Hot Topics in Personal Injury Law - A Box Set of 6 Essential Modules
This box set of 6 online modules presented by Nicky Carter and Jeff Zindani includes 6 x 30 minute modules which will be of interest to anyone involved in the area of personal injury.
Module 1 - Portal Tactics: Nicky Carter
This module will examine the exits from both the RTA and EL/PL Portals. Examining the latest cases on mistakes in the Portal - anticipating a Court of Appeal decision!
Running cases efficiently within the Portal is always a challenge and knowing when an exit is advisable and legitimate is key. All exits are not equal and Court decisions around the country begin to clarify the exits that limit claimants to Portal costs and those that are more likely to result in fixed exit costs. Knowing which is which is an important skill.
This module will consider the following:
- False exits - costs risk
- Payment of non-settlement payment
- Payment of agreed damages
- Latest - mistakes in the Portal - Mahoney v Royal Mail 
- Defendant led exits
- Failure to pay costs exits
- Interims - tactics
- ‘Not suitable for the Portal’ exit
Module 2 - Illegality Defences & Allegations in PI: Nicky Carter
Allegations of illegaility raise particular problems for claimants . This module will ensure you are up to date on the latest relevant case law and tactics to defeat the allegation.
This module will include the following:
- Is ex-turpi always a full defence?
- When will this be a feasible defence for a defendant?
- What should you look out for- problem areas?
- Joint enterprise Wallett v Vickers
- What effect does an allegation of ex-turpi have on an admission?
- How does ex-turpi impact in an MIB case?
- Fatal accident claims and ex-turpi
Module 3 - Fixed Costs in PI: Nicky Carter
This module will update you on the latest case law on fixed costs both within and outside the Portal and will include the following:
- Portal and costs
- Non Portal
- Fixed costs within the Portal
- Portal exit costs
Module 4 - Fundamental Dishonesty: Jeff Zindani
Personal injury claims can no longer be conducted without practitioners having a thorough grasp of the law relating to fundamental dishonesty.
This module will look at the relevant case law and practical points that emerge by reference to a number of common myths about dishonesty.
The module will include:
- Liability dishonesty, damages dishonesty and section 57 of the Criminal Justice and Courts Act 2015
- ‘Benchmark’ case law guidance from the High Court
- Do defendants need to plead fundamental dishonesty?
- Case law update - emerging trends
- Insurer tactics and social media traps
- Contempt proceedings
- Defences and advice to a ‘dishonest’ claimant
Module 5 - Vicarious Liability: Jeff Zindani
The Supreme Court have once again revisited this complicated area of law for personal injury practitioners.
This module will provide a clear summary of the relevant principles and provide practical tips for the busy practitioner and will include:
- The new test for vicarious liability
- EL and PL scope
- Assaults and criminal conduct
- Can there be vicarious liability where there is an independent contractor?
- Agency and temporary workers
- Practical tips - case screening and insurers
Module 6 - Damages Update - Key Developments in the Past 12 Months: Jeff Zindani
The assessment of personal injury damages cannot be undertaken without a grasp of key principles and up to date developments.
During the last 12 months we have seen a number of important changes and cases that are fundamental to practitioners and their clients. This module will provide an invaluable update and will cover the following:
- Quick round up - new Ogden Tables to bereavement awards
- Smith v Manchester or Blamire?
- Interim payments - case law guidance
- Life expectancy - do you need an expert?
- Accommodation claims and negative Discount Rate - update
This pre-recorded webinar will be streamed at 12:30pm on Monday 22nd March 2021 and will remain available to view by delegates who have registered by then for 90 days.
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