-10-27

Total Pages: 316

ISBN-13: 1137414359

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Winner of the Christine M. Alder Book Prize in 2015 from the Australian and New Zealand Society of Criminology Historical abuse of children is a worldwide phenomenon. This book assesses the enablers of abuse and the reasons it took so long for officials to respond. It analyzes redress for institutional abuse in two countries, Canada and Australia, using first-hand accounts of survivors' experiences.

State Apologies to Indigenous Peoples
State Apologies to Indigenous Peoples

Author: Francesca Dominello

Publisher: Taylor & Francis

Published: 2024-08-16

Total Pages: 175

ISBN-13: 1040048501

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This book considers the ethics and politics of state apologies made to Indigenous peoples. The prevalent tendency to treat an apology as a speech act has maintained the focus on the state leader making the apology and not on the victims’ claims. This book demonstrates the inherent shortcomings of this approach through an examination of apologies delivered to Indigenous peoples in Australia and Canada. Contrasting the texts of these apologies with Indigenous peoples' responses, the book develops an understanding of apology as a relational process. This involves engaging indigenous peoples in dialogue, the aim of which would be to address past injuries by fulfilling the apology's transformative promise of 'never again' to indigenous peoples' satisfaction. The book concludes by examining more recent developments in Australia and Canada that highlight the contunuing need for government accountability to fulfil this promise and ensure indigenous people's rights and interests are upheld. This book will be of considerable interest to scholars and students in the fields of law and politics , Indigenous studies; forgiveness studies; transitional justice and reconciliation; settler colonialism and decolonisation.

Examining the Past and Shaping the Future
Examining the Past and Shaping the Future

Author: Katie Wright

Publisher: Routledge

Published: 2021-11-29

Total Pages: 131

ISBN-13: 1000488616

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The Royal Commission into Institutional Responses to Child Sexual Abuse (2013– 17) was one of the largest public inquiries in Australian history and one of the most important investigations into child abuse internationally. It facilitated a national conversation about justice for victims and survivors and how to improve child safety in the future. Through the examination of practices in key social institutions, including churches, schools, sporting clubs, hospitals and voluntary organisations, it provided new understandings of the widespread abuse that many people had experienced in the past and it made recommendations for a national redress scheme. The Royal Commission also recommended sweeping reforms in policies, practices and institutional cultures. Offering valuable insights into the Royal Commission’s history and background, its social and cultural significance, and its implications for policy development and legislative reform, this book provides a wide-ranging analysis of the work of the Royal Commission and its social, psychological, legal and discursive impact. The chapters reveal not only the complexity of the matters that the Royal Commission was dealing with and the difficulties faced by the victims of child sexual abuse, but also the challenges of researching and writing about this sensitive topic. The chapters in this book were originally published as a special issue of the Journal of Australian Studies.

The New Regulatory Framework for Consumer Dispute Resolution
The New Regulatory Framework for Consumer Dispute Resolution

Author: Pablo Cortés

Publisher: Oxford University Press

Published: 2016

Total Pages: 513

ISBN-13: 0198766351

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This book examines the impact of the new EU law in the field of consumer redress. It explores the new European legal framework and the main methods of consumer redress, analyses the implementation of the ADR Directive in various Member States, and evaluates new trends in consumer ADR.

Financial Services Act 2010
Financial Services Act 2010

Author: N N

Publisher: BoD – Books on Demand

Published: 2010-06

Total Pages: 106

ISBN-13: 386741372X

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The Financial service Act (2010) is a milestone with regard to the regulation of the financial sector in the UK. It came into force in april 2010. This book contains the whole text of the regulation as well as the explanatory notes.

European Consumer Access to Justice Revisited
European Consumer Access to Justice Revisited

Author: Stefan Wrbka

Publisher: Cambridge University Press

Published: 2015

Total Pages: 419

ISBN-13: 1107072379

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This book asks what is European consumer access to justice, and how we can improve it by means of procedural and substantive laws?

Strategies of Financial Regulation
Strategies of Financial Regulation

Author: Junghoon Kim

Publisher: Springer Nature

Published: 2020-12-03

Total Pages: 375

ISBN-13: 9811573298

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This book analyses different strategies and their results in implementing financial regulation in terms of rule-making, public enforcement and private enforcement. The analysis is based on a comparative study of conduct of business regulation on mis-selling of financial instruments in the UK and South Korea. It extends into liquidity regulation in the banking sector and credit rating agency regulation. The book concludes that in rule-making, purposive rules are more effective for achieving regulatory goals with minimal undesirable results, but a rule-making system with purposive rules can only work on a foundation of trust among rule-makers, enforcers and the regulates, that with respect to public enforcement, the enforcement strategies should combine the compliance-oriented and deterrence-oriented approaches and be continuously adjusted based on close monitoring of the regulatory outcomes and that in private enforcement, regulation should be instituted as the minimum requirement in private law.

Child Sexual Abuse Reported by Adult Survivors
Child Sexual Abuse Reported by Adult Survivors

Author: Sinéad Ring

Publisher: Taylor & Francis

Published: 2022-04-28

Total Pages: 251

ISBN-13: 0429886802

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Child Sexual Abuse Reported by Adult Survivors is a wide-ranging and timely critical history and analysis of legal responses to ‘historical’ or ‘non-recent’ child sexual abuse (NRCSA) in England and Wales, Ireland and Australia, each of which represents an evolving and progressive approach to this important and complex issue. The book examines the emergence of NRCSA as a distinctive social, political and legal phenomenon in each country and explores the legal responses developed to address its unprecedented challenges. Courts and parliaments in each country have reformed existing doctrine and practice and have created new ways of holding state and private actors accountable and new ways of addressing survivors’ injuries. Criminal law, tort law, public inquiries and state reparations have all been to the forefront of these new legal responses, which have transformed law’s engagement with NRCSA survivors and understandings of justice itself. However, despite this undeniable progress, the book identifies ways in which the legal responses developed in each country fail to deliver accountability and recognition to NRCSA survivors and argues that such failures betray the law’s inherent ambivalence to delivering justice for these survivors. Creating new insights into legal responses to this complex contemporary legal, social and political problem, this book will be of great interest to academic lawyers, political scientists and historians, as well as those working on related topics in criminology, sociology, social policy, cultural studies and gender studies.