ASPIC in challenging times
On any view, the past 12 months have been an extraordinary time in the personal and professional lives of everyone in Scotland and globally. The courts have responded to the challenges thrown up by the covid-19 pandemic with a range of tools and strategies. In this keynote, Sheriff Campbell will explore some of the issues faced by the All-Scotland Sheriff Personal Injury Court, responses, and future challenges.
Sheriff Kenneth Campbell QC
Qualified One Way Cost Shifting: The New Rules
The new rules on Qualified One Way Cost Shifting are likely to be published in advance of the conference and once they come into force are likely to present challenges and opportunities to both Pursuers and Defenders. The talk will analyse the rules in detail, highlighting the implications for the parties in a personal injury claim and how practice may require to change.
Iain Nicol, Lefevres
Litigation in lockdown: developments in clinical negligence
Recent decisions which have covered a wide area of practice will be reviewed, including what the implications of Covid have been so far, why you should choose your expert wisely and recording of expert examinations. Consent, contributory negligence and vicarious liability judgements will also be considered.
Ann Logan, Balfour + Manson
Coming out from behind the screen: Civil litigation in a post-pandemic world
Richard will discuss developments in civil litigation arising out of COVID-19 and the need to conduct court work virtually. He will look forward to a time when we can put restrictions behind us and consider how civil courts may function in the “new normal”.
Richard Pugh, Compass Chambers
Foreign Accident Claims After Brexit: Where and How?
This session will provide a guide to what has changed since 31 December 2020 in relation to jurisdiction and applicable law, a consideration of the increased impact of the doctrine of forum non conveniens, some practical tips to assist those litigating in this field, and likely future scenarios.
Katherine Allen, Hugh James
This session will cover how to conduct a claim for damages under the Damages (Scotland) Act 2011, and review case law for awards to the various categories of relatives covered by the Act.
Clare Macpherson, Thorntons
Dealing with cases involving Psychological Injury and Pain Disorders
Pain disorder cases are often misunderstood by lawyers. This session looks at how to identify and investigate pain disorder cases. It will also include a review of the current law for secondary victim claims.
David Wilson, Digby Brown
Skilled witnesses and their evidence
This talk is about the use of skilled witness evidence in court, where it is necessary, where it is useful, and where it may not be needed. The discussion will include the proper use of skilled witness evidence as well as the obligations on such witnesses and those who instruct them. The talk will also cover the ways in which skilled witness evidence may be led, and tested, in court.
Ranald Macpherson, Compass Chambers
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