1
Type Speaker CPD Hours Level
5 UpdateInformation
Accreditation Information
SRA Competency B

Introduction

This live virtual classroom conference chaired by Dominic Regan, and with a panel of experts, will examine a range of topical issues including fundamental dishonesty and the whiplash reforms.

Each session will provide opportunity for questions and answers.

Conference Agenda

This live and interactive 5 hour conference will cover the following:

10am-11am: Problems with Experts

Dominic Regan

So many injury claims are reliant upon expert evidence. In this session Dominic will identify common problems and possible solutions.

This session will include:

  • Privilege and the expert
  • Reliance upon a single joint expert
  • How to go behind the report of a SJE
  • Expert shopping
  • Seeking costs from an expert after Walker V TUI [2021]
  • When can the Court reject unchallenged expert evidence?

AM break

11.10am -12.10pm: Official Injury Claims - The New Portal, Protocol, Rules & Practice Directions

David Pilling, Liverpool Civil Law

This session will deal with the precise ambit of the new system and the likely areas of contention within it, with an emphasis on what role (if any) there is for the legal profession.

This session will include:

  • Which cases are covered by the new system
  • Non-whiplash injuries in addition to a whiplash injury
  • Vehicle-related damages claims
  • The mechanics of Official Injury Claims (OIC)
  • When, where and how cases exit the OIC
  • The likely areas of contention within the OIC and where claims exit it

12.10pm -1.10pm: Service Pitfalls & Solutions

Nicky Carter

Whilst the overriding objective is the norm for interpretation of most of the CPR, the exception is the rules relating to service. The courts have made it clear that the rules relating to service will be interpreted in a most draconian manner.

It is the Claimant’s solicitor’s responsibility to ensure that the claim is issued and served in a timely manner. This session will get you up to speed on all the traps and pitfalls when serving the claim form and how to avoid them.

This session will include:

  • Methods of service - review of the possible pitfalls
    • Email
    • Fax
    • CPR 6.15 - alternative methods of service? Barton v Wright Hassall LLP, Abela v Baadarani
  • Place of service - options and consequences
  • Deemed date of service - not the key consideration
  • When is a Claim Form served?
  • Extending the time for service - application, agreement, directions?
  • Solutions - CPR 3.9?

Break for lunch

2-3pm: Fundamental Dishonesty - The Present & The Future

Colm Nugent, Hardwicke Chambers

Litigators and the courts are still grappling with the meaning and the reach of fundamental dishonesty.

This session will explore how the courts have approached fundamental dishonesty in the last 12 months, and how the courts attitude to both alleging and proving fundamental dishonesty is likely to continue to develop in the next 12 months.

This session will look at not only up to date case law guidance but also practical tips and insights to making and meetings allegations of fundamental dishonesty and will include:

  • Is there still any difference of substance between ‘dishonesty’ and ‘fundamental dishonesty’
  • What does ‘fundamental’ mean, in context?
  • Budgeting for FD
  • Are there costs implications for alleging FD, especially when it is not made out?
  • Does a Claimant have any weapons at their disposal in meeting the allegation?
  • The role of the experts in proving or resisting FD
  • Compromise of claims if FD is a live issue
  • Do contested FD allegations always require a trial?

PM Break

3.15-4.15pm Maximising Your Costs Recovery

Dominic Regan

The last 18 months has seen a series of important decisions which clarify key aspects of costs and funding law.

This session will include:

  • How to recover indemnity costs
  • The switch from legal aid to a CFA before 1.4.13
  • The Jackson uplift
  • Very high percentage offers to settle
  • What rewards should a Claimant recover?
  • Small claims reform

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.

Book now

Future dates are coming soon.
Please let us know if you wish to be notified.
Prices (ex VAT)
Smart
Plan Information
Season
Ticket Information
Standard
Individual licence
£
£
£
Group bookings
Discounts are available for multiple places. If you have 5 or more people interested in participating in this virtual learning session please email us at information@mblseminars.com for more information.

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