Commercial Litigation - 2024 Virtual Conference

Introduction

Chaired by Professor Dominic Regan, this live broadcast conference with a panel of leading experts offers a comprehensive update as to the current hot topics in this fast-moving area.

Each session will provide a full opportunity for questions and answers.

Conference Agenda

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

10am-11am: Litigation Under the New Rules (Fixed Costs, Compulsory ADR, Hourly Rate Reforms)

Chair: Professor Dominic Regan

We are in the midst of a far-reaching programme of reforms affecting Commercial Litigation in particular. The creation of the Intermediate Track on 1st October 2023 will have been a shock for those running claims worth between £25k and £100k. The Civil Justice Council has recommended more changes affecting the all-important guideline hourly rates.

This session will identify the following:

• Key considerations under the new regime
• The need to carefully consider your retainer
• Funding obligations post Belsner
• The current thinking within the CJC about changes considered necessary

Morning Break

11:10am-12:10pm: Proving the Facts - Lessons from the Cases

Ian Gascoigne

This session will discuss the following:

• What should be in a witness statement and what should not?
• Dealing with deficiencies in an opponent’s statements
• How do judges evaluate witness evidence?
• The credibility of witness recollection
• When may adverse inferences be drawn from the ‘absence’ of a witness?
• The role of hearsay and judicial notice in proving propositions
• Handling a non-English speaking witness of fact.

12:10pm-1:10pm: Disclosure of Documents Update

Niran De Silva KC, Barrister, Littleton Chambers

This session will tackle the key legal and practical issues arising from these important steps in the litigation process, focusing on recent case law and other new developments. Covering the following:

• Comparing the disclosure regimes in different court divisions
• Giving standard disclosure, some tips, and pitfalls
• The keys to successful specific disclosure applications
• Litigation privilege - some practical issues

Break for lunch

2-3pm: Contractual Time Bars & Estoppel

Rupert Cohen, Barrister, Landmark Chambers

This session will explore the nature and effect of contractual time bar clauses commonly found in share purchase agreements as well as estoppel by representation, convention and acquiescence.

Afternoon break

3:15-4:15pm: The Settlement of Claims

Professor Dominic Regan

The settlement of claims, either under Part 36 or by way of a ‘without prejudice save as to costs’, can be fraught with difficulties. There have been several decisions of importance over the last 18 months and these will be identified and considered as follows:

• When is rejection, rejection and when is it not?
• When does a trial begin?
• Must a Part 36 offer be served on all defendants for it to be effective?
• Can a claimant really make an effective offer to take 98% of the amount claimed?
• Are percentage offers even legitimate?

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.