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Pleading Personal Injury Cases in Scotland - Live with Robert Milligan KC

Pleading Personal Injury Cases in Scotland - Live with Robert Milligan KC

Session

29 Jul 2024

3:00 PM ‐ 4:30 PM

With a SmartPlan £144

With a Season Ticket £160

Standard price £320

All prices exclude VAT
Level
Intermediate: Requires some prior subject knowledge
CPD
1.5 hours
Group bookings
email us to discuss discounts for 5+ delegates

Introduction

This virtual classroom seminar will deal with some of the questions that most often arise when pleading a personal injury case, whether in the Court of Session or Sheriff Court. It will include consideration of the different requirements under chapter 42A and 36A.

Detailed written pleadings are no longer required in the majority of personal injury cases. However, there is still a requirement for fair notice.

How does a pleader strike that balance? How much more needs to be said in cases under chapter 42A or 36A?

The live session will also discuss the importance of pleading facts rather than evidence or law.

What You Will Learn

This live and interactive course will cover the following:

  • What is the relevance of statutory cases following the Enterprise Act?
  • What does a defender need to plead to raise a contributory negligence plea?
  • When and how should you incorporate documents into the pleadings?
  • Cases considered will include:
    • Rose and Ors v WNL Investments Ltd
    • Lewin v Gray
    • Goodwillie v B&Q
    • Cockerill v CXK Ltd
    • Gilchrist v Asda Stores Ltd
    • McGowan v W & JR Watson Ltd

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.