Introduction. QBE and BLM Mock Trial. David Evans

Transcription

1 Introduction QBE and BLM Mock Trial David Evans 6 November 2012

2 Introduction Welcome to the QBE and BLM Mock Trial Firstly we would like to thank QBE for arranging and hosting this event. The scenario we have put together for today s mock trial is, as requested by QBE, based on a claim arising out of a manual handling incident. It is entirely fictional. No resemblance to real persons or to real events is intended. What do we want you to take away from today? A trial is the culmination of all of the work put into defending a claim by the health and safety team, risk management teams, your own insurance teams, insurers, solicitors and barristers. For this reason, we felt that a mock trial was the best way to show all of the different components of a claim and most importantly help you consider what you need to do to avoid paying out on claims. How will today work? We want to show you as accurate a portrayal of a personal injury civil trial as possible. We are fortunate to have Stephen Campbell from No5 chambers, who sits in a judicial capacity in real life, acting as our judge today. We also have Robert Smallwood and Henry Pitchers, counsel from No 5, acting as the claimant s and defendant s barristers. The trial is not scripted and the barristers have prepared in the same way that they would prepare for a normal trial. I m sure that they ll be just as competitive as they would be in real life too, and will show no mercy to the witnesses on cross examination! You should each have had access to a copy of the trial bundle. This is a folder of all of the evidence relevant to the case, including documents and witness statements. Normally, only the judge and the barristers would have a copy of the bundle, but we thought that it would helpful for you all to have it, so you can see all of the evidence. Some of you may have been to trials in the past and so will be familiar with the running order. For the benefit of those that haven t been to a trial, this is a breakdown of the day: (show timetable on screen) Each barrister puts forward in turn a short synopsis of his side s case, to give the judge a flavour of the evidence and arguments he will hear. Then the claimant s case is put forward first. This means that he gives his evidence and is then cross examined. The claimant s supporting witness then gives her evidence and is cross examined. In civil cases, the main evidence of a witness is submitted in the form of a witness statement. This doesn t have to be given orally, unlike in criminal cases, and is usually taken as read, so you may not hear anything substantial from the witnesses until cross examination. If you want to familiarise yourselves with the individual witness statements, feel free to have a look in the bundle, while each witness is being sworn in. This should enable you to get more from the cross examination. After the claimant s witnesses have given their evidence, the defendant s witnesses will take it in turns to give evidence and be cross examined. Introduction Trial and evidence training - Every step matters -CCBC1010 1

3 Then, the barristers will sum up the evidence in short closing speeches and will each tell the judge why their client should win. The judge will then consider all of the evidence, including submissions on the medical evidence, and deliver a judgment. A discussion about costs will no doubt ensue and in a fast track case like this one, the judge will normally assess costs there and then, based on statements of costs submitted by both parties. Again, these are in the bundles, if you want to have a look at them and think about how reasonable they look. Objectives We are aiming to leave you with: 1 An improved understanding of the effect of your work on an eventual trial. Every step in the case could make a difference. 2 An improved ability to evaluate the evidence available 3 An improved awareness of the essential need to keep re-evaluating the evidence as more about the case emerges 4 A useful insight into what happens at trial. Additional Insights Whilst I said that we want to keep the experience as true to life as possible, we have added two additional features to give an additional insight in to the trial process. Firstly, and this is not in your bundles, there is I gather going to be a late application for evidence to be admitted. We ll have to see how that goes. The outcome has not been predetermined. Secondly, you should each have a small handheld device on your chair. This is a voting button. You will be asked to vote whether you think the claimant s claim will succeed or fail, at three points in the day. Firstly, in a few minutes, but before the evidence; secondly before the defendant opens its case; and lastly when you ve heard counsels closing speeches. We will also give you the opportunity to vote on what you think the likely damages would be, subject to liability, before the judge makes any decision on that. Trials can often be emotional roller coasters, with the claimant looking as though he s going to win one minute and the defendant coming out on top the next. It will be interesting to see how your views change at various stages. The results of your votes will be shown straightaway to see if the room is divided or of the same mind about the likely outcome. Mike Barraclough will explain how to use the handsets in a moment and talk you through a few initial questions. The Finale After judgment has been given, the judge will then give us a few judicial insights on the claim as he saw it, and what you can all do for your businesses to avoid an adverse judgement. Introduction Trial and evidence training - Every step matters -CCBC1010 2

4 Training Materials QBE are filming the performance, with a view to giving a DVD to all delegates showing the relevant parts of the trial, as well as the learning points provided at the end. The DVD is intended to be used by you as a training aid for your own businesses. We hope that that it will help you with your policies and procedures and will allow you to stress to your colleagues the importance of gathering the right evidence. The story so far Our claimant, Mr Bill Loney, was picking up a heavy box when he injured his back. He has brought a claim for damages for personal injury, as well as for the financial losses he has suffered. The Defendant is Full Metal Sprocket Limited, the claimant s employer. They are defending the claim in its entirety, asserting that their health and safety procedures are sufficient and that the accident was the claimant s own fault. Each party has potentially three witnesses who have been seen by a barrister before the trial to ensure their evidence is up to scratch. The only exception to this is the defendant s witness Arthur Brain, who was the duty manager at the time of the accident. Arthur was unable to attend the conference as he was on holiday, although the defendant understands that his evidence will be extremely useful in supporting the defence. The Players In a moment our judge and advocates - all from No5 Chambers- will come in and the trial will begin. All are experienced and trusted counsel, specialising in personal injury claims. However, before the trial starts, I ll hand you back to Mike to talk you through your first vote. Thank you and enjoy the day. Introduction Trial and evidence training - Every step matters -CCBC1010 3

5 Dramatis personae Compere David Evans Judge Judge Stephen Campbell Lawyers Claimant Counsel Defendant Counsel Robert Smallwood Henry Pitchers Claimant s Witnesses Bill Loney Matthew Harrington The claimant and long term employee of the defendant Fiona Loney Claire Garnett The claimant s wife who has faithfully helped him cope with the consequences of his injuries James Joker Davies James Harvey The claimant s colleague at the time of the accident the claimant is applying for the court s permission to rely on this evidence which has turned up very late in the day Defendant s Witnesses Clive Hartman Richard Clarke The defendant s health and safety manager who not only authored the defendant s health and safety guide, but he imposes it with an iron fist Arthur Brain Arion Jones The defendant s duty manager witnessed the accident. He missed the pre-trial conference with the defendant s barrister as he was on holiday. Montgomery Fortune Christopher Wiggin The defendant s wealthy owner and managing director. Berrymans Lace Mawer LLP 2012 Disclaimer This document does not present a complete or comprehensive statement of the law, nor does it constitute legal advice. It is intended only to highlight issues that may be of interest to clients of Berrymans Lace Mawer. Specialist legal advice should always be sought in any particular case. Information is correct at the time of release. P:\PERSONAL INJURY\0000\DSE\QBE\MOCK TRIAL INTRODUCTION.DOC Introduction Trial and evidence training - Every step matters -CCBC1010 4