Litigation & Dispute Resolution. Your CPD Training Guide July 2015 Onwards

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1 Litigation & Dispute Resolution Your CPD Training Guide July 2015 Onwards

2 2 Contents Litigation and Dispute Resolution Courses 10 Tricky Points in Insurance Law Act and Other Claims Against PRs 27 Adjudication: a Practical Guide 23 Avoiding and Managing Commercial Disputes: A Guide for In-House Counsel 8 Certificate in Civil Litigation Procedure 7 Certificate in Costs Law NEW 9 Clinical Negligence and Patient Consent - The New Law NEW 33 Commercial Torts and Remedies: A Practical Guide 14 Conducting a Civil Claim from Start to Finish in the Post-Jackson Era 6 Consumer Credit Litigation: The Changes 30 Consumer Law Update Contentious Probate and Will Disputes: Developing Your Knowledge 27 Contentious Probate: Current Issues and Problem Areas for Practitioners 26 Contractual Disputes: The Complete Picture 13 Coping With the FCA Sourcebook - A Survival Guide NEW 31 Costs and Funding Arrangements - The Tricks, Traps and Outcomes of the Jackson Reforms 9 CPR, Civil Litigation and Jackson Update Crafting Successful Skeleton Arguments NEW 48 Disciplinary and Regulatory Proceedings: Enforcing Professional Duties and Obligations 21 Disputes Over Commercial Goods: The Law and Procedure Explained NEW 17 Economic Loss - What Can You Recover and How? NEW 16 E-Disclosure: A Practical Workshop NEW 10 Enforcement of a Judgment: The New Law and Practice 12 Executing Documents: How to Get it Right First Time 16 Getting to the Money - Proactive Debt Recovery in Has Wonga a Future? - The Outlook for Pay Day Lenders Under the New Regime NEW 31 How to Settle a Case: A Guide for Litigators 10 Insurance Law: A Practical Introduction 22 Legal Aid Supervision: An Introduction 32

3 Contents Litigation and Dispute Resolution Courses continued Limiting Liability - Indemnities, Warranties and Guarantees that Work 13 Part 36 - The Ultimate Guide 8 Professional Negligence Claims - Pursuing and Defending 20 Professional Negligence Update 17 Recovering Barristers Fees in Privately Funded Cases 21 Solicitors Professional Negligence Claims NEW 20 Understanding and Managing Intellectual Property Disputes 26 Winning in the Small Claims Court 11 Litigation and Dispute Conference A Private Client Lawyer s Guide to Contentious Probate Conference 29 Aviation Litigation Conference 25 Regulation of Healthcare Professionals 2015 Conference 18 Personal Injury Law and Clinical Negligence Courses Advocacy for the Personal Injury Lawyer 38 Certificate in Clinical Negligence NEW 37 Certificate in Personal Injury 33 Damages - Dealing with Higher Value PI Claims 35 Getting the Best Out of Your Expert Witness: A Psychologist s Guide 35 Industrial Disease - Developing your Skills NEW 34 Inquests: Guidance from a Coroner 36 Occupiers, Employers and Public Liability 34 Personal Injury Update Understanding Psychological Injury NEW Quote booking reference SG117781

4 4 Contents Conversion Courses Certificate in Commercial Contract Drafting 39 Certificate in Insolvency Law 42 Certificate in Intellectual Property Law NEW 41 Converting Your Practice to Employment Law 42 Essential Toolkit for In-house Counsel NEW 40 Private Client Conversion Course 44 Residential Property: An Intensive Introduction for Qualified Practitioners 45 Property Litigation Courses An Introduction to Commercial Property Litigation: Part One 45 An Introduction to Commercial Property Litigation: Part Two 46 Litigation Skills Courses Interviewing Witnesses: How to Unlock Their Memories 47 Litigation Drafting - A Comprehensive Guide 47 Project Managing Litigation - A Toolkit for Your Firm 46 All Webinars Acting Against Litigants in Person 50 An Update on Claims Against Professionals 50 Attachment of Earnings Orders & Using Insolvency as a Debt Collection Tool 50 Challenging Arbitration Awards 50 Charging Orders and Orders for Sale and Third Party Debt Orders 50 Claims Against the Police post Worboys 50 Costs Budgeting and the New Format Bill of Costs 50 Countdown to Trial in the Civil Courts: What You Need to Know 50 Damages in Contract Law: A Refresher and Update 50 Dental Negligence Claims: An Introduction 51

5 Contents Disease Cases and Limitation 51 Early Determination: The Shortest Cut or the Longest Way Round? 51 E-Disclosure in the Technology and Construction Court: The Protocol Explained 51 Enforcement Due Diligence: Profiling the Debtor 51 Enforcement of a Judgment: The new Regime 6 months on 51 Holiday Claims: An Introduction and Overview 51 Instructing and Working with Counsel: a Guide for Junior Lawyers 51 New Guidance on Working with Expert Witnesses 51 Part 36 and PI Claims 51 Part 36 in the Post-Jackson Era 51 Personal Injury Trusts Part 1: Protecting Benefit Entitlements from Compensation 51 Pre-Action and Third Party Disclosure and Norwich Pharmacal Relief 51 Precedent Help! Getting to Grips with Precedent H 51 Preparing for Mediation 51 Qualified One-Way Costs Shifting 51 Recasting the Runes An Overview of the Brussels Regulation Recast 51 Recent Developments in Litigation Funding 51 Relief From Sanctions: Is Mitchell Still Good Law? 52 Selecting and Using E-Disclosure Technology 52 Service of Proceedings at Home and Abroad 52 Settlement Practice 52 Sports Injuries: Understanding the legal issues 52 The Claims Portal: An Introduction 52 The Coroners Court: Get the Best Result for Your Client 52 Through the Portals 52 What Litigators Need to Know About Trusts 52 Which Law Applies? 52 Without Prejudice: Not Without Limits Quote booking reference SG117781

6 6 Just some of the topics to be covered throughout the day include: Litigation and Dispute Resolution CPR, Civil Litigation and Jackson Update 2015 Update 6 hours CPD Best Seller Hot Topic This course will provide you with a comprehensive, detailed and up to the minute review of the CPR and Jackson reforms. Reforms and updates Relief from sanctions CFAs and funding Pre-action protocols and ADR Service of proceedings in and out of the jurisdiction Case management Interim remedies Part 36 and settlement Costs Enforcement Appeals. Speaker: Ian Gascoigne is a solicitor and a partner of Eversheds LLP in its commercial dispute resolution group. He handles most forms of commercial litigation and has considerable experience of international arbitration. He trains lawyers on a variety of litigation subjects. Or Andrew McLoughlin, solicitor, has been granted Higher Rights of Audience for Civil and Criminal proceedings and sits as a recorder in the Crown and County Courts. Andrew has been described by a previous delegate as an extremely erudite and knowledgeable gentleman with a sharp sense of humour. An absolute joy to learn from. Truly outstanding. Or Janice McMullen is a Solicitor with significant commercial litigation experience gained both in private practice and for a time in-house at a leading building society. She is now a freelance legal trainer and sits as a Deputy District Judge and Civil Recorder on the North Eastern circuit. Conducting a Civil Claim from Start to Finish in the Post-Jackson Era Foundation 6 hours This is a comprehensive and common sense course, concentrating on the practical aspects of conducting a civil claim. It is designed to give you a full understanding of how to conduct civil proceedings from start to finish and has been fully revised and updated to take account of the Jackson reforms. It will be particularly of interest to those who are new to litigation, in-house counsel and those returning from a career break. The course includes: Initial instructions and steps What to do next in protocol and non-protocol cases Obtaining and preparing the evidence A brief outline of costs issues Negotiations and offers the different options and tactics Part 36 offers and payments tactics and pitfalls Statements of case and starting proceedings The tracks and case management Interim applications Preparing for trial and trial procedure Judgment and enforcement. Speaker: Andrew McLoughlin, solicitor, has been granted Higher Rights of Audience for Civil and Criminal proceedings and sits as a recorder in the Crown and County Courts. Andrew has been described by a previous delegate as an extremely erudite and knowledgeable gentleman with a sharp sense of humour. An absolute joy to learn from. Truly outstanding. 5 Aug, 16 Oct Norwich 29 Sep Cardiff 9 Sep Leicester 7 Oct Birmingham 16 Sep Manchester 8 Oct Southampton 25 Sep Bristol 9 Oct Leeds Manchester Birmingham 15 Sep 7 Oct 14 Oct 28 Oct VAT Package price (minimum spend applies) VAT CLT Members/ VAT Non-members VAT Package price (minimum spend applies) VAT CLT Members/ VAT Non-members Quote booking reference SG117781

7 Litigation and Dispute Resolution Certificate in Civil Litigation Procedure Foundation 12 hours CPD This 2 day course is designed for practitioners wishing to gain a good practical grounding in this field. It is suitable for trainees, newly qualified solicitors and paralegals as well as for those returning after a career break or wishing to change disciplines. It is designed to provide an A to Z of litigation. Topics covered include: Preliminary matters - Information required from and to be given to the client - Costs considerations - Is the claim/defence worth pursuing? - Limitation - Can it be settled? - Pre-action protocols - Negotiations and tactics - WP and open communications - Part 36 Preparing for litigation - Pre-action disclosure - Obtaining information from third parties - Preserving evidence - Pre-action interim remedies Starting proceedings - Drafting statements of case - RFIs - Issuing and serving the claim Case management - Allocation and directions - Strike out/court sanctions - Vexatious applications - Early judgment - Summary judgment/strike out - Default judgment Future dates available online Witness statements - Preparing statements for interim applications and trial - The use of witness summaries - Hearsay evidence Experts - Single joint and separately instructed experts - the practical implications - Instructing the expert - Without prejudice meetings - What can the other side see? Disclosure - What needs to be disclosed? - Available objections - Privilege claims Preparing for trial Speaker: Francis Treasure is a very experienced barrister practising in civil/common Law, with particular interests in personal injury and professional negligence. The presentation and content of his courses are very highly rated by delegates. Andrew McLoughlin, solicitor, has been granted Higher Rights of Audience for Civil and Criminal proceedings and sits as a recorder in the Crown and County Courts. Andrew has been described by a previous delegate as an extremely erudite and knowledgeable gentleman with a sharp sense of humour. An absolute joy to learn from. Truly outstanding Oct VAT Package price (minimum spend applies) VAT CLT Members/ VAT Non-members early Bird 10% OFF see page 43

8 8 Litigation and Dispute Resolution Avoiding and Managing Commercial Disputes: A Guide for In-House Counsel Intermediate 6 hours CPD Commercial disputes are a fact of life but can be a real headache for in-house counsel. Many in-house teams have little spare capacity and limited experience of litigation and face the challenge of using external resource effectively and keeping business disruption to a minimum. This course is designed for in-house lawyers who do not have a contentious background. It will assist you to minimise the risk of disputes by identifying risk factors in procurement processes and implementing measures to mitigate these risks. It will help you to deal with disputes as they arise, examining the issues that should be considered, advising on compliance with disclosure obligations and providing strategies to reduce the cost and time incurred. This is a course that will reap dividends for a busy in-house lawyer and will cover: Where do the risks occur? Dispute resolution provisions Preliminary issues to consider when a dispute arises Funding litigation Case strategy Disclosure and document management Privilege Cross-border disputes Speaker: Iain Maxwell, is an experienced dispute resolution lawyer and solicitor advocate practising in the Herbert Smith Freehills dispute resolution division. Iain specialises in international arbitration, with particular expertise in investment arbitration, and has also acted in proceedings before the English High Court. Part 36 - The Ultimate Guide Update 3 hours CPD Part 36 is, arguably, the most important of the Civil Procedure Rules. Used effectively, it is an invaluable tool for the litigator. It can make the difference between a pyrrhic victory and a real recovery for the client. It enables positional bargaining and effective negotiations. This course provides an in-depth guide to the rule and updates practitioners on the very latest case law including changes made on 6th April Dealing with a counterclaim-new change Impacts on costs budgeting new change Time limited offers-new change-is C v D affected below How to make improved offers-new change Late acceptance- new change and new implications The requirements of the Part 36 offer Costs consequences for the claimant Tactics for the Defendant Rejecting and Withdrawing offers - the position after Gibbon v Manchester City Council (2010) Reference to time limited offers after C v D (2011) Tactics considerations and tips Enforcement of Part 36 offers pre and post issue Beating the offer redefined after the Carver and Multiplex cases The relationship with CPR Part 44 (costs) The Jackson reforms to Part 36 PGF II and the costs implications Impact of near miss Part 36 offers Coward v Phaestos Ltd 2014 EWCA-its implications. Speaker: Andrew McLoughlin, Solicitor, has been granted Higher Rights of Audience for Civil and Criminal proceedings and sits as a recorder in the Crown and County Courts. Andrew has been described by a previous delegate as an extremely erudite and knowledgeable gentleman with a sharp sense of humour. An absolute joy to learn from. Truly outstanding. 20 Oct Manchester Birmingham 23 Oct am 26 Oct am 29 Oct am VAT Package price (minimum spend applies) VAT CLT Members/ VAT Non-members 90 + VAT Package price (minimum spend applies) VAT CLT Members/ VAT Non-members Future dates 7705 available online Quote booking reference SG117781

9 Litigation and Dispute Resolution Certificate in Costs Law NEW Faoundation 6 hours CPD This practical course is presented by an experienced costs lawyer and lecturer and will provide junior lawyers with a basic knowledge of costs law. It will explain the fundamentals and consolidate knowledge in key areas with some worked examples, giving you the competence and confidence to advise clients and undertake basic applications. The course will consider: 1. What are legal costs? 2. What is the indemnity principle? 3. How are legal costs assessed? Standard Basis v Indemnity Basis 4. What is summary assessment (with practical exercise)? 5. What is detailed assessment? 6. What is provisional assessment? 7. What is costs management (with practical exercise)? How does it interact with detailed assessment? 8. The new era of phased time recording and the J-Codes 9. Hourly rates what are the SCCO guideline hourly rates? How do I achieve more than the Guideline Rates? 10. Funding what are the ways in which to fund litigation? 11. What is proportionality? Why is it so important? 12. Solicitor/own client costs 13. A look at some key costs law decisions. Speaker: Andrew McAulay is a Costs Lawyer and Chair of the education committee for the Association of Costs Lawyers (ACL). Andrew leads the costs and funding team at Clarion Solicitors and acted and advised on the reported Court of Appeal Case of Troy v Manton. Birmingham Leeds Manchester 11 Sep 17 Sep 8 Oct 9 Oct Costs and Funding Arrangements - The Tricks, Traps and Outcomes of the Jackson Reforms Intermediate 6 hours CPD To say that the last year has seen change in the civil litigation arena is something of an understatement! The decisions in Mitchell and subsequent cases have significantly impacted on all aspects of litigation and practitioners are seeking judicial guidance and clarification on a number of costs issues. The funding of litigation raises yet more queries and pitfalls - what s happening with DBAs, are CFAs still a viable product and what about ATE and who should pay for it? This course has been specifically designed to examine the world pre and post- Jackson and provides a comprehensive costs and funding update including: Proportionality pre and post Jackson Relief from sanctions notice of funding, s.32 information Funding a case what arrangements can we now use? And what about our old cases? Costs recovery summary, provisional and detailed assessment Costs Management the developing case law The Court s new approach to litigation Success Fees and ATE Premiums what can I recover and when? Fixed costs MOJ Portal, predictive costs and cases that drop out Costs offers Part 47 or Part 36? What offers to make and when? Speaker: Dominic Swallow is a costs lawyer and principal at Century Consultants Limited. He has previously worked for the largest defendant costs negotiating firm in the country and has also headed up the costs unit for a top-25 national commercial law firm. Manchester 15 Sep, 27 Oct Bristol 13 Oct 16 Sep Leeds 7 Oct Birmingham 8 Oct VAT Package price (minimum spend applies) VAT CLT Members/ 495+ VAT Non-members Future dates available online VAT Package price (minimum spend applies) VAT CLT Members/ VAT Non-members early Bird 10% OFF see page 43

10 10 Litigation and Dispute Resolution How to Settle a Case: A Guide for Litigators Intermediate 3 hours CPD This course follows the thinking of the recent Jackson Reforms and provides a practical guide to negotiating, corresponding and drafting on behalf of your party to an advantageous compromise. With new ideas and tips for litigators who have heard it all before, this course provides precedents and new strategies to make the most of the new approach to litigation tactics after 1st April Pre-action - how to correspond to engage the other side in ADR The power of the without prejudice meeting Working Part 36 and Calderbank offers to their maximum effect The issue checklist: have you done enough to protect your party as to costs? Unreasonableness audit: have you sufficient evidence of their unreasonable behaviour How to approach negotiation and the without prejudice meeting: challenging blanket refusals BATNAs and ZOPAs Undoing their negotiation style Tips for deadlock and terrorists Using recent costs slicing cases to force them to settle Drafting a bomb proof settlement agreement before issue Undertakings and Orders Tomlins and enforcement. Speaker: Helen Swaffield is a barrister with 20 years experience in commercial litigation. Within her practice at St Ives Chambers, Helen works with government bodies and leading firms of solicitors on a range of commercial and in-house projects. E-Disclosure: A Practical Workshop NEW Intermediate 6 hours CPD This workshop is presented by leading litigation technology consultant and edisclosure expert, Andrew Haslam. It will teach you the basics of edisclosure and how it fits into the litigation process. It is aimed at junior lawyers and litigation support suppliers but will also be of interest to those who need to improve their understanding of edisclosure. By the end of the workshop, participants will: Understand the history and background to Part 31, the EDQ, Jackson and the TCC Protocol. Understand the EDRM model, what lawyers and suppliers need to do at each stage of it, and the various technologies that can assist them. Grasp the basic requirements for Collection, Processing, Review and Analysis. Gain an understanding of Computer Assisted Review. Participate in exercises to consolidate the lessons of the session Speaker: Andrew Haslam has been providing specialist legal IT advice, edisclosure strategy and practical help to the UK s top law firms since From early 2004, Andrew has been at the forefront of developments in edisclosure, and is recognised as one of the UK s leading consultants in this field. He manages a Litigation Support team at Hogan Lovells International LLP and delivers strategic edisclosure support to leading law firms, Barristers chambers and their clients. He was part of the working party which produced both the original and revised versions of the TCC Protocol and Guidelines. Birmingham 28 Sep am 1 Oct am Manchester 29 Sep 14 Oct 90 + VAT Package price (minimum spend applies) VAT CLT Members/ VAT Non-members VAT Package price (minimum spend applies) VAT CLT Members/ VAT Non-members Future dates 7705 available online Quote booking reference SG117781

11 Litigation and Dispute Resolution CLT Membership Now worth more than ever Packages now available from as little as 30/hour Future dates available online An investment in knowledge will always pay the best interest. Join today, along with 32,000 others: mm x 121mm 400 minimum spend required with terms and conditions Winning in the Small Claims Court Foundation 3 hours CPD Following the recent increase in the maximum value to 10,000, it is more likely than ever that clients will seek legal representation in connection with a small claim. This course, which is presented by barrister and experienced tutor Leon Glenister, is aimed at paralegals, trainee and junior solicitors and may also be useful to litigants in person. It will explain which cases are suitable for the small claims track and how the Court approaches them. It will also highlight some of the trickier issues you may encounter and suggest tactics for success. What is (and is not) suitable for the small claims track Drafting claims/defences Calculating interest Settlement offers Default judgments and summary disposal When will Standard Directions need to be altered? Preparing for the hearing: do s and don ts Presenting the case Appeals When can I recover costs (and what can I claim?) Enforcing a judgment. Speakers: Leon Glenister, is a barrister at Hardwicke whose practice centres on Public Law and Commercial/Insurance Law. He has appeared in the Court of Appeal, High Court, County Court and FTT and has recently successfully dealt with applications in relation to the Mitchell criteria. Leon is a tutor in Law at the University of Cambridge. He regularly writes and comments for national and international publications and blogs at LawThink and Martyn Griffiths, joined Hardwicke in Autumn He regularly appears in the County Court and High Court on trials and interim applications. Martyn is particularly interested in insurance and commercial work. He has acted in cases involving issues of negligence, occupiers liability and breach of contract. Martyn is commercially aware and prides himself on providing practical advice. Manchester 12 Oct pm 22 Oct pm 90 + VAT Package price (minimum spend applies) VAT CLT Members/ VAT Non-members early Bird 10% OFF see page 43

12 12 Litigation and Dispute Resolution Enforcement of a Judgment: The New Law and Practice Masterclass 6 hours CPD Last spring saw the biggest shake up in debt enforcement for many years. Provisions of the Tribunals, Courts and Enforcement Act 2007, for which we waited six years, were finally enacted. All practitioners working in the area of commercial litigation and debt recovery need to understand how these developments impact on their practice. This Masterclass will explain the changes and update you on other recent developments in the world of enforcement. Presented by Stephen Allinson, a very experienced solicitor in this area and Alan Smith, a high court enforcement officer, the masterclass will be practical and work through case studies. It will provide tips and tactics to ensure you are not caught out by these changes and that you are able to advise your clients swiftly and effectively on recovery options. The masterclass will cover: Tribunals Courts and Enforcement Act goodbye to writs of Fi fa and hello to Taking Control of Goods The review of Enforcement Regulation generally Crime and Courts Act what does this say about enforcement? Charging Orders and Orders for Sale - should we be using them more? Protecting the assets in debt recovery: injunctions and insolvency proceedings Landlord and Tenant Debt Recovery - welcome to the world of CRAR Speakers: Stephen Allinson is Chairman of the Joint Insolvency Examination Board. He is a Consultant with Lester Aldridge Solicitors as well as lecturing and presenting. He has for many years been recognised as a leader in his field by legal directories. He regularly contributes to professional publications and has written a leading text on Debt Recovery. Alan Smith is Director of Corporate Governance at HCE Group. He is an authorised high court enforcement officer. Alan sits as a director and treasurer of the High Court Enforcement Officers Association. He has worked on the expert working group with the Security Industry Authority on a future licensing of enforcement agents and also worked closely with the High Court Enforcement fees. He sits on the Association s educational board and is an ICM examiner for the Association s newly established qualification. Interesting, informative, entertaining speakers Leeds 2 Sep 17 Sep VAT Package price (minimum spend applies) VAT CLT Members/ VAT Non-members Quote booking reference SG117781

13 Litigation and Dispute Resolution Contractual Disputes: The Complete Picture Intermediate 6 hours CPD This is a highly practical course which focuses on the opportunities and risks occurring in every day commercial contracts which underpin most civil disputes, making it a must for private practitioners and In-house lawyers whether negotiating, drafting or litigating on contract and commercial matters. Topics covered include: The legal risks audit Avoid litigation - essential protective terms Incorporation of terms and life after the battle of the forms Avoiding challenges to the enforceability of settlements Entire agreement clauses, pushing them to the limit Compromise agreements: 3 simple rules Damages update, recent developments and calculation issues Liquidated damages and penalty clauses revisited, the use of a condition precedent Making time of the essence, the danger of the Union Eagle case Post termination restrictive covenants Language and punctuation Exclusions and limitations Contractual intent and enforceability including the danger of commencing work prior to signing off Discharge and terminating the contract and the exposure of wrongful termination Dispute resolution provisions and ADR clauses Traps for the unwary The solicitors must know list of contract and commercial law principles. Speaker: Helen Swaffield is a barrister with 20 years experience in commercial litigation. Within her practice at St Ives Chambers, Helen works with government bodies and leading firms of solicitors on a range of commercial and in-house projects. Excellent delivery, very well explained Limiting Liability - Indemnities, Warranties and Guarantees that Work Advanced 6 hours CPD This course is aimed at experienced practitioners who negotiate and draft commercial contracts in private practice and in-house and may also be of interest to litigators. It undertakes an in-depth review of the problem areas around the limitation of liability in commercial contracts. It will also identify common obstacles in negotiations and suggest ways in which these can be navigated: Limitation of liability: caps, what is reasonable? Deliberate breach scenarios; relationship with entire agreement, warranties and indemnities. Indemnities: providing and resisting, scope and trigger mechanisms, support or replace the obligation, enforcement Warranties: what can be covered? How to tailor to specific use; services warranties, title, IPR and quality, flow-down and chain issues Financial and performance guarantees: form and structure, primary and secondary issues, using bonds and escrow, the impact of change control, e-signatures and pre-emptive defences and enforcement Speaker: Helen Swaffield is a barrister with 20 years experience in commercial litigation. Within her practice at St Ives Chambers, Helen works with government bodies and leading firms of solicitors on a range of commercial and in-house projects. Helen was as informative, engaging and entertaining as ever. Clear and helpful seminar Bristol 9 Sep 28 Oct Leeds 19 Sep Newcastle 30 Sep Southampton 2 Oct Manchester Birmingham 8 Sep 19 Oct 26 Oct, 7 Dec VAT Package price (minimum spend applies) VAT CLT Members/ VAT Non-members Future dates available online VAT Package price (minimum spend applies) 210+ VAT CLT Members/ VAT Non-members early Bird 10% OFF see page 43

14 14 Litigation and Dispute Resolution Getting to the Money - Proactive Debt Recovery in 2015 Update 6 hours CPD This course is aimed at civil litigators, debt recovery practitioners and paralegals who wish to enhance their understanding of the debt recovery process from taking instructions through to enforcement in the new regime. It includes: Compliance and Regulatory Issues Pre-action considerations: profiling the debt and the debtor Possible defences Limitation Interest Default judgments Summary judgment/strike out Costs and Part 36 offers Enforcement: advantages and disadvantages of different remedies Insolvency procedures: when to use and when to avoid Recent reforms and case law. Stephen Allinson has a proven track record in establishing a successful, nationally recognised debt collection practice and will provide advice on marketing, developing and building a debt recovery practice. You will have the opportunity to apply your knowledge through practical group exercises and leave confident and ready to put into practice what you have learnt. Speaker: Stephen Allinson is Chairman of the Joint Insolvency Examination Board. He is a Consultant with Lester Aldridge Solicitors as well as lecturing and presenting. He has for many years been recognised as a leader in his field by legal directories. He regularly contributes to professional publications and has written a leading text on Debt Recovery. Fantastic course! Highly recommended. Commercial Torts and Remedies: A Practical Guide Intermediate 6 hours CPD This course provides a practical review of commercial torts, explaining how noncontractual liability can arise in a range of different scenarios. It explores emerging causes of action and explains how commercial remedies are developing. Topics covered include: Professional negligence and breach of statutory duty update Fraudulent misrepresentation in shares and assets sales Economic torts, and passing off Interference with goods the extension of commercial torts and the special relationship fraud, mis-selling and financial wrongdoing Damages update including economic loss Procedural issues limitation, contributory negligence and evidence Speaker: Helen Swaffield, is a barrister with 20 years experience in commercial litigation. Within her practice at St Ives Chambers, Helen works with government bodies and leading firms of solicitors on a range of commercial and in-house projects. Birmingham Manchester 5 Oct 15 Oct 22 Oct Manchester 12 Oct 21 Oct VAT Package price (minimum spend applies) VAT CLT Members/ VAT Non-members VAT Package price (minimum spend applies) VAT CLT Members/ VAT Non-members Future dates available online

15 Current Issues in Commercial Contracts Masterclass Current Issues in Commercial Contracts Masterclass This conference provides a comprehensive review of key topics for the commercial practitioner. The two day event divides into contentious and non-contentious practice areas from experts in their field September 2015 Central Fees: VAT CLT Members VAT Non-Members VAT Package price Quote booking reference SG117781

16 16 Litigation and Dispute Resolution Economic Loss - What Can You Recover and How? NEW Intermediate 3 hours CPD This course will explain how businesses can recover financial losses when a breach of contract claim may not be available. It will focus on the different types of financial loss claims and explain how the courts will determine liability. The application of the rules on financial loss in cases of property damage and damage to financial interests The distinction between damage and latent defects in property devaluation litigation An analysis of key concepts used in non-contractual financial loss litigation such as proximity and assumption of responsibility The limits of consequential economic loss recognised by the English courts Concurrent claims in contract and tort - when are they available? Recent case-law including Smeaton v Equifax; St John Poulton s TIB v Ministry of Defence Speaker: Graeme Wood, was called to the Bar in 1984 and has extensive commercial litigation experience across a range of jurisdictions. He is currently senior counsel at Europalaw. He has taught for several years at the School of Economics. Graeme has also lectured in Europe and the Middle East as well as publishing in the fields of commercial and comparative law. Executing Documents: How to Get it Right First Time Foundation 3 hours CPD The deal is done and completion documents are ready, but you are not home and dry. It is surprising how often last minute hitches and queries arise and you need to be equipped to advise your client with confidence. This course provides a comprehensive guide for all commercial practitioners on the signing and execution of documents. It reviews recent guidance and cases and explains some of the more challenging situations that you will have to deal with in practice. Topics to be covered include: Can one director sign for several entities? Electronic signatures Counterparts Execution blocks (deeds and under hand) Power of attorney Land Registry guidance Completion meetings (other than in person) and Law Society guidance on virtual signing Amending documents pre and post execution The Mercury case Rule in Pigot s case and Raiffeisen Zentralbank Osterreich AG Williams & Others vs. Redcard Ltd & Others; Garguilo and Ors Warranties for authority Dealing with absence of authority. Speaker: Helen Swaffield, is a barrister with 20 years experience in commercial litigation. Within her practice at St Ives Chambers, Helen works with government bodies and leading firms of solicitors on a range of commercial and in-house projects. Leeds Birmingham Bristol 10 Sep pm 15 Sep pm 22 Sep pm 23 Sep pm 1 Oct pm 90 + VAT Package price (minimum spend applies) VAT CLT Members/ VAT Non-members 90 + VAT Package price (minimum spend applies) VAT CLT Members/ VAT Non-members Future dates 7705 available online Quote booking reference SG117781

17 Litigation and Dispute Resolution Disputes Over Commercial Goods: The Law and Procedure Explained NEW Intermediate 6 hours CPD Sheets of steel, copper wire, confidential documents, racehorses, currency, factory plant and machinery, salvage and shipwrecks, jewellery, bullion and precious metal the list goes on and on. A vast amount of commercial litigation is concerned with disputes over chattels of all shapes and sizes. In order to advise effectively lawyers must consider not only general contractual principles, but also a wide variety of rights and remedies from other, diverse fields of law. This course reviews the key doctrines, claims, procedures and remedies that are relevant to commercial goods disputes and explains how they interact. It will cover: The fundamental concepts of personal property which underpin such disputes, including ownership, possession and equitable interests in goods. The role of bailment, contract, unjust enrichment and the chattel torts (including negligent damage to goods and conversion) and how they fit together. The Torts (Wrongful Interference with Goods) Act An overview of the Sale of Goods (including retention of title). Security interests in goods (charges, mortgages, pledges and liens). Chattel leases and the hire of goods. Title disputes and priorities. Practice and procedure, including interpleader, injunctions, delivery up and damages. Speaker: Luke Harris, is a barrister practising at 3 Stone Buildings. Luke has a wide-ranging commercial chancery practice with a particular emphasis on claims involving chattels and bailment, trusts, contentious probate, the administration of estates, claims under the 1975 Act and property including constructive trusts and proprietary estoppel. Professional Negligence Update Update 5 hours CPD This course will focus on developments in professional liability, including both negligence and contractual liability, as reflected by appellate court case law over recent years. You will gain an understanding of professional liability, the duty of care, the standard of care, causation, loss of chance, and limitation in a number of professions, with a particular emphasis on solicitors and barristers liability, but including some coverage of surveyors, accountants and insurance brokers claims. A large number of the principal cases in this complex field shall be discussed. There will also be a practical session focusing on a recent case that raises many issues covered in the course. Finally, delegates will receive an insight into the implication for professional liability practitioners of the Jackson reforms, Mitchell vs. News Group Newspapers [2013] EWCA Civ 1537 and subsequent cases. Speaker: Laurence Page is a commercial barrister at Hardwicke with particular specialisms in professional liability, insurance coverage and construction disputes. In his professional negligence practice, Laurence has a wealth of experience bringing and defending high-value and complex actions against solicitors, financial services professionals, surveyors, accountants, actuaries, insurance brokers and architects. Laurence previously worked as an employed barrister at a leading city law firm and has been seconded to a major insurer. Birmingham Manchester 30 Sep 14 Oct 21 Oct Birmingham Manchester 15 Sep 23 Sep 29 Sep VAT Package price (minimum spend applies) VAT CLT Members/ VAT Non-members Future dates available online VAT Package price (minimum spend applies) VAT CLT Members/ VAT Non-members early Bird 10% OFF see page 43

18 18 Regulation of Healthcare Professionals 2015 Conference 29 September 2015 Central Fees: VAT Package price (minimum spend applies) VAT CLT Members/ VAT Non-Members This conference, devoted specifically to the regulation of healthcare professionals, is designed to keep those working in the field abreast of recent statutory, jurisprudential, procedural and other developments affecting all the regulated healthcare professions. Expert speakers will provide insights into the post-francis duty of candour, proceedings before the MPT, developments in the regulation of nurses and midwives, proceedings against NHS hospital doctors and dentists under the MHPS, and the PSA s voluntary accredited register programme. Chaired by Joanna Glynn QC, the speakers will address issues of significant practical application, including the ever-popular case law update from Kenneth Hamer, author of the Professional Conduct Casebook. Whether you are a regulator or you act for registrants, this is a conference not to be missed. Chair Joanna Glynn QC has extensive experience of professional regulatory and disciplinary work, acting for registrants and most of the health care regulators since the mid 1990s. She has been ranked as a leading silk (band 1) in the Chambers Directory for professional discipline for many years. She is co-author of Fitness to Practise: Health Care Regulatory Law, Principle and Process and The Regulation of Healthcare Professionals: Law, Principle and Process (Sweet and Maxwell, 2005 and 2012 respectively). She is establishing a LLM module on healthcare regulation at Queen Mary, University of [QMUL] School of Law, the first of its kind, from September Speakers Christine Braithwaite (LLM) is Director of Standards and Policy at the Professional Standards Authority for Health and Social Care where her responsibilities include providing advice to the Secretary of State about the regulation of health and care professionals. The Professional Standards Authority oversees the nine UK health and care professional regulators. Christine was previously Head of Investigation and Enforcement at the Care Quality Commission, led the Healthcare Commission s national healthcare associated infection inspection programme and was a Review Manager at the Commission for Healthcare Improvement. She has also worked for the Health Service Ombudsman. Martin Downs is a barrister at 1 Crown Office Row, and has substantial experience in the field of employment law particularly where it intersects with professional regulatory law. He has been a fee-paid Employment Tribunal Judge for 13 years. Kenneth Hamer is a barrister and recorder of the Crown Court. He is a member of the prosecuting panel of the Bar Standards Board, former chairman of the Appeal Committee of the Chartered Institute of Management Accountants, and a legal assessor to the GMC, NMC and GDC. He is the author of Professional Conduct Casebook, published by Oxford University Press, March George Hugh-Jones QC was called to the bar in 1983 and took silk in He practises from Serjeants Inn Chambers and specialises in clinical negligence and regulatory law. He headed the Serjeants Inn regulatory team from Robert Kellar: The Legal 500 recognises Robert as a leading junior in professional discipline. He has been instructed in a number of leading High Court cases in the field of healthcare. He is regularly instructed on behalf of individuals, particularly doctors and other healthcare professionals, in regulatory and disciplinary hearings. Anu Thompson was called to the Bar in 1994 and spent many years in private practice at the Criminal Bar before joining the NMC in 2008 as a case presenter. She went on to lead the appeal work at the NMC, appearing in many of the NMC s leading cases. She is now responsible for the NMC s legal services in fitness to practise overseeing the work of the in house legal and case preparation teams, as well as being closely involved in the development of fitness to practise policy and training.

19 Regulation of Healthcare Professionals 2015 Conference 9.00 Registration 9.30 Chair s Welcome and Introduction Joanna Glynn QC, 1 Crown Office Row 9.45 Maintaining High Professional Standards in the Modern NHS - handling conduct and capability concerns about employed doctors and dentists in the NHS The legal status and significance of the MHPS framework Foundation Hospitals The handling of Suspensions Injunctions The role of the National Clinical Assessment Service (NCAS) Employment Tribunals. Martin Downs, 1 Crown Office Row Motivation in charge drafting exploring the role of motivation and intent in fitness to practise hearings Different types of motivation When to charge and when not to What about dishonesty? Anupama Thompson, Nursing and Midwifery Council Refreshments The new statutory duty of candour: the implications for healthcare regulation Legal background What does it entail? How will it impact on registered persons/regulators? Will it achieve transparency? Pros and cons. George Hugh-Jones QC, Serjeants Inn Chambers The PSA s Accredited Registers Programme 2 years on Accredited Registers a new approach to registration of health and practitioners and developing standards in the workforce Understanding our role in accrediting registers of practitioners in unregulated occupations What Accredited Registers are and which practitioners are on them The progress made so far in raising standards to protect the public Key differences between Accredited Registers and statutory regulation Benefits to the public. Christine Braithwaite, Director of Standards and Policy at the Authority, Professional Standards Authority 1.00 Questions 1.15 Lunch 2.15 Current issues before the MPTS All you need to know about current procedure, guidance and other issues in this rapidly developing jurisdiction. Robert Kellar, 1 Crown Office Row 3.15 Refreshments Keep abreast of current law and practice and consider the future regulatory landscape 3.30 A guide to the important statutory changes affecting healthcare professional regulation during the last year Including: the Health and Social Care (Safety and Quality) Act 2015 and a number of statutory instruments containing important provisions affecting the PSA and the regulatory regimes of most of the other health care professional regulators, especially the GMC and the NMC. Joanna Glynn QC, 1 Crown Office Row 4.15 Case Law Roundup Summary of leading cases Analysis of important healthcare decisions Easy-to-follow A-Z format. Kenneth Hamer, Henderson Chambers 4.45 Chair s Concluding Remarks and Questions Conference Close Quote booking reference SG117781

20 20 Litigation and Dispute Resolution Professional Negligence Claims - Pursuing and Defending Foundation 6 hours CPD This course is aimed at litigators who are new to, or looking to expand their practice into, professional negligence and will also be a useful refresher for those returning from a career break. It examines the key issues in law and practice that will be relevant to practitioners, whether they act for claimants or defendants and delegates will be given the opportunity to apply these issues in a case study. The course will look at: The basis of the duty of care - when does it arise? Examples of the standard of care - how is it measured? The reasonably competent test explained The standard of care as it applies to solicitors, surveyors, accountants etc, Causation and remoteness Measuring the loss - how the court quantifies the claim in damages Contributory negligence and contribution Limitation Pre-action conduct Working with experts Negotiation of a settlement including Part 36 Mediation Speaker: Andrew McLoughlin, Solicitor, has been granted Higher Rights of Audience for civil and criminal proceedings and sits as a recorder in the Crown and County Courts. Andrew has been described by a previous delegate as an extremely erudite and knowledgeable gentleman with a sharp sense of humour. An absolute joy to learn from. Truly outstanding. Solicitors Professional Negligence Claims NEW Intermediate 3 hours CPD All solicitors hope to pursue a career unblemished by claims. However, our increasing compensation culture and the sheer amount of regulation in our profession means that the threat of claims and complaints must be faced. This practical guide to both pursuing and defending negligence claims will assist. The course will cover solicitors professional indemnity claims from various angles. It will focus upon:- Areas of legal practice which tend to attract the highest volume of claims. These include conveyancing, trusts and probate and personal injury. Bringing claims against solicitors. Defending claims on behalf of solicitors and their Professional Indemnity Insurers. Dealing with the ever-present potential conflict of interests between the solicitor client and Insurer client faced by those acting for the Defendant. Tactics for all parties in running/defending a case. Settlement tactics for all. Costs and costs budgeting strategies Speaker: Catherine Burtinshaw is a solicitor with 16 years of post qualification experience in the field of Professional Negligence from the Defendants perspective. Catherine has worked at Addleshaw Goddard, Weightmans and Kennedys handling claims against a broad range of professionals including solicitors and barristers. She has also advised upon policy coverage issues and wording disputes. Manchester 15 Oct 22 Oct Birmingham Leeds 2 Oct am 16 Oct am 29 Oct pm VAT Package price (minimum spend applies) VAT CLT Members/ VAT Non-members 90 + VAT Package price (minimum spend applies) VAT CLT Members/ VAT Non-members Quote booking reference SG117781

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