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Association of Personal Injury Lawyers

Personal injury update - autumn 2018

APIL CPD:
All levels - 6 hours

(Please note that the number of CPD hours may be subject to change)

Don’t miss out on practical tips and insights into what is around the corner

Presented by expert practitioner and JPIL editorial board members, APIL President Brett Dixon and APIL Secretary John McQuater, this course will give you the most up to date insight into practice, procedure and the latest case law.

You must certify to the SRA that you are competent. This course gives you exactly what you need at a time of massive change.

RTA update

  • Contributory negligence and pedestrians
  • Dangerous driving and joint criminal enterprises
  • Duties of local authorities to maintain and cut back vegetation adjacent to the highway
  • More on issuing proceedings against an unknown defendant
  • Use of a vehicle – the Court of Justice of the European Union – dual use vehicles as an exception to the Vnuk guidance

Employers' liability

  • Work at height
  • Who must, and how do you, prove a pre-existing defect?
  • How to approach overlapping regulations
  • Risk assessment and control measures
  • Liability for acoustic shock injuries

Holiday claims

  • Sexual assault and rape – is there any liability under the Package Travel, Package Holidays and Package Tours Regulations 1992?
  • Trips and slips when leaving a cruise ship – who is responsible
  • Disembarkation from a vessel being used for a fishing trip – what does disembarkation mean under the Athens Convention 1974?

Public and occupiers' liability update

  • Shops and dangerous items
  • The duty of care in relation to driver only trains leaving platforms
  • Occupiers’ duties in relation to relation to trips in amusement arcades and darkened areas
  • Attempted murder in a prison gym – what should the prison authority be doing if they have intelligence on threats?
  • Risk assessment – can a court infer causation when it is established the defendant knew of a risk? The role of experts in that process.
  • Remoteness and Novus actus – what is the sole effective cause of an accident? When does a person’s conduct eclipse the earlier negligence?
  • When is the claimant a "visitor" under the Occupiers' Liability Act 1957 or a "trespasser" under the Occupiers' Liability Act 1984?
  • What is the nature of the duty owed to visitors to a hospital?
  • How is a hypoglycaemic attack and the effects of a pre-existing brain injury relevant to contributory negligence?

Fraud and fundamental dishonesty

  • Fraud and exemplary damages
  • S57 fundamental dishonesty
  • Can a defendant seek a finding of fundamental dishonesty after discontinuance?
  • Committal to prison
  • When is a failure to recover a head of damage fundamentally dishonest?

Procedure

  • Applications for further expert evidence – what is the test?
  • Costs pre-proceedings where the claimant should have used the portal – the latest from the Court of Appeal
  • The Supreme Court on the solicitors’ equitable lien, contractual entitlement to be paid for work done for a client, when an insurer has notice the costs should be paid to the solicitor and not the client and the portals
  • QOCS exceptions – when is the claim not for personal injuries?
  • Service of claims out of the jurisdiction – the view of the Supreme Court
  • Transfer of CFAs between firms – novation or assignment – Court of Appeal guidance
  • The factors relevant in applying for a split trial
  • Who is responsible when a costs draftsmen make an error?
  • QOCS and Part 20 claims
  • Dealing with compromise agreements that preclude personal injury claims – will the claim be struck out?
  • Privilege in communications relating to joint expert meetings under CPR 35

Damages

  • The latest from the Supreme Court on actionable injury
  • Credit hire – is it recoverable when the liability to pay is only contingent on recovery from a third party?
  • Is fear a personal injury?

CPR update

  • The 97th update
    • County court legal advisors
    • Summary of fixed costs changes for package travel claims
    • Professional negligence adjudication scheme

Cost:

Corporate accredited firm: £205 + VAT
APIL member: £240 + VAT
Non-member: £355 + VAT

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