Our Personal Injury / Clinical Negligence CPD Directory Autumn 2013

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1 Over 800 course topics at: B913R Our Personal Injury / Clinical Negligence CPD Directory Autumn 2013

2 Contents CPD hours Level Page Amputation Claims - A One Hour Update Webinar & DVD NEW An to Personal Injury RTA Claims Handling 3 4 A Practical Guide to Criminal Injuries Compensation Authority Claims 3 5 A to Z of Clinical Negligence Law - In 2 Days 12 5 Accidents Abroad - Travel & Holiday Claims 3 6 Accidents at Work - All You Need to Know in Just One Day 6 6 Advocacy Before The District Judge & How to Think on Your Feet 6 7 Allegations of Fraud in RTA Claims - Litigation Tactics & Procedures for Claimants 3 7 A Practical Guide To The RTA & EL/PL Portals Webinar & DVD NEW Claims for Stress & Psychiatric Injury in the Workplace NEW 3 8 Clinical Negligence - An to Giving Practical Advice 3 9 Clinical Negligence - Common Types of Medical Mistakes 3 9 Clinical Negligence - Costs Budgeting Webinar & DVD NEW Clinical Negligence - Maximising Damages in Low & High Value Claims 3 10 Clinical Negligence - Problems Arising from Defective Products 3 11 Clinical Negligence - The Latest Developments 3 11 Cosmetic Surgery Litigation - The Key Issues Explained 3 12 Costs Budgeting Under the Jackson Regime Webinar & DVD NEW Costs Under the New Jackson Regime 3 13 Defeating Suspected Fraudulent Road Traffic Cases: A Defendant Perspective 3 13 Delay in Diagnosing Cancer - The Key Issues 3 14 Fatal Accident Claims from Start to Finish 3 14 Handling MIB Claims 3 15 Funding Arrangements - How To Get Paid, Keep the Client Happy & Avoid An SRA Breach 3 15 Key level - for those new to the topic Intermediate level - for experienced professionals Advanced level - for senior professionals Update level Bestseller Webinar

3 Horse Riding Claims - An NEW 6 16 Highways Claims Masterclass 3 16 Industrial Disease Claims - An 3 17 Industrial Disease Claims - For the Specialist 3 17 Jackson Personal Injury Reforms - Are They Working? Webinar & DVD NEW Lost Earnings Update Low Velocity Impact Claims - An Update 3 19 Maximising Costs in Personal Injury Claims 3 19 Medical Records Uncovered - An Advanced Guide 3 20 Motor Claims Masterclass: Extensive Reforms & Full Legal Update 6 20 Personal Injury Quantum - Maximising Damages 6 21 Personal Injury Work - Marketing to Survive and Thrive 3 21 PI Psychiatric & Stress Related Injury Claims - An Overview 3 22 RTA Claims - From Start to Finish 6 23 RTA Claims Process Update - Best Practice & Guidance Post April Seeing the Bigger Picture - Case Analysis and Project Management for Litigators 6 24 Serious Injury Claims - Assessment & Quantum of Damages 6 24 Sixth Annual CPR Review of the Year with Dominic Regan 6 25 Slipping & Tripping - The Works for PI Practitioners 6 25 Spinal Injuries - Be Successful in a Complex Area 3 26 The Armed Forces & Injury Claims - All You Need to Know 3 26 The New Fixed Costs Regime for PI Lawyers Webinar & DVD NEW The New RTA Process Stage 3 - All You Need to Know 3 27 The New Tactics of Litigation NEW 3 28 Think Bike! The Common Issues Arising in Motorcycle Accident Claims 3 28 Understanding Medical Concepts & Terminology NEW 3 29 Vetting Clinical Negligence Claim 3 29 On Demand Webinars & DVDs - A Full List of Titles 30

4 Speaker: Nicky Carter NEW Speaker: Andrew Mckie Amputation Claims - A One Hour Update Webinar & DVD Location & Date: Webinar & DVD available from 30 Oct Prices Individual/Group licence: SmartPlan 30/ VAT / Season Ticket 60/ 99 +VAT / Non Season Ticket 120/ 198 +VAT This webinar will focus on the specific issues that arise in amputation cases. From causation to prosthetics - ensure you are up to date with all the relevant issues. This webinar will cover the following: Causation - Competing causes Experts - Getting it right Rehabilitation Aids and Equipment Quantum - Latest This pre-recorded webinar will be streamed at 12.30pm on Wednesday 30 October 2013 and will remain available to view by delegates who have registered by then for 90 days. Speaker: Nicky Carter MA, Consultant and legal trainer. Nicky has over 20 years as a claimant PI lawyer and works with a number of leading national PI firms and organisations in addition to regularly presenting courses for several of the country s largest providers of legal training. An to Personal Injury RTA Claims Handling Location & Date: London 7 Oct 9:30am - 12:45pm Manchester 22 Oct 9:30am - 12:45pm The aim of this course is to look at the basic steps from the taking of instructions in relation a road traffic personal injury claim, through to pre action work, and settlement. The course will also outline the basic stages of litigation, but focus will be on the pre-litigation stages of a claim. The basic steps that will be required to progress a personal injury claim in the MOJ Low Value Portal, from taking instructions through to settlement, will also be considered. The course will look at how to investigate liability, causation and quantum, for cases that exit the portal. There will be practical advice and tips to progress cases, either inside or outside the MOJ portal. The course will also looks at regulatory requirements such the Solicitors Accounts Rules, conflicts of interest, the Money Laundering Rules, client care, client identification and the Solicitors Code of Conduct. This course will be useful for junior Paralegals, Litigation Executives, Executives and Support Staff in private practice that are new to RTA personal injury claims who wish to develop their skills and knowledge. This course will cover the following: The Contents of the Initial Interview The Pre Action Protocol and Investigating Client Care Claims outside the Portal Client Identification Predictive costs vs Portal costs The Retainer - The Client Care Letter Investigating liability, causation and Money Laundering quantum of an RTA claim Conflicts of interest The valuation of general damages and Solicitors Code of Conduct 2011 special damages in an RTA context Solicitors Accounts Rules The burden of proof A summary of the RTA Portal Litigation - an overview Speaker: Andrew Mckie, Barrister is a specialist in claimant and defendant personal injury, with a particular interest in cases involving alleged fraud and credit hire. Andrew is a former Associate Solicitor and Solicitor Advocate, and was called to the Bar in July Over 800 course topics at:

5 Speaker: Robert Horner Speaker: Allen Wilson A Practical Guide to Criminal Injuries Compensation Authority Claims Location & Date: Manchester 24 Oct 9:30am - 12:45pm London 31 Oct 9:30am - 12:45pm A practical guide to the CICA with a user-friendly consideration of the relevant issues practitioners may face to help them achieve the best for their clients, including: Who can claim? What can they claim? How to calculate past and future loss of earnings How do you value loss of pension rights? What about claims in fatal accidents? This course will cover the following: Who can claim? What is a criminal injury? Time limits & their extension The limits of the award The discretion to withhold or reduce an award Victims and applicants What Can They Claim? Tariff awards for pain, suffering and loss of amenity: Choosing the correct tariff Consideration of full recovery, substantial recovery and continuing disability Exacerbation or acceleration cases Multiple injury cases Issues arising from physical injury with mental injury Dealing with cases involving scarring Compensation for loss of earnings and pension loss: Speaker: Robert Horner The 28-week rule Issues of causation Dealing with a residual earning capacity How to calculate past and future loss of earnings How to value loss of pension rights Compensation for special expenses: Identifying heads of reasonable loss Calculating past and future losses When to seek provisional losses The recoverability of management fees The deduction of collateral benefits including local authority provision of care and accommodation Claims in fatal accident cases Review, re-opening and appeal of awards The procedure The powers The relevant matters to consider A to Z of Clinical Negligence Law - In 2 Days Location & Date: Manchester Oct 9:30am - 5:15pm London Oct 9:30am - 5:15pm Liverpool 3-4 Dec 9:30am - 5:15pm Prices: SmartPlan 414 +VAT / Season Ticket 460 +VAT / Non Season Ticket 920 +VAT This comprehensive and thoroughly practical 2 day course is aimed at those who are new or relatively new to clinical negligence work, or who wish to move into this fascinating yet complex area of litigation. This APIL accredited course will focus on the core areas and key essentials of the law and practice of clinical negligence work. The course is tutor led and highly participative and consists of case studies, group work, discussions and analysis. The emphasis will be on acquiring practical skills with a good theoretical base. This seminar will cover the following: The Basis for Liability Duty of care and duty to the patient/third parties/direct and vicarious liability The Standard of Care Basic principles & standard medical practice Experimental or novel procedures/errors of judgment/degrees of risk and unforeseeable harm Failure to refer, attend or treat or to take a full medical history/wrong diagnosis Failures to advise, warn & communicate Failure to warn of risks/manner & extent of communication Medico legal reports Errors in treatment & healthcare management Operations/Infections: preventable? Drug miscalculations/injections Failure to monitor treatment & lack of resources Causation & Remoteness Factual & legal causation Type & extent of harm suffered The application of the egg shell skull rule Consent - as a defence/form and validity of consent Children & adults without capacity Refusal to give consent The prudent doctor Causation in context of consent - Special cases: research, transplants, implants Confidentiality The scope of the duty & its exceptions Statutory obligations/disclosure of information & documents Defective Products - The law of contract/the law of tort: Duties, warnings & practice/proof/the Consumer Protection Act Dismissal of claim Practice & Procedure: The Early Stages Risk analysis/funding And much, much more visit for full details 5

6 Speaker: Robert Horner Speaker: Nicky Carter Accidents Abroad - Travel & Holiday Claims Location & Date: London 14 Oct 2:00pm - 5:15pm Accidents at Work - All You Need to Know in Just One Day Location & Date: Bristol 17 Sep 9:30am - 5:15pm / Manchester 3 Oct 9:30am - 5:15pm London 22 Oct 9:30am - 5:15pm Prices: SmartPlan 207 +VAT / Season Ticket 230 +VAT / Non Season Ticket 460 +VAT TThis APIL accredited course aims to provide a comprehensive summary of the dense jungle of provisions that can apply to travel claims, coupled with practical advice on how to navigate the potentially stormy waters of litigation. This course will cover the following: The travel industry today Issues arising from the holiday contract: Parties to the contract: The relevance and distinction of the tour operator from the travel agent and third party rights Formation of the contract: Who treats, who offers, who accepts? Terms of the contract: What is mere advertising? What can be relied upon and to what extent? Breach of the contract: When is liability strict and when does fault have to be proved? What standard is acceptable? Remedies: What to claim & how? Exclusion of liability & unfair terms: To what extent can liability be limited? Other issues including: The legal status of the brochure, the relevance of the website, & the significance of the travel agent booking system A summary of the relevant regulations and conventions Travel by planes, trains, (boats) and automobiles: An overview of the relevant terms of the Montreal Convention, The Athens Convention, The Berne Convention and forthcoming regulation of Coach Travel The package holiday: The scope, workings & remedies of the Package Travel Regulations 1992 Relevant Associations and Authorities: Consideration of the role of the Association of British Travel Agents, the Civil Aviation Authority and other trade associations and regulatory bodies An A-Z of other relevant issues, including: Cancellations Delays Dangerous destinations Disasters Excursions Jurisdictional issues Last minute bookings Lost Luggage Overseas claims Personal injuries Vulnerable or reckless travellers This intermediate level APIL accredited course will provide an update and analysis of the issues in this vital practice area. It will include an overview of the current regulations and latest decisions enabling fee earners to achieve more effective outcomes. It is ideal for practitioners new to this area or those seeking to update their knowledge. Keep abreast of all the latest changes and ensure your practice is ready to compete and win for your clients in the new arena. Looking at the latest word re the Enterprise and Regulatory Reform Act 2013 and the likely impact on EL claims at all levels.. Common law duties The six-pack Statutory Duties - Scope and Application PUWER - absolute Duties the emergence of a new defence Workplace Regulations - definitions New CDM Regulations Falls from Height Contributory Negligence and breach of Statutory Duty Vicarious liability/psychiatric illness/injury Page v Smith Independent Contractors - apportionment of liability Find out why a previous attendee at one of Nicky Carter s seminars wrote as follows: She is excellent and I will endeavour to attend as many of her seminars as possible. Speaker: Nicky Carter, MA, Consultant and legal trainer. Nicky has over 20 years experience as a claimant PI lawyer and works with a number of leading national PI firms and organisations. She is a highly experienced and regular presenter of CPD programmes. 6 Over 800 course topics at:

7 Speaker: Iain Campbell Speaker: Andrew Mckie Advocacy Before The District Judge & How to Think on Your Feet Location & Date: London 11 Sep 9:30am - 5:15pm / Leeds 19 Sep 9:30am - 5:15pm Manchester 15 Oct 9:30am - 5:15pm Prices: SmartPlan 207 +VAT / Season Ticket 230 +VAT / Non Season Ticket 460 +VAT Allegations of Fraud in RTA Claims - Litigation Tactics & Procedures for Claimants Location & Date: London 7 Oct 2:00pm - 5:15pm / Manchester 22 Oct 2:00pm - 5:15pm Aimed at newly and recently qualified solicitors who appear on interim applications in Chambers, this full-day course provides delegates with an opportunity to prepare and try out their advocacy skills. Using realistic case studies, advocates will prepare and deliver (or oppose) typical contested interim applications. : You will develop and practise the following skills: Oral presentation Preparing (written and mentally) to present Persuasiveness Thinking on your feet This course will also cover the following areas: The court s case management powers Deciding what you must prove How to plan and deliver submissions Staying in control under pressure Speaker: Iain Campbell solicitor. Iain is a commercial litigation partner at Hill Dickinson LLP. As an advocate, Iain has appeared before a wide variety of tribunals, handling both civil and criminal proceedings. He is also a qualified mediator and an experienced trainer. This course will give you a thorough understanding of issues surrounding allegations of fraud in RTA cases, from inception to settlement or Trial. The course will look at both investigations that can be undertaken where an allegation of fraud has been made, as well as tactical and procedural considerations for RTA claims where an allegation of fraud has been made or intimated by the Defendant s insurer. There will be practical advice and tips to progress cases where such allegations have been made, looking at how to efficiently and effectively investigate such cases. This course will be useful for claimant paralegals, legal executives, litigation executives and personal injury solicitors, in private practice who have day to day conduct of personal injury cases where allegations of fraud have been made by the Defendant s insurer. This seminar will cover the following: Taking instructions and vetting cases at the to your advantage front end Pre Action Admissions - when do you let the Fraud indicators Defendant resile? Bogus passenger allegations and how to Application to set aside Judgment - when investigate them to consent? Slam on / induced accident allegations and Applications to amend the Defence - how to how to investigate them respond to them? LVI allegations and how to investigate them Reply to Defence - when and how to use Staged/ contrived allegations and how to them effectively investigate them Witness statements - how to draft effective No collision allegations and how to statements investigate them Part 35 questions - when and how to use Part 18 Questions/ requests to interview the them effectively claimant - using them to your advantage Preparing for Trial effectively and efficiently Part 31 requests for specific disclosure - using Settlement - how to get an offer? them to your advantage Ethical and conduct considerations in fraud Pre action disclosure applications - when cases and how to use them Costs in fraud cases The Pre Action Protocol - how you can use it Speaker: Andrew McKie 7

8 Speaker: Gary Barker NEW Speaker: Peter Linstead NEW A Practical Guide to the RTA & EL/PL Portals Webinar & DVD Location & Date: Webinar & DVD available from 8 Oct Prices Individual/Group licence: SmartPlan 30/ VAT / Season Ticket 60/ 99 +VAT / Non Season Ticket 120/ 198 +VAT The extension of the portals to higher value RTA claims and all EL and PL claims up to the fast track upper limit means that a whole new set of practical behaviour is needed to ensure that the claims run smoothly, the client gets the proper compensation and the solicitors can afford to do the cases and stay in business. This webinar will cover all the practical aspects including: Advising the client on the process and costs Should this case go into the portal? Should it stay in the portal? Collecting the information Getting the evidence at minimum cost Negotiating quickly and effectively This pre-recorded webinar will be streamed at 12.30pm on Tuesday 8 October 2013 and will remain available to view by delegates who have registered by then for 90 days. Speaker: Gary Barker, Practising Solicitor (admitted 1982). Gary spent 20 years with two high street practices, specialising in civil litigation and personal injury work. At both firms he took on responsibility for practice development which was to see a fourfold increase in their growth. From 2001 to 2004, he was Head of Practice Development at the Law Society and he now combines his current roles of costs consultant with the Law Society, freelance trainer and practice development consultant. 8 Claims for Stress & Psychiatric Injury in the Workplace Location & Date: Birmingham 24 Sep 2:00pm - 5:15pm / Bristol 25 Sep 2:00pm - 5:15pm / London 26 Sep 2:00pm - 5:15pm / Manchester 27 Sep 2:00pm - 5:15pm Stress claims have multiplied in the last 15 years. Advising on them is becoming a specialist area in its own right. Whilst the Court of Appeal in Hatton v Sutherland attempted to give comprehensive guidance, subsequent cases have shown that different types of treatment by employers require different approaches from the courts. This course gives practical guidance on the intricacies in each area, drawing on the latest case law. This interactive course will invite you to engage in a practical way with some tricky issues presented by this type of claim. It is also suitable for both personal injury lawyers and for employment lawyers who need to be able to recognise potential personal injury stress claims. Deciding between an employment tribunal and civil claim will also be covered. This course will cover the following: Categorisation and the key factors applying building blocks of a harassment claim in the different types of stress claim Recent cases - how serious does the The difference between stress and conduct have to be? psychiatric injury; the employer s dilemma Differences with common law negligence and the approach of medical experts claims - the practicalities Why does foreseeability matter and what Case studies: Group discussion - Factual does it mean in practice? scenarios - group work and interaction The different considerations applying to: Practical issues: Managing stress and Excessive workload (including the problems litigating stress claims created by Dickins v O2) Employer clients - advising on some classic Mis-handled disciplinary procedures scenarios Bullying (including Mullen v Accenture and Employee clients - advising on some classic the difference between bullying and strong scenarios management) What procedures should employers have in Traumatic events at work place and the role of counselling Failings of management and governance (Connor v Surrey County Council) And much, much more visit Harassment claims and how they interact for full details with negligence claim Protection from Harassment Act 1997; the Speaker: Peter Linstead Over 800 course topics at:

9 Speaker: Allen Wilson Speaker: Allen Wilson MA Clinical Negligence - An To Giving Practical Advice Location & Date: Manchester 3 Oct 9:30am - 12:45pm / London 11 Oct 9:30am - 12:45pm / Birmingham 12 Dec 9:30am - 12:45pm This half day seminar will explain the specific issues involved in the early stages of clinical negligence work. In addition to an overview of the legal issues involved there will be an emphasis on the practicalities of investigating and commencing a clinical negligence case. Clinical Negligence - Common Types of Medical Mistakes Location & Date: Leeds 4 Sep 9:30am - 12:45pm London 26 Sep 9:30am - 12:45pm This seminar will focus on important issues arising from the common types of scenario which give rise to medical mistakes. It will broaden and deepen your knowledge of these issues and help to increase your understanding of the principles involved. Funding, risk analysis and problems relating to the identity of the Defendant are explored together with practical advice on obtaining and exchanging both lay and expert evidence. ADR is also explored with case studies and precedents. Breach of duty, causation & limitation - an overview CFAs, insurance & LASPOA: the practical problems Risk analysis: how to do one Problems with the identity of the Defendant NHS & private Interviewing the clinical negligence client The investigation stage: issues & solutions Witness statements Experts Case studies: precedent letters of claim & response Alternative Dispute Resolution: a quick solution? Counsel & the issue of proceedings & Defence The future: implications of the proposed changes The standard and duty of care owed, general principles and specific instances Claims arising out of failure to attend or to treat Errors in diagnosis and treatment Breakdowns in communication with patients and their consequences Failure to advise or explain alternatives to patients Errors of medical judgment Degrees of risk Aspects of mental health and their consequences Proof of breach of duty of care Speaker: Allen Wilson MA. Allen is a Consultant Solicitor with over 20 years experience in this area of practice. He is a regular and popular presenter of CPD training programmes with a highly practical presentation style. Speaker: Allen Wilson MA. Allen is a Consultant Solicitor with N R Wilson & Co in Kenilworth, Warwickshire and has over 20 years experience in this area of practice. 9

10 Speaker: Christopher Edwards NEW Speakers: Allen Wilson Clinical Negligence - Costs Budgeting Webinar & DVD Location & Date: Webinar & DVD available from 26 Sep Prices Individual/Group licence: SmartPlan 30/ VAT / Season Ticket 60/ 99 +VAT / Non Season Ticket 120/ 198 +VAT This APIL accredited webinar will discuss how clinical negligence cases should be budgeted and managed throughout litigation, from the moment practitioners are first approached by the client until the conclusion of a case. Guidance on procedure and tactics is provided for both Claimant and Defendant practitioners. Potential pitfalls are outlined so that steps can be taken to avoid them now. The webinar s emphasis is on providing practical advice and tips for practitioners. The speaker draws on extensive experience of clinical negligence claims and costs litigation, and also comparable experience in personal injury claims, as well as on (and off) the record comments from a number of judges who actually oversee costs budgeting. There will be practical guidance on costs budgeting for clinical negligence practitioners. This webinar will cover the following topics: Costs budgeting in multi-track cases Costs before issue Issue and allocation questionnaires leading to the first CMC and form H Costs which are not anticipated: unexpected revisions to costs budget as claim proceeds to trial Some specific issues Budgeting for experts: which experts, how many, conferences and joint meetings, need to attend trial Instructing Counsel: advice, preliminary hearings/cmcs, meeting the client, trial Advising the client and the unexpected: unexpected offers, experts opinions, etc Disclosure and witness evidence Budgeting for Defendants and co-operation between the parties in agreeing budgets Budgeting against the difficult opponent, and tactics your opposite number will try to use Proportionality and difference of approach: high value cases vis-a-vis lower value multitrack and fast-track cases; High Court and County Court Transitional provisions in ongoing cases issued before 1st April 2013: not simply pre-jackson Possible future changes to note Fixed fees in fast-track? Recoverability of an expert s insurance premium Clinical Negligence - Maximising Damages in Low & High Value Claims Location & Date: London 10 Oct 2:00pm - 5:15pm This seminar will focus on understanding and assessing damages and the principles involved. It will explore the various issues raised and help practitioners to maximise damages for their clinical negligence clients in both smaller and larger claims. The general principles involved Interest Mitigation Non pecuniary loss General Damages - Loss of amenity and loss of faculty Damages for wrongful birth Fatal cases Speaker: Allen Wilson MA. Allen is a Consultant Solicitor with over 20 years experience in this area of practice. He is a regular and popular presenter of CPD training programmes with a highly practical presentation style. Speaker: Christopher Edwards 10

11 Speaker: Allen Wilson Speaker: Allen Wilson Clinical Negligence - Problems Arising from Defective Products Location & Date: Leeds 11 Sep 9:30am - 12:45pm London 10 Oct 9:30am - 12:45pm This course will focus on the often difficult and troublesome areas of clinical negligence work arising from the use of defective products including causation, contract, consumer protection law and common defences. The additional problems posed by these issues can often take practitioners into other areas of the law. It is designed to provide you with a broader and deeper understanding of the issues involved in such claims and how to deal with them. Clinical Negligence - The Latest Developments Location & Date: Manchester 3 Oct 2:00pm - 5:15pm London 11 Oct 2:00pm - 5:15pm This half day APIL accredited course is for those who already run clinical negligence cases; either through public funding or conditional fee agreements. Delegates will be updated on the latest developments in important areas of clinical negligence practice and the government s proposal to end public funding will also be considered. The application of the Law of Contract The application of the Law of Tort Manufacturers duties Failure to warn & its consequences Causation in defective product claims, problems & solutions The application of Consumer Protection legislation Defences Speaker: Allen Wilson MA. Allen is a Consultant Solicitor with over 20 years experience in this area of practice. He is a regular and popular presenter of CPD training programmes with a highly practical presentation style. The latest developments in breach of duty, causation and remoteness The law & practice of Part 36 offers in the light of recent case law Dealing with the issues and managing risk, especially in CFA cases Experts deliberations and problems arising Important matters relating to quantum Schedules of loss - XYZ v Portsmouth Hospitals NHS Trust [2011] The future: LASPOA implications arising out of the proposed ending of public funds for clinical negligence work Speaker: Allen Wilson MA. Allen is a Consultant Solicitor with N R Wilson & Co in Kenilworth, Warwickshire and has over 20 years experience in this area of practice. 11

12 Speaker: Richard Livingston Speaker: Gary Barker NEW Cosmetic Surgery Litigation - The Key Issues Explained Location & Date: Manchester 19 Sep 2:00pm - 5:15pm London 31 Oct 2:00pm - 5:15pm This intermediate half-day seminar will focus on the key issues in cosmetic surgery litigation and is designed to provide guidance to all litigators in this field. Costs Budgeting Under the Jackson Regime Webinar & DVD Location & Date: Webinar & DVD available from 9 Sep Prices Individual/Group licence: SmartPlan 30/ VAT / Season Ticket 60/ 99 +VAT / Non Season Ticket 120/ 198 +VAT Costs budgeting introduces a whole new level of administration to the running of Multi Track cases. How will you explain it to your clients? The Distinctive Features of Cosmetic Surgery Chester -v- Afshar - the decision making Litigation process What is cosmetic surgery? Contracts Patients interests and the goal of profit With whom has the patient contracted Regulation The clinic as agent Self-referral Common contractual terms Consent to Treatment Professional Insurance The role of advertising Quantum The use of sales personnel General damages Taking a history The cost of the surgery Non-surgical options Revision and repair Sidaway - the reasonable surgeon and the Psychiatric injury prudent patient Speaker: Richard Livingston, Barrister, Kings Chambers. Richard has developed a niche specialism in cosmetic surgery litigation. He has been involved in numerous cases of alleged negligent treatment including breast augmentation, mastopexy, blepharoplasty, rhinoplasty, abdominoplasty, thighplasty, otoplasty, blepharoplasty, liposuction, facelift, hair transplant and filler treatment. In the majority of cases he has acted under conditional fee agreements but also has experience of defendant work. What procedure will you use for budget setting? Who is going to sign the budget off? How will you decide that the case is viable from the firm s point of view? Costs budgeting can be the difference between the firm thriving and it going out of business. If you do multi track work you need to know about the Costs Budgeting regime which is part of the Jackson changes. This webinar will cover the following: The new Rule and Practice Direction What information do you need? Who should be producing budgets? What happens if a budget is not produced? What happens if you need to change the budget? What are contingencies? This pre-recorded webinar will be streamed at 12:30pm on Monday 9th September and will remain available to view by delegates who have registered by then for 90 days. Speaker: Gary Barker, Practising Solicitor (admitted 1982). Gary spent 20 years with two high street practices, specialising in civil litigation and personal injury work. At both firms he took on responsibility for practice development which was to see a fourfold increase in their growth. From 2001 to 2004, he was Head of Practice Development at the Law Society and he now combines his current roles of costs consultant with the Law Society, freelance trainer and practice development consultant. 12

13 Speakers: Gary Barker Speaker: Andrew Mckie Costs Under the New Jackson Regime Location & Date: Birmingham 3 Sep 2:00pm - 5:15pm / Manchester 9 Sep 9:30am - 12:45pm London 30 Oct 2:00pm - 5:15pm Defeating Suspected Fraudulent Road Traffic Cases: A Defendant Perspective Location & Date: London 3 Oct 2:00pm - 5:15pm / Birmingham 15 Oct 2:00pm - 5:15pm / Manchester 16 Oct 2:00pm - 5:15pm This course will consider the impact of the Jackson reforms on how costs are to be dealt with. In some areas, solicitors are likely to get paid significantly less per case in future. This could reduce your income by up to 40%. How will you decide what cases to take on? Can you persuade your clients to contribute more? Who is going to do the work? What market can you operate in to be profitable? Without a full understanding of the new costs rules you cannot answer any of these questions. Every litigator needs to know exactly what is happening on costs and how it will affect them. This course will cover: Costs budgeting - What is it? How is it applied? Who should produce the budget? Is it the same as Lowndes v Home Office? How do you get an increase in the budget? What effect will it have on the amount that Challenging the opponent s budget you recover? Penalties for failure to budget Assessment - What are the processes? Proportionality - The changes Provisional assessment What is the new test? Summary assessment Is it the same as reasonableness? Detailed assessment Speaker: Gary Barker, Practising Solicitor (admitted 1982). Gary spent 20 years with two high street practices, specialising in civil litigation and personal injury work. At both firms he took on responsibility for practice development which was to see a fourfold increase in their growth. From 2001 to 2004, he was Head of Practice Development at the Law Society and he now combines his current roles of costs consultant with the Law Society, freelance trainer and practice development consultant. This workshop will give you a thorough understanding of issues surrounding allegations of fraud in RTA cases, from inception to settlement or Trial. The workshop concentrates on pre and postlitigation tactics. The aim of the workshop is to provide practical advice for defeating claims where fraud is suspected, with a focus on dealing with claims economically and commercially. The workshop will examine low velocity impacts, slam on/ induced collisions, bogus passenger collisions, staged/ contrived accidents and no collision allegations in order to: Understand what these are and the fraud indicators The relevant and most economic investigations to undertake at an early stage to repudiate or validate the claim There will be practical advice and tips to progress cases where such allegations have been made, looking at how to efficiently and effectively investigate such cases. This workshop will be useful for defendant paralegals, legal executives, litigation executives and personal injury solicitors, in private practice who have day to day conduct of personal injury cases where allegations of fraud have been made by the Defendant s insurer. This workshop will cover the following: and how to investigate them? Spotting General Fraud indicators including Bogus passenger allegations - what are they previous accidents, the role of claims and and how to investigate them? credit hire companies, and the vehicles Staged/ contrived allegations - what are involved. How do you investigate these they and how to investigate them? effectively? Part 18 questions - how to use them to your Fraud indicators about the accident itself - advantage how and what to investigate? Part 35 questions - how to use them Policyholder fraud - investigating the effectively policyholder and confidentiality issues Intelligence - where to focus your Investigating the claimant - how to investigations efficiently undermine credibility? Preparing for Trial effectively LVI allegations - what are they and how to Repudiation - when is the best time to do it? you investigate them? You win the case what next - committal Induced/ slam on accidents - what are they proceedings and third party costs orders 13

14 Speaker: Helen Mulholland Speaker: Nicky Carter Delay in Diagnosing Cancer Location & Date: London 25 Oct 2:00pm - 5:15pm Fatal Accident Claims from Start to Finish Location & Date: Manchester 20 Sep 2:00pm - 5:15pm London 8 Oct 2:00pm - 5:15pm This half-day intermediate level seminar will focus on the key issues in litigation arising out of delays in diagnosing cancer. It is designed to provide guidance to all clinical negligence practitioners, whatever their level of experience. Breach of Duty Life Expectancy and Gregg-v-Scott Referral Guidelines for General Practitioners Median Life Expectancy and Statistics The Role of Practice Nurses Use of Expert Evidence Investigations and Advice on Referral Acting for the Dying Claimant Staging and Grading Protecting Future Claims Would diagnosis have been made on earlier Interim Payments and Provisional Damages referral? Lost Years Claims Grade and stage at earlier diagnosis Quantum Likely treatment Secondary Victims Proving Injury General Damages Treatment as injury Psychiatric Injury Outcome: cure and survival rates Compensation for Premature Death Speaker: Helen Mulholland, Barrister, Kings Chambers, Manchester. Helen specialises in clinical negligence and personal injury litigation and has a particular interest in cases involving delay in diagnosis of cancer. She is described in the Legal 500 as a personable, forceful advocate and fights her corner well.. This seminar will cover all you need to know about fatal accident claims from start to finish. It will explore dependency and the arguments, how to use Ogden 7 to calculate losses and the Fatal Accident Act claims and Law Reform (Misc Provisions) Claims. This introductory seminar will cover the following topics: Liability The Law Reform (Miscellenous Provisions) Act 1934 The Fatal Accidents Act The Current Approach A Calculation - Current Approach The 6th Edition Ogden Tables - A Different Approach The 7th Edition - Whats new? A Calculation with Husband and Children Drafting the Proceedings Procedural Points Speaker: Nicky Carter, MA, Consultant and legal trainer. Nicky has over 20 years experience as a claimant PI lawyer and works with a number of leading national PI firms and organisations. She is a highly experienced and regular presenter of CPD programmes. 14

15 Speaker: Gary Barker Speaker: Nicky Carter Funding Arrangements - How To Get Paid, Keep the Client Happy & Avoid An SRA Breach Location & Date: Manchester 25 Sep 2:00pm - 5:15pm London 23 Oct 2:00pm - 5:15pm This course is a must for all practitioners involved in civil litigation. CFAs are now widely used in defamation actions and commercial claims not just personal injury and are now a serious option for all types of civil litigation. However, the changes which came into force on 1 April following the Jackson Review dramatically alter the way that CFAs are used. The introduction of Contingency Fees (or Damages Based Agreements) will provide a further weapon in the costs armoury. The current CFA regime The model agreement The new Solicitors Regulatory Authority Rules Regulation by the Financial Services Authority Is risk assessment still relevant? Catering for fixed costs and success fees Fixing success fees - a single figure or staged? Are CFA Lite and the Discounted CFAs still realistic options? How will Contingency Fees or Damages Based Agreements (DBA) work? How will they be regulated? What are the factors that will decide whether it is better to use a CFA or a DBA? The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) - success fees, ATE insurance and referral fees - how will the Act affect you? All the latest cases Speaker: Gary Barker, Practising Solicitor (admitted 1982). Gary spent 20 years with two high street practices, specialising in civil litigation and personal injury work. At both firms he took on responsibility for practice development which was to see a fourfold increase in their growth. He is also a seasoned presenter and with the advent of the Woolf reforms was training firms virtually full-time. From 2001 to 2004, he was Head of Practice Development at the Law Society and he now combines his current roles of costs consultant with the Law Society, freelance trainer and practice development consultant. Handling MIB Claims Location & Date: Manchester 23 Sep 2:00pm - 5:15pm London 18 Oct 2:00pm - 5:15pm This seminar will provide you with an insight into MIB Claims and how to handle them. It will include practical advice, useful checklists and precedent examples. In addition to outlining the uninsured drivers agreement and the untraced drivers agreement, this seminar will explore the notice provisions under each agreement. The aim of this seminar is to help you to understand the techniques required to issue proceedings and know the pitfalls in relation to Motor Insurance Bureau claims. What is the latest case law in relation the untraced and uninsured drivers agreements? What is the new service ethos of the MIB? What are the main pitfalls of presenting such claims? This seminar will cover the following topics: The existing Untraced Drivers agreement 2003 and the case law The existing Uninsured Drivers agreement 1999 and the revised notes for guidance on the case law Time Limits Exclusions Insurance Road traffic Act 1988 The statutory compensatory safety net for victims of road traffic accidents under the RTA Act 1988 and relevant insurance issues The MIB role and constitution and its new service ethos The Motor Insurance database The Motor Insurance Bureau Legal expenses Scheme Identifying the main pitfalls of presenting claims against uninsured and untraced drivers and to provide practical advice, checklists and precedents RTA - Jurisdiction of Domestic Courts in RTA s in the EU MIB secure self funding operator Speaker: Nicky Carter, MA, Consultant and legal trainer. Nicky has over 20 years experience as a claimant PI lawyer and works with a number of leading national PI firms and organisations. She is a highly experienced and regular presenter of CPD programmes. 15

16 Speaker: Julie Mackenzie NEW Speaker: Nicky Carter Horse Riding Claims - An Location & Date: London 5 Dec 9:30am - 5:15pm Bristol 11 Dec 9:30am - 5:15pm Prices: SmartPlan 207 +VAT / Season Ticket 230 +VAT / Non Season Ticket 460 +VAT Highways Claims Masterclass Location & Date: London 6 Sep 9:30am - 12:45pm Manchester 31 Oct 9:30am - 12:45pm Prices: SmartPlan VAT / Season Ticket VAT / Non Season Ticket 250 +VAT Over recent times the profile of riders has changed and the number of horses has increased dramatically. More horses and more riders mean more scope for something going wrong. This introductory course will cover the following topics: Horse Law Understanding the parties General outline of the areas of law that may Types of parties lead to Horse Riding claims Professional Types of Claims Amateur Personal Injuries Pony Club Negligence Preparing the claim Buying and Selling Gathering Evidence Other contractual relationships Experts Disciplinary matters Time frames Passports Mitigating the losses Transporting Vets Speaker: Julie Mackenzie, Barrister, Pump Court Chambers. Julie was educated in the West Country and has a lifelong passion for horses and is an accomplished horsewoman. This has led her to develop a parallel expertise in Horse Law and regularly lectures on the subject. Julie has developed a close working relationship with vets, animal behaviourists, sports psychologists, sport governing bodies and rider organisations and is the author of Horse Law; the 3rd edition which was published in January This Masterclass is limited to 25 Delegates - Book Now to Guarantee your Place Many Claimant solicitors fight shy of highway slips and trips cases and clearly there are too many to be taken on. Court of Appeal decisions suggest there may be a very rich seam of work that Claimants can pursue to a win. This course has been specifically designed to bring you completely up to date and ensure you have all the skills and know-how to get the right result in highway cases. A Court of Appeal decision suggests the section 58 defence may be more difficult for Highway authorities to succeed on. Are you turning away cases that could be won? Definitions - when is a Highway not a Highway? Maintenance - what s.41 really means 1 inch rule? - nature of the defect? Defences under s.58 - budget constraints? - Court of Appeal 2011 Ice and Snow Speaker: Nicky Carter, MA, Consultant and legal trainer. Nicky has over 20 years experience as a claimant PI lawyer and works with a number of leading national PI firms and organisations. She is a highly experienced and regular presenter of CPD programmes. 16

17 Speaker: Allen Wilson NEW Speaker: Allen Wilson Industrial Disease Claims - An Location & Date: Manchester 17 Sep 9:30am - 12:45pm London 16 Oct 9:30am - 12:45pm This half day APIL accredited seminar is designed to give PI practitioners an introduction to industrial disease work. It will be especially suitable for those with some experience of general personal injury claims, but little or none of the more specialised industrial disease claims. The seminar will consider the specific issues involved and will draw on practical examples taken from the speaker s considerable experience. The seminar will include an introduction to: Nature & types of ID work Breach of statutory duty & negligence State of knowledge & employers duties Limitation difficulties Causation difficulties - including the recent Supreme Court decision on the material contribution test Procedure & important differences to general PI work Mesothelioma, cancer & other lung disease claims Noise induced hearing loss claims Work related upper limb disorder claims Occupational stress claims Provisional damages & schedules of loss Multiple defendants - what to do? Speaker: Allen Wilson MA. Allen is a Consultant Solicitor with N R Wilson & Co in Kenilworth, Warwickshire and has over 20 years experience in this area of practice. Industrial Disease Claims - For the Specialist Location & Date: Manchester 17 Sep 2:00pm - 5:15pm London 16 Oct 2:00pm - 5:15pm Leeds 10 Dec 2:00pm - 5:15pm This 3 hour APIL accredited seminar will focus on recent developments in Industrial Disease Law & Practice and look at a number of complex and problematic issues of interest to more experienced practitioners. It will provide helpful explanations and straightforward practical advice to delegates working in this specialised area of Personal injury law. The principal issues covered will be: Which employers to sue and assessing the prospects Asbestos: evidence of exposure and causation: the principles in the light of recent developments What the Claimant has to prove The Material Contribution Test & its limitations Apportionment Long latency & evidence Audiograms and their interpretation Common Law negligence & Breach of Duty Evidence in NIHL exposure cases HAVS: causative exposure Problems inherent in Occupational stress claims Speaker: Allen Wilson MA. Allen is a Consultant Solicitor with N R Wilson & Co in Kenilworth, Warwickshire and has over 20 years experience in this area of practice. 17

18 Speaker: Gary Barker NEW Speaker: Nicky Carter Jackson Personal Injury Reforms - Are They Working? Webinar & DVD Location & Date: Webinar & DVD available from 3 Oct Prices Individual/Group licence: SmartPlan 30/ VAT / Season Ticket 60/ 99 +VAT / Non Season Ticket 120/ 198 +VAT The Jackson reforms made a host of dramatic changes to civil litigation and costs. Now that the changes have been in for a few months how are they working? Lost Earnings Update 2013 Location & Date: Birmingham 25 Sep 2:00pm - 5:15pm London 10 Oct 2:00pm - 5:15pm Manchester 28 Oct 2:00pm - 5:15pm A sound knowledge of the issues involved in calculating and challenging Losses Schedules is essential to ensure the best outcome for your clients. This webinar will cover the following topics: Referral fees and the SRA How are courts dealing with cost budgets? What effect is the new proportionality test having on costs? Can we make CFAs work under the new regime? Is there a role for Damages Based Agreement? How will we cope with fixed costs? What cases to take on? Working with counsel Provisional costs assessment This pre-recorded webinar will be streamed at 12.30pm on Thursday 3 October 2013 and will remain available to view by delegates who have registered by then for 90 days. Speaker: Gary Barker, Practising Solicitor (admitted 1982). Gary spent 20 years with two high street practices, specialising in civil litigation and personal injury work. At both firms he took on responsibility for practice development which was to see a fourfold increase in their growth. From 2001 to 2004, he was Head of Practice Development at the Law Society and he now combines his current roles of costs consultant with the Law Society, freelance trainer and practice development consultant. This comprehensive guide to fighting some of the main heads of special damages in personal injury cases for both Claimants and Defendants includes: Heads of loss Lost earnings - problem areas Self employment/sole trader/partnerships/companies Deductions Illegal and undeclared earnings Care DIY Medical aids, equipment and treatment Loss of chance Benefits This seminar will cover the following: Provide you with an understanding of the issues in care claims in all personal injury cases Identify problem areas concerning earnings loss calculations and take steps to investigate losses How to calculate recoupable benefits Identify issues surrounding claims for medical expenses and equipment and travel costs Knowing the legal considerations at stake Identify recent practice and procedure in this area Speaker: Nicky Carter MA, Consultant and legal trainer. Nicky has over 20 years as a claimant PI lawyer and works with a number of leading national PI firms and organisations in addition to regularly presenting courses for several of the country s largest providers of legal training. 18

19 Speaker: Nicky Carter Speaker: Nicky Carter Low Velocity Impact Claims - An Update Location & Date: Manchester 20 Sep 9:30am - 12:45pm London 8 Oct 9:30am - 12:45pm Maximising Costs in Personal Injury Claims Location & Date: Manchester 23 Sep 9:30am - 12:45pm London 18 Oct 9:30am - 12:45pm When a Low Velocity Impact defence is raised ensuring that you are able to marshall all the latest arguments to get the best result for your client is vital. This seminar will provide you with an insight into cost recovery principles in personal injury claims, and help you to understand the issues regarding Third Party Funding. This new update and skill development course will ensure that you have all you need at your fingertips. Procedural implications, both within and outside the RTA Portal, cost consequences, tactics, medical and engineering evidence, preparation of witness statements and the latest case law are all covered. This course will cover the following topics: LVI - deconstructing the Defence Procedure - Portal Exit Experts - Latest medical Medical and Engineering experts - the latest Witness statements - how and when? Court procedures - Track allocation - Cost Consequences Fraud v LVI? Speaker: Nicky Carter, MA, Consultant and legal trainer. Nicky has over 20 years experience as a claimant PI lawyer and works with a number of leading national PI firms and organisations. She is a highly experienced and regular presenter of CPD programmes. The latest on the Part 36 Provisions The current position on contingency fees explained What are the latest costs issues that you need to be aware of? This seminar will cover the following topics: Costs - Partial Success Conduct Part 36 Contingency Fees Estimates and Capping Summary Assessment Detailed Assessment - CPR Part 47 Third Party Funding RTA New Process - Fixed costs maximising Speaker: Nicky Carter, MA, Consultant and legal trainer. Nicky has over 20 years experience as a claimant PI lawyer and works with a number of leading national PI firms and organisations. She is a highly experienced and regular presenter of CPD programmes. 19

20 Speaker: Dr. Sarah-Jane Richards NEW Speaker: Nicholas Bevan Medical Records Uncovered - An Advanced Guide Location & Date: London 9 Oct 2:00pm - 5:15pm Manchester 14 Oct 2:00pm - 5:15pm This seminar considers the information which can be revealed from medical records prior to the commencement of litigation. Medical record review training is vital when considering the prospects of success and likely quantum of damages. Critical analyses and review of the records at the outset ensures the correct defendant is prosecuted and the appropriate expert instructed. Following this seminar you should be able to undertake a thorough review of the medical records and have gained a familiarity of the compendia and datasets which facilitate this. You will have received an introduction to basic anatomical terms and their application within diagnosis and treatment. You should be able to distinguish between the different types of radiology and have a basic understanding of the information each conveys. Including practical exercises and group discussion the seminar will cover the following: Medical record requests, timescales and costs - when to challenge these The Data Protection Act 1998, the power to withhold records, the Information Commissioner s Office and amending the record Collation of medical records - charts, radiology and PACS Detecting the omissions and errors in the record Deciphering the records - medical terms, diagrams and abbreviations An introduction to anatomy - bones, muscles and soft tissues Interpreting the radiology - X-rays MRI, PET and CT scanning Drugs, co-prescriptions and adverse outcomes Hospital Acquired Infections - the evidence required The Patient Information Leaflet, warnings and the Yellow Card The National and International Regulatory Authorities and Clinical Guidelines Making enquiries to the GMC, BMA and Freedom of Information requests Extracting evidence regarding limitation, causation and liability Is there more than one defendant? Identifying confounding medical issues and contributory negligence The correct expert - specialisms within specialisms Speaker: Dr. Sarah-Jane Richards Motor Claims Masterclass: Extensive Reforms & Full Legal Update Location & Date: Manchester 18 Sep 9:30am - 5:15pm London 17 Oct 9:30am - 5:15pm Prices: SmartPlan VAT / Season Ticket 375 +VAT / Non Season Ticket 500 +VAT Two landmark decisions from the Court of accident claims will be considered and key tips Appeal and a series of judgments from the and pointers on successfully running MIB claims European Court of Justice have profound will be provided. implications for claimants - increasing their prospects of making a successful and full It will explore how the relevant EU Community compensatory recovery. These judgments law affects victim s rights to compensation affect not just key provisions within the Road and why this is relevant to day to day practice. Traffic Act 1988 but they also have direct It will also help you to master the interpretive impact on how practitioners should handle principle to identify gaps in our national law claims against insured, underinsured, uninsured provision in your cases. or untraced drivers. Appreciate the difference between an This is an entirely new course. It delivers insufficiently insured vehicle that has some cutting-edge new thinking that challenges a insurance cover in place from one that does range of longstanding misconceptions about not and why this is critical claimants rights under national and European Understand the three tiered protective law. It will explain the key principles and apply measures designed to ensure that victims them through fun interactive sessions so as to recover full compensation make the training accessible to all levels of fee What to do if your clients rights are affected earner. It will take you through all the practical by the UK s failure to fully implement the EU steps to ensure that your clients recover their Directives compensatory entitlement: whether from an Understand Article 75, its legal provenance RTA insurer, and Article 75 insurer, an owner in and when to challenge its application breach of the statutory duty to insure or from Appreciate new EU jurisprudence that the Motor Insurers Bureau. All these scenarios places a new comprehensive emphasis on are affected. third party victims rights being guaranteed It will also bring you up to date on the successive waves of reform, including the recovery of civil cost and procedural reform. All the key liability decisions affecting road And much, much more visit for full details 20

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