The Liver Building

2020 Personal Injury Conference


Speaker: Various

Date: Wednesday 9th December, 2020

Time: 09:30 - 16:00

Areas of Law: Civil Litigation; Personal Injury


Course Code: S4292


Accredited by APIL TrainingCPD hours: 5.25 Level: / Litigator & Snr Litigator


Kindly Sponsored By: Frenkel Topping

Frenkel Topping provides specialist advice to safeguard your clients’ financial future.

We have a proven track record in safe guarding the financial future of clients by assessing their financial situation and helping them to secure the maximum compensation settlement that they are entitled to.  We carefully invest their damages to protect their independence and quality of life in the long term.  

For further information regarding our services please contact: us on 0161 886 8000 or email

Log in

Welcome & introduction ~ HHJ Wood

LiP Portal/Whiplash Reforms ~ Donna Scully, Carpenters

  • Present state of play
  • The good, the bad & the ugly
  • How will it operate
  • Will it increase fraud/bad behaviours
  • How do we sustain access to justice

Rethinking liability in RTA claims involving children and vulnerable adults ~ Matthew Stockwell, Exchange Chambers

This session will challenge some of the assumptions about the behaviour and aptitudes of children and vulnerable adults in real life traffic situation. Topics include:

  • Perception and detection of traffic
  • Conceptualisation of speed and distance
  • Processing time, reaction times and decision-making
  • Competency and awareness of danger
  • Distraction
  • Conventional wisdom and reliance on authority
  • Practical considerations when investigating and evidencing negligence

Comfort break

How to recognise a brain injury and how it may overlap with other injuries ~ Matthew Stockwell, Exchange Chambers

This session will help you identity potential brain injury claims and avoid some of the associated perils and pitfall of personal injury litigation. Topics include:

  • The indiscriminate, individual nature of brain injury
  • The implications (financial, physical and emotional) for a whole family
  • The three phases of injury
  • Indicators of prognosis
  • Basic anatomy and function
  • Recognising signs and symptoms of brain injury and their overlap with other injuries

Changes in the costs regime & update ~ Kerry Underwood, Underwoods

Changes in the Costs Regime

  • Personal injury small claims limit increase
  • Road traffic accident  –  £5,000
  • Other personal injury –  £2,000
  • The new portal
  • The whiplash tariff
  • Fixed costs extension to claims worth £100,000 or less

 Costs Case Update

  • Part 36
  • Success fees
  • Solicitors Act 1974
  • Liens
  • Other relevant cases

Comfort break - please mute your mic & turn off your camera. There is no need to log out of the event.

Calculating Schedules of Loss: Recent Updates and their Implications~ Mark Holt, Frenkel Topping

  • Updates to Kemp v Kemp
  • Phipps v Brooks Dry Cleaning Services – why is this case so significant?
  • Recent changes to the Discount Rate and the impact for claimants
  • Additional heads of loss – a summary of often overlooked losses and reasons for inclusion

QOWCs and Fundamental Dishonesty Update ~ David Pilling, Liverpool Civil Law

  • What is and what is not fundamental dishonesty
  • When QOWCS applies and how
  • Practice and procedure pointers
  • Caselaw update

Comfort break

Credit hire: a way forward ~ Craig Budsworth, AX Automotive

This session will bring you up to date on all the developments on case law in credit hire, including:

  • Taxi claims
  • Fundamental dishonesty and enforceability

We also have the crystal ball out for potential future developments in the court room and from government.

Summary & thanks ~ HHJ Wood

Speaker Biographies

Craig Budsworth qualified as a Chartered Legal Executive in the UK in 2007 and has been involved in insurance and finance since leaving school at 16. He started his career with NatWest and moved to Direct Line in 1993 learning the insurance side of road accidents and insurance claims before moving to the claimant side by joining Glaisyers Solicitors in 1998. He became one of the first Legal Executive partners in 2009 and moved to Garvins Solicitors in 2013. Craig has been a member of the MASS Management Committee since 2009. Contributing to developments in the law is at Craig’s heart and he joined the Civil Justice Council in 2012. That same year Craig took over as Chairman of MASS. In recognition of his contributions, he was recognised as an individual who has given outstanding service to CILEx or the Legal Community and who represents CILEx’s values and ethos by being awarded the CILEx President’s Medal.

Mark Holt

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. David also gives regular lectures on costs, both to local law societies and individual firms of solicitors and for commercial CPD providers. He has recently 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”.

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.

Matthew Stockwell specialises in serious injury litigation and public law. His caseload at Exchange Chambers, is made up almost exclusively of cases with a mixture of high value (or other importance), sensitivity and complexity. He is recognised for his technical expertise and advocacy skills, combined with a strong work ethic and empathy with clients. Matthew served on the executive committee of the Association of Personal Injury Lawyers (APIL) between 2007 and 2015, as Vice President in 2012 and President in 2013. He is co-author of the APIL Guide to Accidents at Work and has particular knowledge and experience of brain injury litigation.

Kerry Underwood is Senior Partner of Underwoods Solicitors and is the acknowledged expert on funding, costs, legal systems, client care, marketing and advertising of legal practices. Kerry has written hundreds of articles on legal topics and is a regular contributor to Practical Law, New Law Journal and the Law Society’s Civil Justice Section Newsletter. He appears regularly on radio and television and is frequently consulted by senior politicians and senior members of the Judiciary.

HHJ Wood





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