Personal Injury
The Essential Personal Injury Seminar
October 25th
Edinburgh
The Essential Personal Injury Seminar
October 25th
1:30 - 4:30pm
Speakers: David Tait, Ian Leach, Graeme Watson, John Thomson
Following on from the success of our recent conference, The Essential Personal Injury Seminar will provide delegates with an update on legal, and procedural developments affecting all who practise in the personal injury field.
Our speakers will bring you up to minute information on a variety of topics, including the following:
Occupational Disease Update
The talk will include: compulsory disease PAP and changing the way we deal with pre-lit disease claims; Meso quantum update following Manson v.BEIS, and the potential implications of immunotherapy treatment; and Low exposure arguments following Bussey v. Anglia Heating Ltd
Civil Litigation Expenses
With the recent introduction of the Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill – We will look at the bill and provide a Defenders/Insurers perspective with particular reference to the introduction of qualified one way cost shifting (QOCS ) . We will provide an analysis of the experience of insurers in England and Wales where QOCS is already in place, comments on submissions made to the Justice Committee ( due by 18/8/17 ) and views on how defenders will react to the new regime.
Historic Abuse
Abuse cases have been few and far between since the Lords' decision in B v Poor Sisters in 2008 meant many were time-barred. All that will change under the Limitation (Childhood Abuse) (Scotland) Act. What will be the practical impact for victims of abuse? Does the Act mean that there is no time bar defence? What other hurdles may face pursuers and what defences remain?
Presenting in front of a Jury
More than one generation of lawyers have come and gone since Civil Jury Trials were last heard in the Sheriff Court. On 3rd May 2017 the first Sheriff Court Jury Trial for over forty years was fought to a conclusion. The case produced a verdict that few would have predicted; the pursuer succeeded but contributory negligence was assessed at the very high and astonishingly precise figure of 96.5%. On one view, the case serves as a practical example of what a pyrrhic victory looks like. This talk will principally consider two questions. Firstly, why go to a Jury? – is it to try and get a better offer or to get a better result? Secondly, what do you do when you get there? – in the absence of a Socratic judge making the decision what rules of presentation work best?
The event begins at 1:30pm. Delegate registration is open from 1pm.
David Tait is an occupational disease specialist and managing partner of Clyde & Co Scotland. With long experience in the field of occupational disease, he has particular expertise in asbestos litigation. David successfully defends his insurance and commercial clients in both the Court of Session and sheriff courts. David is also regularly involved in lobbying the Scottish Parliament on behalf of clients in respect of the legislation applicable to occupational disease claims. David is a member of FOIL and has advised the ABI and major composite legacy insurers in relation to issues around disease matters. Chambers 2016 stated David is described as "top-level" and someone who has a "range of skill" that makes him "stand out." David is a regular speaker at external and Clyde & Co client conferences, addressing all aspects of occupational disease claims.
Ian Leach is Head of BLM’s Edinburgh office and has practised in civil litigation for over 30 years . He is a former tutor in civil advocacy at Edinburgh University , qualified as a solicitor Advocate in 2003 and is a member of Edinburgh Sheriff Court personal Injury Users Group . He acts for a number of insurers and corporate clients and specializes in high value complex litigation across a wide spectrum of liability claims including motor, employers liability and product liability.
Graeme Watson has a disease litigation practice with particular emphasis on historic abuse. He represented the successful defender in the leading authority on limitation in historic abuse litigation. He gave evidence to the Scottish Parliament's justice committee on the proposed legislative changes. He also acts extensively for healthcare professionals, particularly doctors and dentists, in clinical negligence claims and before the regulators. His practice covers fatal accident inquiries and public inquiries. Graeme represents professionals across a range of disciplines. He acts for accountants, brokers and other financial professionals. He is an adviser to the RICS and sits as a legal adviser to the disciplinary tribunal panels of the Institute and Faculty of Actuaries. His practice covers litigation, arbitration and mediation. He is recommended by Chambers and Legal 500 for his legal expertise.
John Thomson is an Advocate with three decades of litigating in Personal Injury cases. He has conducted many Jury Trials including the first in ASPIC. In that case he acted for the defender and obtained a 96.5% finding of contributory negligence. John usually acts for the insurers but has also conducted many cases for the pursuer and is instructed by the leading insurance firms in Scotland. While often conducting cases from catastrophic injury to low speed impacts, he also has a specialist interest in fraud and the accountancy aspects of cases
