THE UNIVERSITY of EDINBURGH

DEGREE REGULATIONS & PROGRAMMES OF STUDY 2020/2021

Information in the Degree Programme Tables may still be subject to change in response to Covid-19

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DRPS : Course Catalogue : School of Law : Law

Postgraduate Course: Personal Injury (Practical Elective) (LAWS11437)

Course Outline
SchoolSchool of Law CollegeCollege of Arts, Humanities and Social Sciences
Credit level (Normal year taken)SCQF Level 11 (Postgraduate) AvailabilityNot available to visiting students
SCQF Credits5 ECTS Credits2.5
SummaryThis course aims to provide you with a practical approach and hands-on learning experience in relation to personal injury. It is designed to encourage in-class discussion, reflective learning, self study and use of the ongoing skills aquired on the Diploma core courses.

Over the seven weeks, you will work through a series of case studies, adapted from 'real life' cases, focusing on the different steps along the way from the pre-litigation stage through to settlement negotiations. Background legal material will be covered in course workshops. You will learn to apply your understanding of the law to real practical scenarios. You will learn the tools of sound case analysis, build on drafting skills developed elsewhere, learn how to think tactically and understand how to go about quantifying a claim. Towards the end of the course we will look in more detail at the particular challenges involved in quantifying catastrophic damages claims. You will conduct a pre-trial meeting based on a fictional case.
Course description The aim of this course is for you to gain an understanding of the roadmap of a personal injury action from start to finish. This will include amongst other things, the funding of cases, pre-action protocols, understanding the importance of the role of the solicitor in the investigatory stages of the case, building on the drafting skills you have gained in civil court practice, gaining familiarity with the substantive common law duties and relevant regulations, developing case analysis skills, assessment of the merits of a case, gaining an understanding of the many potential heads of claim in a personal injury action, the instruction of expert witnesses and developing negotiation skills and client management skills.
The objective of the course is to enhance your legal skills and knowledge in this area of the law. It also aims to enhance and consolidate your knowledge, understanding and personal reflection on the Law Society of Scotland's PEAT 1 Mandatory and Outcomes, which you have already experienced and shall continue to experience on the Diploma core courses.

On successful completion of this course, you should be able to:
- Demonstrate knowledge and understanding of the ways in which civil litigation may be funded;
- Demonstrate knowledge and understanding of the concepts of specification and relevancy in civil procedure;
- Demonstrate knowledge and understanding of the different kinds of process competent in the Court of Session, and the operation of Offices of Court;
- Demonstrate knowledge and understanding of the different kinds of actions competent in the Sheriff Court;
- Demonstrate knowledge and understanding of the jurisdictional requirements of Sheriff Court actions; and
- Demonstrate an understanding of the issues which arise in the settlement of litigation.
Entry Requirements (not applicable to Visiting Students)
Pre-requisites Co-requisites
Prohibited Combinations Other requirements None
Course Delivery Information
Academic year 2020/21, Not available to visiting students (SS1) Quota:  None
Course Start Block 4 (Sem 2)
Timetable Timetable
Learning and Teaching activities (Further Info) Total Hours: 50 ( Seminar/Tutorial Hours 21, Summative Assessment Hours 1, Other Study Hours 8, Programme Level Learning and Teaching Hours 1, Directed Learning and Independent Learning Hours 19 )
Additional Information (Learning and Teaching) On average, students are expected to spend four hours a week completing independent study activities
Assessment (Further Info) Written Exam 0 %, Coursework 100 %, Practical Exam 0 %
Additional Information (Assessment) The Personal Injury elective is assessed by continuous assessment. Students will receive a percentage mark for the whole course. 50% of this will be based on class performance, and 50% of this will be based on a combination of two assessed written exercises.
Feedback Feedback is provided to student in various forms. Students will receive verbal feedback from tutors on in-class presentations, general comments on class assignments when these are handed back in class and, in general, on class performance, mainly looking at the class as a whole. Students also receive specific written feedback on assignments, where necessary.
No Exam Information
Learning Outcomes
On completion of this course, the student will be able to:
  1. Demonstrate knowledge and understanding of the ways in which civil litigation may be funded.
  2. Demonstrate knowledge and understanding of the concepts of specification and relevancy in civil procedure.
  3. Demonstrate knowledge and understanding of the different kinds of process competent in the Court of Session, and the operation of Offices of Court.
  4. Demonstrate knowledge and understanding of the different kinds of actions competent in the Sheriff Court. Demonstrate knowledge and understanding of the jurisdictional requirements of Sheriff Court actions.
  5. Demonstrate an understanding of the issues which arise in the settlement of litigation.
Reading List
Clarke, J., Redgrave's Health and Safety (9th ed.);
Conway, R., Personal Injury Practice in the Sheriff Court, (4th ed.);
Cotter QC, B, and Bennett, D Munkman on Employer's Liability (17th ed.);
Hennessy, C., Practical Advocacy in the Sheriff Court;
Johnston, D., Prescription and Limitation, (2nd ed.);
Kemp and Kemp: The Quantum of Damages;
McEwan and Paton: Damages for Personal Injuries in Scotland;
Stewart, W.J., Reparation
Additional Information
Graduate Attributes and Skills All elective courses on the Diploma require students to develop the following skills:

Skills and abilities in Research and Enquiry
- problem solving
- analytical thinking
- critical thinking
- independent research
- the ability to handle complexity and ambiguity

Skills and abilities in Personal and Intellectual Autonomy
- ethics and social responsibility
- self-awareness and reflection
- independent learning and development
- creativity and inventive thinking
- decision making

Skills and abilities in Communication
- interpersonal skills
- verbal communication and presentation
- written communication
- influencing and negotiation skills

Skills and abilities in Personal Effectiveness
- planning, organising and time management
- commercial / professional / situational awareness
- team working
- assertiveness and confidence
- flexibility
Additional Class Delivery Information Seven workshops, each lasting 3 hours.

Total of 21 contact hours.
KeywordsDiploma,Practical Elective,Personal Injury
Contacts
Course organiserMs Laura McBrien
Tel:
Email: Laura.mcbrien@ed.ac.uk
Course secretaryMs Margaret Stewart
Tel: (0131 6)50 2004
Email: margaret.stewart@ed.ac.uk
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