CPD Hours Level
Conference expert panelInformation 6 UpdateInformation
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SRA Competency B


This popular annual conference returns with a new programme delivered by a panel of distinguished QCs. It focuses on important and topical issues such as, is the Bolam test still the test to apply in clinical negligence, fixed recoverable costs: where are we at the moment, and in what circumstances can consent judgments be set aside?

Conference Agenda

This APIL accredited conference will cover the following:

9.30am - 10.15am: Opening Address: Bolam is Dead. Long Live Bolam?

Dr Simon Fox QC - No 5 Chambers and Exchange Chambers

The Bolam test has long been regarded as the standard test for breach in clinical negligence cases. However it has been the subject of some criticism and significant erosion over recent years.

This session will cover:

  • Is the Bolam test still the test to apply in clinical negligence?
  • Is Montgomery limited to consent cases?
  • 'Pure treatment' and 'Pure diagnosis' cases
  • Surgical and technical errors
  • The future of Bolam

10.15am - 11.00am: Admissions and Consent Judgments

Simeon Maskrey QC, 7 Bedford Row

This session will consider the effect of admissions made during the course of proceedings, whether and in what circumstances they can be made binding and how to prevent parties from resiling from them.

This session will include:

  • The circumstances in which admissions can be withdrawn
  • The effect of converting an admission into a consent judgment
  • Whether and in what circumstances such consent judgments can be set aside
  • Whether decisions suggesting that consent judgments can be set aside have been wrongly decided

11.15am - 12.00pm: Essential Costs for Clinical Negligence Lawyers

Richard Booth QC, 1 Crown Office Row

This session will consider recent areas of interest in the strange world of costs and how they apply to clinical negligence claims, in an attempt to avoid future pain.

It will include:

  • Drafting your CFA: Taking care and getting it right
  • Proportionality: Does it trump everything, even necessity?
  • Costs Budgeting: Where on earth are we now? Has it made litigation more reasonable or more certain? And how does one get a budget increased?
  • Fixed recoverable costs: Where are we at the moment?
  • The retirement of Sir Rupert Jackson: How has he left the landscape for us?

12.00pm - 12.45pm: Consent, Causation and Climbing Mountains

Joel Donovan QC, Cloisters

This session examines the way in which the courts have applied the requirements of informed consent since the ground-breaking decision in Montgomery, and how these have factored in to causation. Of particular note is the continuing backlash against the dilution of 'effective cause' requirements in Chester v Afshar.

This session will cover:

  • Material versus unknown/immaterial risks
  • The importance of the patient as an individual
  • Meiklejohn, Correia and Duce
  • Shaw v Kovac: no new causes of action
  • The future

12.45pm - 1.00pm: Questions on Morning Session

2.00pm - 2.50pm: Human Rights in Health Care Litigation

Ben Collins QC, Old Square Chambers

The Human Rights Act can have a bearing on a wide range of issues arising in the field of clinical negligence and related litigation. In particular Articles 2, 3 and 8 of the Convention may have a significant role to play in the health care field.

This session will cover:

  • Availability of treatment and allocation of resources
  • Adequacy of care
  • Best interests
  • Consent and provision of information
  • Remedies

2.50pm - 3.40pm: Discount Rate Issues and Accommodation Claims

Robin Oppenheim QC, Doughty Street Chambers

The Civil Liability Bill will change the way the discount rate is calculated and this session will explore the changes and the related issue of accommodation claims as they affect clinical negligence practitioners.

This session will cover the following:

  • Legislative update
  • The machinery for deciding the discount rate
  • Implications for the decisions in JR v Sheffield Teaching Hospitals NHS Foundation Trust and Roberts v Johnstone
  • Problems posed in uncertain and short life expectancy cases
  • The discount rate and periodical payment orders

3.55pm - 4.45pm: Workshop Session

Ben Collins QC, Old Square Chambers and Richard Booth QC, 1 Crown Office Row

A practical workshop session focusing on the issues covered during the course of the day and allowing delegates to discuss and consider the practical implications arising from them.

4.45pm - Close: Questions & Answers

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Conference | 28.11.2018

London | 9:30am - 5:15pm

Clinical Negligence - 2018 Conference

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9:30am - 5:15pm
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