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This popular annual conference, chaired by Dr Simon Fox QC, returns with a revised and updated agenda, ranging from a consideration of the scope of duty test as applied to clinical negligence cases through to a review as to how the Courts are treating consent cases at the moment.

This is a unique opportunity to learn from leading QCs in this complex and highly technical area of work.

Conference Agenda

This conference will cover the following:

9.30am - 10.15am: Opening Address: A Review of Recent Case Law

Ben Collins QC, Old Square Chambers

A review of where we are with all the latest case law as at the date of the conference.

10.15am - 11.00am: Scope of Duty: The Quiet Control Mechanism

Simeon Maskrey QC, 7 Bedford Row

In Khan v Meadows [2019] the Court of Appeal confirmed that the scope of duty test enunciated by Lord Hoffman in SAAMCO applied to clinical negligence cases.

This session will consider the scope of duty test, its application in clinical negligence cases and its place amongst the control mechanisms used by the Courts to limit liability and damages.

This session will cover:

  • An analysis of Khan v Meadows
  • The application for permission to appeal to the Supreme Court
  • Whether the application of SAAMCO is appropriate in clinical negligence cases
  • The potential ambit of the scope of duty test
  • Control mechanisms generally

11.15am - 12.00pm: Material Contribution: Where Do We Stand?

Andrew Post QC, Hailsham Chambers

For the last 10 years, causation disputes have been dominated by Bailey v MoD and material contribution.

But the Privy Council said in Williams v Bermuda that Bailey does not represent any new principle.

Three years on, where do we stand?

This session will cover:

  • Material contribution to damages v material increase of risk
  • Divisible v indivisible injuries
  • Injuries caused by non-negligent factors
  • The eggshell skull principle
  • The role of expert evidence

12.00pm - 12.45pm: Secondary Victims: An Update

Shaheen Rahman QC, 1 Crown Office Row

Since the Court of Appeal's decision in Taylor and A Novo a slew of cases have demonstrated the increasing difficulty faced by those seeking compensation for psychiatric injuries sustained as a result of witnessing the death or injury of a loved one.

This session will cover:

  • Revisit the Alcock criteria for nervous shock cases
  • Consider the implications of the Court of Appeal's judgment in Taylor and A Novo
  • Review the approach of the court in subsequent clinical negligence cases
  • Offer practical guidance on the key decisions to be made when bringing or defending a claim
  • Discuss how the law in this area is likely to develop in future

12.45pm - 1.00pm: Questions on Morning Session

2.00pm - 2.50pm: Expert Evidence

Dr Simon Fox QC, Serjeants' Inn Chambers

Expert evidence is the key to success in any clinical negligence claim.

Experts win or lose cases so careful preparation by them of their evidence is crucial in any case.

This session will cover:

  • Choosing and instructing your experts
  • Getting them to address the correct legal tests
  • Ensuring their evidence is CPR compliant
  • The latest case law guidance on agendas
  • Getting the best from them in the witness box
  • What to do when things go wrong

2.50pm - 3.40pm: Consent, Chester v Afshar & Montgomery v Lanarkshire Update

Giles Mooney QC, 9 Gough Square

Since the decision in Montgomery in 2015, consent in clinical negligence has been the hot topic.

Montgomery arguably moved medicine into the 21st century looking at patients as customers or consumers rather than passive patients. The age of paternalistic medicine was said to be over.

Now that the dust has settled this session explores the relationship between Chester and Montgomery and looks at whether the Chester judgment is likely to survive challenge by Defendants or whether it could yet be widened beyond consent cases.

Further the session will look at how the Courts are treating consent cases at the moment and whether in certain cases a paternalistic medical profession has simply been replaced with a paternalistic judiciary.

This session will cover:

  • How we got to where we are on consent
  • Chester v Afshar, the future: extension or extinction
  • The Judge’s role in consent cases where the patient cannot give evidence
  • Case law update

3.55pm - 4.45pm: Workshop Session

Ben Collins QC, Old Square Chambers

A practical interactive 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 | 07.10.2019

London | 9:30am - 5:15pm

Clinical Negligence - 2019 Conference

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9:30am - 5:15pm
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