Clinical Negligence - 2021 Virtual Conference
This live virtual classroom conference chaired by Natalie Cosgrove will examine a range of topical issues. The panel of leading experts will discuss topics from accommodation claims to clinical negligence costs.
Each session will provide opportunity for questions and answers.
This live and interactive 5 hour conference will cover the following:
10.00am-11.00am: Fundamental Dishonesty & Clinical Negligence
Natalie Cosgrove, Switalskis Solicitors
The session will cover fundamental dishonesty and the rise of incidences in clinical negligence.
The session will include:
- Fundamental dishonesty and section 57 of the Criminal Justice and Courts Act 2015
- Ivey v Genting Casinos and LOCOPG v Sinfield and the definition of fundamental dishonesty
- How to avoid allegations of fundamental dishonesty
- Recent case law:
- Accusations for tactical advantage or actual pleading: Has the Defendant adequately set out their case?
- Are they actually alleging fundamental dishonesty, and adverse costs: Lamarieo Manna (A Child and Protected Party by his Father and Litigation Friend Samuel Manna) v Central Manchester University Hospitals NHS Foundation Trust
- Surveillance and the Claimant: Samantha Mustard v (1) Jamie Flower (2) Stephen Flower (3) Direct Line Insurance 
- Recent case law: Haider v DSM Demolition Ltd
- Costs update and fundamental dishonesty
11.00am-12.00pm: Where Are We with Accommodation Claims - Swift v Carpenter
Richard Baker, 7BR
The appeal in the case of Swift v Carpenter was heard by the Court of Appeal in June 2020. This session will review the Court of Appeal’s decision, ask what impact this will have and whether this is the end of the road for developments in this area.
This session will include:
- A review of Swift v Carpenter
- How the new test will apply in practice
- Applying the calculation
- What evidence you will need
- Reductions from the claim for ‘in any event’ costs
- Claimants with short life-expectancies
- Second homes
- Adaptations and betterment
- Is Swift v Carpenter the final answer in accommodation claims and where is the law likely to go from here?
Break for lunch
1.00pm-2.00pm: Consent Following Montgomery
Jonathan Godfrey, Parklane Plowden Chambers
The decision of the Supreme Court in Montgomery v Lanarkshire Health Board changed the legal landscape for establishing liability for informed consent in clinical negligence cases.
The new test of ‘materiality’ was born in order to establish breach of duty. Bolam was consigned to the long grass. In the six years since, how have the courts adopted and applied Montgomery?
This session will cover:
- The materiality test applied in Montgomery
- Risk of treatment and alternatives
- No freestanding right to damages flowing from failure to consent
- Causation is not a given and needs to be established
- How are informed consent cases to be approached in practical terms?
- Current landscape
2.00-3.00pm: The Right to Life & Clinical Negligence, COVID-19, & Care Homes
Professor Leslie Thomas QC
This session will cover Article 2 (the right to life) and why it is difficult to engage this important right in a clinical negligence context. It will also cover what impact COVID-19 has on the Coroners court together with recent developments for care homes.
This session will cover:
- Why it’s so difficult to have Article 2 the right to life engaged in clinical negligent cases
- The exemption to the general rule
- COVID-19 and the impact on the Coroners court
- Pros and cons with remote and live hearings
- Care homes and recent developments
3.15pm-4.15pm: Clinical Negligence Costs
Richard Allen, Richard Allen Consulting
This session will cover all the key practice and case law, from funding through to detailed assessment, including changes in funding arrangements, budgeting, proportionality, costs preparation and assessment.
- What is the court's current view on changing your funding arrangements mid-case?
- Current approach to costs budgeting and case law you need to know
- Proportionality - Where are we now following West and Demouilpied
- Latest on costs procedure and detailed assessment
- Update on costs mediation and consequences of not engaging in ADR
Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.