Socio-Legal Analysis of Personal Injury Claims

This project plans a socio-legal analysis of personal injury claims through interviews that will be conducted with key players involved in injury claims in various European jurisdictions. It is envisaged that a comparative socio-legal report should be produced on the basis of the reports from the countries included in the research. The project leader is Ken Oliphant (formerly ESR, now University of Bristol).
The four country teams each compiled introductory reports on the personal injury claims process in their respective jurisdictions. These reports will form a core component of the final output of the project. Following the meeting on 23 October 2013 in Vienna, a template interview guide was devised and finally agreed on by all teams; it was subsequently adapted by each of the respective teams to meet their unique needs (following approval by the project leader). Interviews, based on the interview guides, commenced in late 2013.

The project proceeded steadily in the next years, the first round of interviewing was concluded. A total of 81 interviews have now been conducted (England and Wales 29, Norway 27, The Netherlands 25), however some of the interviews with judges in England and Wales are outstanding. Draft interview analyses were submitted by each of the three country teams, reviewed by the project leader and preliminary comparative conclusions were formulated and discussed by the project team. Preliminary research findings have been presented in several public lectures and journal publications. The project will continue in 2016 with a presentation of the full research findings at a special event organised in collaboration with the British Institute of International and Comparative Law in London (3 March 4 – 7 pm), preceded by a further meeting of the project teams. It is hoped that the outstanding interviews can be conducted in the first half of 2016. Furthermore all the drafts shall be revised for publication with a view to submission of the manuscript by 30 June 2016.