Personal injury conference 2017
 
 Tuesday, 25 April 2017  
 
 
09:00 - 09:15Registration, exhibition and refreshments
09:15 - 09:25Welcome and introductions
Kim Leslie, Partner, Digby Brown
SESSION ONE: Civil procedure and practice
09:25 - 10:10What a difference a jury makes?
Simon di Rollo QC, Ampersand
  • The main procedural differences where a jury decides the issue
  • A summary of the skills neccessary for the effective advocacy in that forum
10:10 - 10:55Costs and funding: an update on the implementation of the Taylor Report
Iain Nicol, Partner, Balfour+Manson LLP
  • Costs chargeable under the Compulsory Pre Action Protocol and Judicial Expenses Pre Litigation Fee
  • Pursuers' offers
  • Discount rate
  • ASPIC taxations
  • Expenses and funding of Civil Litigation bill
  • Applications by successful (non legally aided) parties for expenses out of the Legal Aid Fund.
10:55 - 11:10Refreshments, exhibition and networking
SESSION TWO: Developments in liability and financial considerations
11:10 - 11:55An update on the discount rate and other financial settlement considerations
Graeme Lind, Tilney
Neil Wilkie, Tilney
11:55 - 13:15Expert witnesses and evidence following Kennedy v Cordia
Andrew Smith QC, Compass Chambers
  • The question of the importance of expert evidence
  • How to make sure that you have a winning strategyu with experts
  • What are the legal responsibilities of experts and those instructing them?
13:15 - 14:00Lunch, exhibition and networking
SESSION THREE: Damages and case law
14:00 - 14:05Introduction to session three
Kim Leslie, Partner, Digby Brown
14:05 - 14:50Employer's liability and the Enterprise and Regulatory Reform Act 2013
David Armstrong, Partner, Lindsays
David Hennessy, Associate and Solicitor Advocate, Brodies LLP
  • An introduction to The Enterprise and Regulatory Reform Act 2013
  • The general approach adopted by the courts to ERRA
  • All is not lost for the Pursuer!
  • Useful tactics available to the Defender
  • Don’t forget the common law of negligence and how it continues to apply to employer liability claims.
  • The likely way forward.
14:50 - 15:35Current developments in quantum and novel and unusual heads of claim
Speaker: Lisa Henderson QC, Ampersand
  • Comprehensive update on quantum in personal injury actions
  • Review of awards in fatal and catastrophic cases
  • Review of awards made in relation heads of claim which you might not necessarily deal with on a day to day basis, such as therapies, accommodation, holiday costs and transport
15:35 - 15:50Final comments and close