1
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CPD Hours Level
Conference expert panelInformation 6 UpdateInformation
SRA Competency B

Introduction

From costs management to settlement, this conference chaired by Dominic Regan with leading experts will keep you abreast of recent trends and developments in commercial litigation.

Conference Agenda

The conference will cover the following topics:

9.30am - 10.15am: Costs Management

Dominic Regan

Budgeting of costs is of paramount importance. Decisions over the last 12 months have brought greater clarity to the process.

This session will consider:

  • Common errors and how to avoid them
  • When do the rules apply?
  • How to vary
  • The importance of assumptions
  • When is it lawful to leave a blank in your budget
  • How to recover more than your budget permits

10.15am - 11.00am: A Guide to Privilege

Helen Swaffield, Contract Law Chambers

Privilege is a valuable tool for lawyers when it is used correctly.

This session will guide you through the scope and limits of both forms of privilege as they apply to commercial litigation including the latest cases and will cover:

  • Legal professional privilege after ENRC
  • Limits to litigation privilege
  • Case update
  • Discussion of offers
  • Dominant purpose and confidentiality
  • Without prejudice exceptions

11.00am - 11.15am: Break for Morning Refreshments

11.15am - 12.00pm: Limitation - Key Provisions

Shantanu Majumdar, Radcliffe Chambers

This session will provide a timely reminder of the key provisions of the Limitation Act 1980 and their relationship with one another before moving on to an update of recent case law in those areas most relevant to commercial practitioners.

12.00pm - 12.45pm: The Latest on Disclosure

Helen Swaffield, Contract Law Chambers

This session will explore the progress so far with the new Disclosure Pilot Scheme plus the following:

  • Models A-E in action
  • Managing document retention
  • E-disclosure - traps for the unwary
  • Specific disclosure principles
  • Illegal disclosure
  • Adverse inference cases

2.00pm - 2.50pm: Collective Redress in Commercial Disputes

Simon Bushell, Signature Litigation

This session will explore where we are now and what lies ahead from the statutory regime to the practical issues and will cover the following:

  • Group Litigation Orders
    • Representative actions
    • Consolidated claims
  • Statutory Regime
    • FSMA
    • Competition Act
    • GDPR
  • Practical Issues
    • Identifying claimants
    • Structure
    • Funding
    • Governance
    • Quantum

2.50pm - 3.40pm: Service of Documents

Shantanu Majumdar, Radcliffe Chambers

This session will provide a timely update on service of documents in court proceedings.

  • Calculating time
  • Litigants in person after Barton
  • When can the Court use CPR 6.15?
  • Last known address
  • Late particulars
  • Foreign defendants

3.40pm - 3.55pm: Afternoon Refreshments

3.55pm - 4.45pm: Settlement Offers

Dominic Regan

ADR, Part 36 and ‘without prejudice save as to costs‘ offers all play a role in seeking settlement.

However, the relationship between them is not always straightforward.

This session will cover:

  • How you must react to any suggestion of ADR
  • Core Part 36 principles
  • When does a Calderbank offer come into its own?
  • The safest way to make a compliant Part 36 offer
  • When a rejection is and isn’t a rejection after all
  • Costs inclusive offers

4.45pm - Close: Chair’s Closing Summary and Questions & Answers

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Conference | 25.11.2019

London | 9:30am - 5:15pm


Commercial Litigation - 2019 Conference

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Nov
25
2019
London
9:30am - 5:15pm
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£250
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Ticket Information
£375
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£500
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Discounts are available for multiple conference places. Please telephone 0161 793 0984 or information@mblseminars.com for details.
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