The legal profession has been resilient and innovative in the face of unprecedented challenges over the past two years.
To ensure that you can continue to provide your clients with the solutions they require, our new Scots Law series, Practical Advice Beyond Disruption, looks at the crucial next phase in eight key practice areas.
With the response to the Covid-19 pandemic forcing sudden change to how civil business is conducted in Scotland, our new online Personal Injury Conference will consider what new court rules will mean in practice for you and your clients.
Occupiers’ liability and negligent care claims have also come to the fore during the pandemic – both will be tackled, with key guidance provided for delegates.
Away from Covid-19, valuing loss of financial support in fatal claims will be considered, there will be a detailed examination of the practical implications of the new Group Procedure Rules and damages in cases involving childhood abuse will be assessed.
An important session on the value of neuropsychological evidence and opinion in personal injury and clinical negligence cases will provide essential input from a leading neuropsychologist.
Wide-ranging and comprehensive, questions to be considered will include:
how will civil business be conducted in the future and what are the implications for you and your clients?
what are the factors to take into account when valuing loss of financial support in fatal claims?
how do you deal with elderly negligent care claims?
what are the practical and logistical issues of forming and claiming on behalf of a “group”?
how can neuropsychological evidence help your clients’ case?
do the recent decisions on occupiers’ liability offer clarity or calamity?
how does the level of damages awarded in cases involving childhood abuse affect your advice?
Chaired by leading practitioner Iain Nicol of Thorntons and including contributions from leading QCs, private practice and the medical profession, be sure to book your place on this important conference.
What's being covered?
Conducting civil business - the new rules
The aim of the new rules for court hearings in the Court of Session and ordinary cause actions in the Sheriff Court is to facilitate and support new ways of working, building on the beneficial elements of the current system of remote hearings. This session will consider what the default position will be going forward, when an in-person hearing will be possible (or not as the case may be), the potential implications for all civil court users including those who come under the umbrella of “digital poverty” and vulnerable witnesses and what solutions may be available.
Robert Milligan QC, Graeme Middleton QC and Iain Nicol, Thorntons
Occupiers' liability: damages and calamities in recent times
Everyone's world has been turned upside down in 2020 and 2021. The uncertainty has impacted on the work of personal injury lawyers. Many workplaces, commercial premises, and public spaces closed down and then reopened under COVID 19 restrictions. This has resulted in many legal questions arising around occupiers' liability. Jennifer will consider case law and whether these decisions offer clarity or calamity in this area of law.
Jennifer Thomson, Morton Fraser
Valuing loss of financial support in fatal claims
This talk will look at the factors to take into account in terms of section 7 of the Damages (Scotland) Act 2011, with particular reference to when the “25% rule” is disapplied. There will also be consideration of the relevant factors in assessing the multiplier e.g. risk of divorce or separation.
Robert Milligan QC, Compass Chambers
Elderly negligent care: personal injury claims
In an ageing population there is an increased demand for the provision of care for elderly people who are no longer able to live independently and safely in their own homes. This presentation considers common types of elderly negligent care claims raised by client’s and their families, which relates to the standard of care received whilst in Care Homes, Hospitals and or whilst being cared for in their own homes.
Joy Bell, Digby Brown
One is a ‘Pursuer’, two is a ‘group’ – the advent of the Scots’ Group Procedure rules
This session will cover the main features of the 2020 Chapter 26A Rules for Group Proceedings, provided for by the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018, and associated Practice Note 2 of 2020; some thoughts about the practical and logistical issues of forming and claiming on behalf of a “group”; and, the Court’s approach in securing the “fair and efficient determination of the proceedings”.
Graeme Middleton QC, Compass Chambers
The value of neuropsychological evidence and opinion in personal injury and clinical negligence cases
This presentation will draw on anonymised case material and published studies to illustrate the clinical methods and evidence base informing the work of clinical neuropsychologists in providing expert testimony to the court. With an emphasis on paediatric cases, there will be discussion of how experts consider developmental issues in reaching balance of probability judgements on future outcomes. There will also be coverage of what sort of interventions can be effective in mitigating the effects of brain injury, and improving longer-term outcomes. We will also consider treatments for psychological trauma including for the parents/family of index patients.
Professor Liam Dorris, Royal Hospital for Children, Glasgow
Quantum update - damages in cases involving childhood abuse
This session will provide a consideration of judicial awards in cases involving childhood abuse both north and south of the border.