The Personal Injury Conference at Scots Law 2024

Murrayfield Stadium is the venue for the next event in our Scots Law Conference Series, exclusively available to delegates in person on the day.

We are delighted to welcome David Wilson of Digby Brown who will be chairing our new Personal Injury Conference. David will be joined by a panel of expert speakers including Louise Gallagher of DAC Beachcroft, Andrew Pollock from Drummond Miller, James Flett of Alex Quinn & Partners, Steven Smart from HF Scotland, Mark Gibson of Digby Brown and Donald Mackay from Compass Chambers.

With topics ranging from the impact of Brexit on PI practice to consent in medical negligence, occupiers liability and quantum, early booking is strongly advised for this important conference.

Questions to be considered will include

• what has been the impact of QOCS on fraudulent claims?
• what are the weak points in occupiers liability cases?
• how do you ensure that a proper judicial recovery of expenses is achieved?
• what is the latest in relation to quantum?
• what impact has Brexit had on personal injury practice?

What's being covered?

The impact of QOCS on fraudulent claims

Section 8(4)(a) of the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 expressly requires the Scottish courts to consider whether a party has acted fraudulently in a claim, in the context of legal expenses. Three years after its introduction, this session will review decisions since and consider the impact of this provision for practitioners, as well as what the implications may be for future claims.

Steven Smart, HF Scotland

Defending employer liability claims

Louise Gallagher, DAC Beachcroft

Occupiers liability and dangerous corners

In this session the weak points in occupiers liability cases will be considered, with examples such as relying on inappropriate building regulations and the duty of factors examined.

David Wilson, Digby Brown

Consent in medical negligence

Andrew Pollock, Drummond Miller

Judicial expenses in personal injury litigation

This session is aimed at providing a general overview of the recovery of judicial expenses in personal injury litigation. I will be looking at recent developments as well as taxation procedure to assist in ensuring a proper judicial recovery of expenses is achieved. It is intended that the session will be interactive allowing for questions throughout and hopefully generate discussion of issue of interest.

James Flett, Alex Quinn & Partners

Update on quantum in asbestos and fatal cases

The presentation will consider some recent awards in fatal claims, along with issues of provisional and full and final recovery of damages in asbestos claims. The issues in relation to asbestos claims will include an update on the impact of the recent Inner House decision in Crozier v Scottish Power [2024] CSIH 14.

Donald Mackay, Compass Chambers

The impact of Brexit on personal injury practice in Scotland

As well as looking at the constitutional background, this broad-ranging session will consider, amongst other things, the interpretation of retained EU law, the impact on product and employer liability, enforcement and applicable law.

Mark Gibson, Digby Brown