Running Clinical Injury Cases in the Tough New Costs Regime

Wed 20 June 2018

The Caledonian Club 9 Halkin Street London SW1X 7DR

Answers to 12 Thorny Questions: Directly from 7 Highly Experienced Barristers and Solicitors

5 hrs CPD

£249 + VAT

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  1. Registration and coffee

  2. Introduction

    Running clinical injury cases in the tough new costs regime

    Chaired by: Charles Bagot QC of Hardwicke

    Charles acts across the range of medical and dental negligence. He defended the NHSLA over a psychiatric injury sustained by a secondary victim. He is an editor of "Kemp & Kemp: Quantum of Damages."

  3. Proportionality

    Drawing on the BNM appeal, is the Court's approach to proportionality too harsh?

    Does "necessity" still hold as an argument?

    Answered by: Sarah Lambert QC of 1 Crown Office Row

    Sarah is a "brilliant costs advocate." She sits as a Deputy Costs Judge of the Senior Courts. She acted in the leap-frogged appeal of J C and A in which the Court interpreted the fixed costs provisions.

  4. Costs budgets

    What is a significant development for the purposes of getting a costs budget increased, with reference to the Harrison litigation?

    Answered by: Jamie Carpenter of Hailsham Chambers

    Jamie is "a costs silk in the making: operating at the level of a QC already: particularly good on funding arrangements." He is a contributor to "Medical Law Precedents" and "Medical Law and Ethics."

  5. Morning coffee

  6. Expert evidence

    What are the golden rules of using expert evidence in a difficult costs regime?

    Which little-known hacks can help you review medical records?

    Answered by: John O'Dowd, FRCS Orth., Consultant Spinal Surgeon

    John is a sought-after medical expert. He “combines rich clinical knowledge with superb communication skills." He is a reviewer for the leading spinal journals and one of the founders of AOSpine.

  7. Funding

    Will fixed costs happen, what will they be and when?

    Is there a right or wrong answer to disbursement funding and help with cashflow?

    Answered by: David Marshall of Anthony Gold Solicitors

    David is a "real powerhouse" for costs and medical negligence. He has been appointed to advise Lord Justice Jackson on his Review of Fixed Recoverable Costs and is a member of the CJC's Costs & Funding sub-committee.

  8. Over-run

  9. Lunch

  10. Settlement

    What is the incentive for defendants to settle, knowing that claimants are in difficulty because of costs budgets?

    Where is the edge?

    Answered by: Andrew Hogan of Ropewalk Chambers

    Andrew is a seasoned barrister with deep expertise in costs law and clinical negligence. He acts for all the major insurers and writes the popular "Costs Barrister Blog" on costs and litigation funding.

  11. Mediation

    Using real-life examples, what are the practical and legal implications of mediation in clin. neg. cases?

    Where are the red lines?

    What will you win and recover?

    Answered by: Fiona Colquhoun of CEDR Chambers

    Fiona is one of the most experienced lead mediators practising in the UK today (with over 500 mediations under her belt). She is a former NHS Director and Non-Executive Director and a FTSE 100 Company Director.

  12. Over-run

  13. Close of conference