We are delighted to be returning to Murrayfield Stadium for the next in our Scots Law 2023 Conference Series, exclusively available to delegates in person on the day.
Chaired by David Wilson of Digby Brown, our annual conference will provide all personal injury lawyers and other practitioners with a comprehensive rundown of the key topics in 2023 from roads and road users, quantum and cross-border issues to non-accidental claims, handling expert witnesses, health and safety and procedural developments.
Kim Leslie of Digby Brown, Katherine Allen from Hugh James, Pinsent Masons' Charlotte O'Kane, Kirsty Yuill of Clyde & Co, Gavin Thornley from Compass Chambers and Keoghs' Eoin Quinn will join David on the speaking panel.
Questions to be considered will include:
what do the recent decisions in time bar in non-accidental cases and vicarious liability tell us?
what is the impact of Brexit on cross-border claims?
what is best practice for preparing for procedural hearings, opposed motion and proofs?
what is good or bad about an expert report?
what are the developing aspects of law around roads and road users in the context of personal injury claims?
how does current health and safety practice impact personal injury practitioners?
what is the impact of inflation on solatium awards?
What's being covered?
Time bar in non-accidental and vicarious liability claims
A review of recent decisions in both time bar in non-accidental cases and vicarious liability, which confirms the law is still on the move!
Kim Leslie, Digby Brown
Developments on roads and road users in the context of personal injury claims
Developing aspects of law around roads and road users in the context of personal injury claims will be considered with particular topics covered including incidents involving “vulnerable road users”, the influence of the Highway Code, e-scooters and automated vehicles.
Kirsty Yuill, Clyde & Co
The impact of Brexit on cross-border claims
This session will consider: whether you can bring the claim in your national courts; applicable law; claims against EU Guarantee Funds in cases where there is no insurance; and enforcement.
Katherine Allen, Hugh James
Current procedural update and best practice in the All Scotland Personal Injury Court and Sheriff Courts
In this presentation an update of current best practice in Personal Injury cases in the Sheriff Courts in Scotland, with a particular focus on ASPIC will be provided. The presentation will cover best practice to be adopted for preparing for procedural hearings, opposed motion and proofs. The session will highlight how best to prepare a case proceeding to a hearing, opposed motion or proof, and what the court expects in terms of documents, bundles, agreement of evidence and the presentation of evidence, including the availability hybrid proofs. Current trends on issues such as motions for an additional fee, sanction for counsel, certification of skilled witnesses, modification of expenses, reponing notes, remittal application, QOCS, along with circumstances when the Courts might be persuaded to send a case to debate, and how to prepare for such hearings will all also be considered.
Eoin Quinn, Keoghs
Health and Safety update
This session will provide an update on recent developments in health and safety law and practice and a review of key recent health and safety prosecutions. It will highlight the current activity of health and safety regulation and enforcement agencies and will inform attendees about the current areas of focus in health and safety. Health and safety issues and personal injury actions often flow from the same incident and an understanding of the current practice of health and safety will assist personal injury practitioners in dealing with those incidents.
Charlotte O’Kane, Pinsent Masons
This session will consider: what an expert is; instructing the right experts; what is good or bad about an expert report; cross examining experts; and quantum experts.
David Wilson, Digby Brown
In this session a selection of important recent cases and their impact on practice will be considered along with other forthcoming issues to look out for. Ronald and others v Perth & Kinross Council, recent pain disorder cases and a potentially important English case on inflation and its impact on solatium awards will all be discussed.