Through the Maze 2020Finding solutions for seriously injured clients
£65 plus VAT
Our conference is aimed at Claimant Litigators, Case Managers and other professionals supporting those with serious and catastrophic injuries.
Places are limited, please book early to avoid disappointment.
Registration and refreshments
Welcome and Introduction
What Personal Injury Lawyers Need to Know about Capacity
This session will highlight some of the difficulties that can arise for personal injury lawyers where the capacity of the claimant is at issue. It will include a discussion of issues such as welfare, decisions about bets interests, what to do if the issue of capacity to conduct litigation is unclear and how to manage parallel proceedings in the Queen’ Bench Division and the Court of Protection
Education, legislation, challenges and solutions
Current challenges with legislation linked to SEND and EHCPs -considering the support that children receive versus what they need – practical solutions and suggestions.
Lunch, with an opportunity to network with other delegates
Accommodation Claims and Property Adaptions
The session will cover the process of preparing an accommodation report and it’s usual content, reviewing information that is considered in preparing an accommodation report and what issues often arise in accommodation claims. A brief review will be covered of more recent notable cases with regards to accommodation. An overview will also be provided in the process of adaptations, in terms of what information is considered, how properties are often sought on behalf of Claimants and what resources are available when funds are constrained.
Accommodation Claims for the Seriously Injured; where might Swift v Carpenter take us?
Her Honour Mrs Justice Lambert handed down judgment in the case of Swift v Carpenter in August 2018. The Claimant achieved excellent awards in many respects, despite the case being fought on many counts. The Court found as a fact that the larger property the Claimant would now need as a result of her injuries would cost £900,000 more than the home she would have needed, but for her injuries. Nevertheless, the Court was bound by the methodology for calculating the loss as confirmed in the Court of Appeal decision in Roberts v Johnstone . By virtue of that method of calculation and applying the prevailing negative discount rate, the Claimant was awarded £NIL for her £900,000 loss.
The Claimant appeals that ruling and the Court of Appeal will hear the matter over three days in March 2020. This session will provide a summary of the law and an insight into where the law might be post-Swift.