The Liver Building

2019 Personal Injury Conference *WAITING LIST*

Details

Speaker: Various

Date: Wednesday 12th June, 2019

Time: 09:30 - 16:15

Areas of Law: Civil Litigation; Personal Injury

Venue:
Liverpool Law Society,
2nd Floor Helix,
Edmund Street,
Liverpool,
L3 9NY

Course Code: S4151

Description

This event is currently at maximum capacity & we are now operating a waiting list. Should a place become available, they will be offered on a first come, first served basis.

To be added to the waiting list, please proceed to book in the usual way. This does not guarantee a place – we will contact you to confirm if one becomes available.

A must-attend training event for solicitors, barristers & other practitioners involved with personal injury litigation. It will round-up key developments, examine current hot topics & provide an opportunity to hear from some excellent speakers.

Accredited by APIL Training – CPD hours: 5.5 / Level: Litigator & Snr Litigator

Registration & refreshments

Welcome & introduction ~ John Hyde, Law Society Gazette

The Civil Liability Act: What will Implementation look like? ~ Donna Scully, Carpenters

  • What the motor claims landscape might look like up to small claims limit
  • Will litigants in person really do it themselves or seek support, will it open door to claims farmers, will other things like credit hire, repair and rehab increase to fill the gap left by PI?
  • Will the reforms undo all our good work in the fraud space?

 

Using Algorithms to Predict Outcomes ~ Charles Ciumei QC, Essex Court Chambers

  • Can Artificial Intelligence (AI) algorithms predict the outcome of litigation?
  • Are they relevant to PI lawyers and insurers?
  • Techniques and reliability
  • Problems and challenges

Refreshments

Portal/Stage 3 issue ~ Beth Wilson, Liverpool Civil Law Chambers

  • When and in what circumstances to exit the portal
  • Stage 3 hearings:

– Practice / procedure

– Pitfalls and how to avoid them

– Evidence at Stage 3

(common heads of loss such as hire, physiotherapy, loss of earnings etc)

Proposed reforms and 2020 LIP Portal inc discount rate ~ David Pilling, Liverpool Civil Law Chambers

Herbert v HH Law: How to respond? ~ David Pilling

  • Essentials of getting the retainer right going forwards
  • Statute billing, or how to limit any past exposure

Lunch

Relief from Sanctions: Recent Decisions ~ David Pilling

  • Update on RFS – differing approaches
  • Court returning to tougher stance following Mitchell, Denton and Gladwin v Bogescu and Clearway Drainage
  • In-time application v Relief
  • Late service of medical evidence
  • s33 Limitation Act not subject to Denton test
  • Round up of recent cases

 

Costs Management ~ Professor Dominic Regan

Budgeting has generated several significant judgments in the last 18 months. Litigators still run into difficulties which is unsurprising given the fine, technical issues which arise. Issues include:

  • When is the budget due?
  • Which cases are excluded?
  • Dealing with the split trial dilemma
  • The most common error made in cases
  • Late budgets and how best to secure relief
  • The workaround where CPR3.14 is applied
  • Hourly rates
  • When can a budget be varied?
  • Dealing with an absurdly low budget from the other side
  • Getting big payments on account
  • Proportionality and how to circumvent it

Refreshments

Part 36 and Settling Claims ~ Professor Dominic Regan

Last year saw 20 decisions on aspects of Part 36. It is imperative that practitioners know their way around this vital measure. Negligence traps abound and the failure to make an effective offer can cost tens of thousands of pounds in both damages and costs.

  • Getting the wording right
  • The impact of a withdrawn offer
  • What happens if a claim is amended?
  • Costs after late acceptance
  • When should the 10% uplift be withheld
  • Sunset clauses
  • Rejection and Calderbank offers
  • Can an offer be accepted after a claim is struck out?
  • The enormous difference between variation and withdrawal
  • The impact of ADR

Summary & close ~ John Hyde

Speaker Biographies

Charles Ciumei QC practices at the intersection of commercial, employment and information law, with a focus on protecting confidential information and injunctive relief. He has a particular interest in cybercrime and security, data protection and machine learning. He also has considerable expertise in IT technical matters. Charles started his career as a scientist at the MOD Admiralty Research Establishment, before being called to the Bar in 1991.

John Hyde has been a reporter for the Law Society Gazette for more than three years and has extensively covered the personal injury during that sector. He has been described as a leading commentator on the sector and was recently listed as one of the UK’s top five legal tweeters.

David Pilling was educated at the Universities of Sheffield, California at Santa Barbara and Manchester Metropolitan, and was called to the bar in 1999. David’s main areas of practice are Costs, Clinical Negligence and Personal Injury. Prior to practice at the Bar he was a director of a legal costs company advising and representing major insurer clients and local authorities. He is now regularly instructed by both receiving and paying parties at first instance and on appeal in relation to all matters involving civil costs including increasingly costs budgeting hearings. As well as costs issues arising from personal injury and commercial claims David was extensively involved in costs litigation arising from the North West Child Abuse Cases group action and also has experience of dealing with the costs of receivers and trustees in bankruptcy in both civil and criminal matters. His clinical negligence practice encompasses claims ranging from dental negligence through to maximum severity cerebral palsy claims whilst his personal injury practice includes industrial disease matters. He has been listed in Professor Dominic Regan’s “Top Talent 2014” list of barristers and judges being described as “having a sublime appreciation of the brave new world of portals and fixed costs”.

Professor Dominic Regan is a prolific legal writer and speaker. He is not one of the Jackson assessors but has accepted the invitation to assist Lord Justice Jackson again on practical issues arising from reform. He is visiting Professor at City Law School London.

Donna Scully is a Director in Carpenters Group, having worked for various law firms in London before joining in 1997 and setting up its specialist Personal Injury department. She was Chair of MASS from 2010-12. During her term, she was closely involved in the formation of AskCUE PI and the implementation of the LASPO legislation. Donna has held a seat on the Insurance Times’ Fraud Charter since its launch in 2010, is a member of the editorial board for Modern Insurance Magazine and she received the Outstanding Achievement award at the 2014 Personal Injury Awards.  In 2016 and 2018, Insurance Business UK named her as one of the insurance industry’s Women of Influence. In September 2018, Donna jointly won the Insurance Post Social Media Influencer Award.

Beth Wilson is a pupil barrister at Liverpool Civil Law Chambers. She was called to the Bar by Middle Temple in 2015 and is a member of the Northern Circuit. During pupillage, Beth has undertaken work across a broad range of personal injury matters. She appears on behalf of claimants and defendants at CCMCs, CMCs, Small Claims, Fast Track Trials and other interlocutory hearings covering road traffic accidents, employer’s liability, public liability, occupiers’ liability and industrial disease claims. Prior to pupillage, Beth worked as an Advocate at a multinational law firm in the North West and gained experience in personal injury, employment and costs work.

 

Prices

Member £205
Non-member £260
Corporate Member Training Offer 2 Credits
Training Season Ticket Free
Note: 20% VAT added at checkout