Personal Injury 2027 - Virtual Conference

Introduction

A claim can be won or lost long before trial, in the way it is pleaded, valued and tested.

This virtual conference, chaired by Professor Dominic Regan, focuses on the points where personal injury cases are now being decided. Expect clear guidance on how far secondary victim claims can go after the Supreme Court’s ruling in Paul v Royal Wolverhampton, how the courts are drawing the line on vicarious liability and how to approach accommodation claims under Swift v Carpenter when life expectancy is short.

The programme also deals with the tactics that can change the outcome of a case, from proving fundamental dishonesty to judging what belongs in a pleading and what does not.

Whether you are advising claimants or defendants, it will help you assess viability and exposure sooner and with more confidence.

Conference Agenda

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

10am-11am: Fundamental Dishonesty

Professor Dominic Regan

A defendant who establishes fundamental dishonesty walks away from a liability that could run into 6 or 7 figures, so the issue demands close technical attention from anyone advising on a personal injury claim. This session will examine the test the courts apply, how defendants go about making out their case and the evidential value of surveillance material.

Learning Outcomes:

• Apply the test for fundamental dishonesty with confidence
• Analyse how defendants build and prove their case
• Evaluate the use of surveillance material in practice

Morning Break

11:10am-12:10pm: Secondary Victim Claims After Paul v Royal Wolverhampton: Where Does the Law Stand Now?

Emily Formby KC, 39 Essex Court Chambers

In Paul v Royal Wolverhampton NHS Trust, the Supreme Court confirmed that secondary victim claims remain tightly controlled by the Alcock requirements and it declined to extend liability to relatives who witness a loved one’s death or injury caused by clinical negligence rather than by an accident. This session looks at the Court’s reasoning, what counts as an ‘accident’ or its immediate aftermath and the Court’s reluctance to widen the categories of claim. It also considers the questions the decision has left open. It is aimed at lawyers who need to judge the viability and value of secondary victim claims early in a case, whether they are acting for claimants or defendants.

Learning Outcomes:

• How to assess at the outset whether a secondary victim claim is viable, including the accident requirement and why most clinical negligence scenarios fall outside it
• How the Alcock control mechanisms (a close tie of love and affection, proximity in time and space, direct perception of the event and a recognised psychiatric illness) are applied after Paul
• The practical implications for pleading, early case strategy and exposure, and which questions remain unresolved

12:10pm-1:10pm: Vicarious Liability Update: Where Are We Now & What Are the Limits?

Colm Nugent, Barrister, Gatehouse Chambers

Vicarious liability continues to be one of the most closely watched areas of civil liability, with the courts regularly revisiting where its boundaries sit following the Supreme Court's decisions in Various Claimants v Barclays and Various Claimants v WM Morrison Supermarkets. This session takes stock of where the law currently stands, working through the ‘akin to employment’ and ‘close connection’ tests as applied by the courts since those judgments and considers how far liability can realistically be pushed in claims involving contractors, agency workers and other non-traditional working relationships.

Learning Outcomes:

• The current test for whether a relationship is ‘akin to employment’ for vicarious liability purposes
• How the ‘close connection’ test is being applied to wrongful acts by employees and quasi-employees
• Recent case law developments narrowing or extending the boundaries of vicarious liability
• How courts are treating claims involving contractors, agency staff and other non-standard working arrangements
• Practical implications for advising defendants and claimants on the strength of a vicarious liability argument

Break for lunch

2pm-3pm: How Claimants Can Practically Manage Accommodation Claims in Light of Swift v Carpenter, with a Special Emphasis on Short Life Expectancy Claims

Cyrus Katrak, Barrister, Deka Chambers

Swift v Carpenter claims still cause difficulties for claimant lawyers. This session will give solicitors a firm grasp of the law in this area, with a special emphasis on how to manage such claims where the claimant has a short life expectancy.

Learnings Outcomes:

• Understand the mathematics behind these claims
• How to run these claims, with an emphasis for claimants with short life expectancies

Afternoon break

3:15pm-4:15pm: Pleading & Proving a Case

Professor Dominic Regan

Cases can be won or lost before the evidence is ever tested. This session explores the dangers of inadequate and excessive pleadings, the circumstances in which fraud must be expressly alleged and the potentially serious consequences of failing to plead a critical issue. Attendees will gain practical insights into how the courts approach pleading deficiencies and what litigators can do to avoid them.

Learning Outcomes:

• Assess when fraud and dishonesty allegations require explicit pleading
• Recognise the risks arising from omitted or inadequately pleaded issues
• Apply practical strategies to ensure pleadings remain focused, effective and proportionate

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.