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COMPARTIVE LEGAL SYSTEMS NORTH AMERICA, UK & IRELAND: ADVERSARIAL REST OF EUROPE : INQUISITORIAL IS ONE SUPERIOR TO THE OTHER? THE INCREASING IMPORTANCE OF THE EUROPEAN UNION
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CASUALTY ACTUARIAL SOCIETY
2004 ANNUAL MEETING
INTRODUCTION
ROBERT DALTON, CUNNINGHAM LINDSEY INTERNATIONAL
THE CLAIMS PERSPECTIVE
COMPARATIVE LEGAL SYSTEMS – NORTH AMERICA VS EUROPE
LOSSES
ARE THERE ANY RECOGNISABLE TRENDS?
COMPARTIVE LEGAL SYSTEMS
NORTH AMERICA, UK & IRELAND: ADVERSARIAL
REST OF EUROPE : INQUISITORIAL
IS ONE SUPERIOR TO THE OTHER?
THE INCREASING IMPORTANCE OF THE EUROPEAN UNION
ADVERSARIAL
HISTORICAL ORIGINS – “TRIAL BY COMBAT”
THE “BALANCE OF PROBABILITIES”
ADVANTAGES: PRE-ACTION PROTOCOLS SPEED? MEDIATION
ADR
DISADVANTAGES: UNCERTAINTYCOSTSAPPEALS
INQUISITORIAL
HISTORICAL ORIGINS – NAPOLEONIC CODE
“AN INQUIRY INTO THE TRUTH”
PROCEDURAL DIFFICULTIES
ADVANTAGES: CERTAINTY?COSTS
DISADVANTAGES: TIME TAKENPROCEDURE
IMPORTANCE OF THE EUROPEAN UNION
EUROPEAN UNION STRUCTURE: COUNCIL OF MINISTERS EUROPEAN PARLIAMENT THE COMMISSION
SOCIALLY AND POLITICALLY DRIVEN
COMMISSION DIRECTIVES
GREEN PAPERS
PRACTICAL EXAMPLES: CONSUMER PROTECTION ACT 1987 ENVIRONMENTAL LIABILITY GREEN PAPER
WWW.EUROPA.EU.INT
PRACTICAL IMPLICATIONS FOR CLAIMS HANDLING
THE PRINCIPLES OF CONTRACT & TORT ARE SIMILAR
THE APPROACH TO LOSSES SHOULD BE CONSISTENT NO MATTER WHAT THE LEGAL SYSTEM
SEEK CLAIM SOLUTIONS
NOVEL SETTLEMENTS
CONCLUSIONS
RECOGNISABLE TRENDS: UK – ATTRITIONAL EU ACCESSION COUNTRIES
PROCEDURAL UNDERSTANDING IS CRITICAL
THE IMPORTANCE OF THE EU
A BALANCED APPROACH TO ENQUIRIES AND ADVICE
LITIGATION IS THE LAST RESORT