Those who practice in the field of personal injury have seen much change in recent years as the law has developed in a number of key areas.
Chaired by David Wilson of Digby Brown, non-accidental claims, employer’s liability, pain disorder, litigation funding, fraudulent claims and negotiating expenses are just some of the topics that will be covered by a panel of experts in our wide-ranging new online Personal Injury Conference.
Questions to be covered will include:
what are the routes to compensation in the area of child abuse and what are the implications for the route chosen?
with reforms on both sides of the border making Scotland a fertile breeding ground for less scrupulous claimants, what next for fraudulent claims in Scotland?
what is the current approach to negotiation and taxation of expenses?
what is an orthopaedic surgeon’s perspective of the role of the expert witness?
how do you identify and investigate pain disorders?
what are the current litigation funding issues you need to be aware of?
does employer's liability case law offer clarity or calamity?
what are some of the difficulties the general trend of increasing awards creates when advising both pursuers and insurers?
We look forward to welcoming you to this important online conference.
What's being covered?
Navigating child abuse cases in Scotland
With the introduction of Redress Scotland it is more important than ever that practitioners are aware of all routes to compensation in the area of child abuse and the implications of electing for one route over another.
Kim Leslie, Digby Brown
Lies, damned lies and gilding the lily: what next for fraudulent claims in Scotland?
In Scottish personal injury claims, the” F word” is still a dirty one. To paraphrase Verbal Kint, the greatest trick the Scottish fraudster ever pulled was convincing the courts he didn’t exist. With reforms on both sides of the border making Scotland a fertile breeding ground for less scrupulous claimants and organisations, for how long can this persist? In this talk, we will chart the development of the law on fraudulent civil claims in Scotland and question what the future holds.
Steven Smart, Horwich Farrelly
Funding for personal injury litigation
This session will include a discussion of recent Scottish legislation on Damages Based Agreements, Success Fees and Qualified One Way Cost Shifting (QOCS), with a comparative analysis of the English legislation and caselaw.
Robert Milligan KC, Compass Chambers
Judicial expenses in personal injury litigation
This session is intended to provide an insight into the world of Judicial Expenses. Mark will be looking, in particular, at changes over recent years. He will be discussing the recoverability of expenses and looking at the approach to negotiation and taxation of expenses. Expenses are becoming, in many cases, as important and hard fought as the litigation itself. It is intended that the session will be interactive allowing for questions which it is hoped will generate discussion on issues of interest.
Mark Traynor, Alex Quinn & Partners
The Role of the Expert Witness – An Orthopaedic Surgeon’s Perspective
In this session we will look at: what we need from the legal team in respect of report writing; causality - “exacerbation of pre-existing injuries” or “acceleration of symptoms”; how we formulate an opinion on a patient’s prospective recovery; and consenting in medical practice.
Mark Gaston, Consultant Orthopaedic Surgeon, Resolve Medicolegal
In this session, we will consider what pain disorders are, how you identify them and how you investigate them. Issues with client management will also be discussed.
David Wilson, Digby Brown
Employers' liability: damages and calamities in recent times
Since the Enterprise and Regulatory Reform Act 2013 came into force in October 2013, this has significantly impacted the work of personal injury lawyers working in the area of employers' liability. The Act has resulted in many legal questions arising in employers' liability being considered by the Courts. Jennifer will consider case law and whether these decisions offer clarity or calamity in this area of law.
Jennifer Thomson, Morton Fraser
“Show me the money!” – An update on quantum decisions in personal injury cases
In this talk, Elaine will cover recent quantum decisions in personal injury cases, including fatal claims and historic child abuse cases. The general trend of increasing awards, particularly in fatal and abuse cases, will be discussed as well as some of the difficulties the trend creates when advising both pursuers and insurers.