Personal Injury - 2020 Virtual Conference
This live broadcast conference chaired by Dominic Regan will examine a range of topical issues. The panel of leading experts will discuss topics from fundamental dishonesty to service problems.
Each session will provide opportunity for questions and answers.
This live and interactive 5 hour conference will cover the following:
10.00am-11.00am: Opening Address: Vicarious Liability
Claims regarded as hopeless a decade ago are now likely to succeed. The law has moved on in a dramatic fashion. This session will identify the key cases and will take stock of where we are. Issues include:
- The Morrisons case
- How an employer may now face liability for rape
- Responsibility for people who are not employees
- Liability for events away from work
- Can there be more than one defendant?
11.00am-12.00pm: Fundamental Dishonesty & QOCS
David Pilling, Liverpool Civil Law
This session will provide a caselaw update on a challenging and still evolving area affecting all personal injury practitioners and will cover:
- What is and what is likely not fundamental dishonesty
- When QOCS applies and how
- Practice and procedure pointers
- Caselaw update
1.00pm-2.00pm: Departure From Budgets
Erica Bedford, Kings Chambers
The recent decision of Salmon v Barts Health NHS Trust provides the latest guidance on these important questions that every cost practitioner ought to be aware of.
This session will cover:
- The provisions of CPR 3.18
- What amounts to a departure from budget
- What good reason can include
- What happens once good reason has been established
- Practical guidance on whether to argue good reason or not
2.00pm-3.00pm: ‘Procedural Death’ - Service and Court/Trial Fee Traps for the Unwary
Missed time limits by litigation solicitors are one of the largest sources of professional negligence claims reported to insurers. This session will guide you through key procedural rules to avoid in what the courts have described as ‘procedural death’.
The session will look at not only up to date case law guidance but also practical tips and insights to avoid mistakes being made in the first place.
- Service rules and common errors
- ‘Last Known Address’ - case law guidance
- Supreme Court guidance on service by email
- Are you under a duty to warn your opponent of a mistake?
- Applying for more time for service - elephant traps explained
- Court fees and abuse of process - latest guidance
- Trial fees and automatic strike out
3.15pm-4.15pm: Costs Update
The challenges keep coming.
What does the Court of Appeal think about deductions from damages?
When will more fixed costs kick in? This session will review the big decisions including:
- CFA assignment woes
- Late acceptance of Part 36 offers
- Withholding the 10% uplift
- Are ATE premiums in clinical negligence claims excessive?
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.