Civil Litigation Update 2019

Kensington Town Hall
Hornton Street
London W8 7NX
United Kingdom

Date: Thursday 31 Oct 2019

Time: 09:30 - 17:00

CPD Hours:

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£109
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£130.80 (incl. VAT)
Cost including lunch:
£124+VAT £148.80 (incl. VAT)
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KEY SUBJECTS

  • MAXIMISING YOUR COST RECOVERY: WHAT CAN I CHARGE MY CLIENT?
  • DISHONESTY, FRAUD AND MISCONDUCT: A CHANGING LANDSCAPE
  • COSTS MANAGEMENT AND AN OVERVIEW OF THE 2020 REFORMS
  • SERVICE RULES AND CASE LAW GUIDANCE: ELEPHANT TRAPS FOR CIVIL LITIGATORS
  • PREPARING FOR HEARINGS
  • HOW TO AVOID PROBLEM WITH YOUR EXPERT

SPEAKERS

Professor Dominic Regan, The City Law School, London

Simon Butler, Barrister, 9 Gough Square

Jeffry Zindani, Dispute Resolution Solicitor, Ellis Hass & Co Solicitors

PROGRAMME

9.30am CHAIRMAN’S INTRODUCTION

MAXIMISING YOUR COST RECOVERY: WHAT CAN I CHARGE MY CLIENT?

Understandably, much emphasis is placed upon recovery of costs from your opponent. However, there are serious obligations and considerations when dealing with the liability of your own client to pay you. The Court of Appeal in Herbert v HH Law April 2019 was unanimous in deciding that a client who had agreed to pay over part of her damages as a costs contribution was not bound by that bargain.

This talk will look at key issues including:

  • What you must tell the client at the outset
  • The difference between consent and informed consent on funding
  • The indemnity principle and exceptions to it
  • A non-contentious business agreement
  • Damage based agreements
  • Proportionality
  • Advising on the inevitable shortfall

Professor Dominic Regan, The City Law School, London

DISHONESTY, FRAUD AND MISCONDUCT: A CHANGING LANDSCAPE

  • The test for dishonesty, fraud and misconduct
  • Pleadings, evidence and burden of proof
  • Cost consequences
  • Contempt of court procedure

Simon Butler, Barrister, 9 Gough Square 

COSTS MANAGEMENT AND AN OVERVIEW OF THE 2020 REFORMS

At long last budgeting is beginning to make sense thanks to a series of decisions late last year. This talk will explain the authorities and also the most common errors made. The probable extension of the Fast Track in 2020 will mean that fewer budgets will eventually be necessary.

  • Yirenki and the limited role of the Costs Judge
  • Variation of the budget
  • What happens upon settlement?
  • Getting big payments on account
  • Which timetable applies to your case?
  • More decisions about late budgets
  • A summary of the forthcoming costs reforms

Professor Dominic Regan, The City Law School, London

SERVICE RULES AND CASE LAW GUIDANCE: ELEPHANT TRAPS FOR CIVIL LITIGATORS

Missed time limits by civil litigation solicitors are one of the largest sources of professional negligence claims reported to insurers. This session will guide you through key procedural rules to avoid common service mistakes and elephant traps.

  • Service rules and common errors
  • “Last known address” – Case law guidance
  • Supreme Court guidance on service by email
  • Are you under a duty to warn your opponent of a mistake?
  • Applying for more time for service – elephant traps explained

Jeffry Zindani, Dispute Resolution Solicitor, Ellis Hass & Co Solicitors

PREPARING FOR HEARINGS

In the course of any civil claim there will be hearings along the way. The ultimate one is a trial but few matters get that far. Interim hearings can proliferate. Directions, Costs Management and other events all require knowledge and tactical expertise.

  • How to approach Directions
  • The budget
  • Avoidance of applications by use of CPR 3.8(4)
  • Amendment and resiling from admissions
  • What to put in the trial brief
  • Striking out

Professor Dominic Regan, The City Law School, London

HOW TO AVOID PROBLEMS WITH YOUR EXPERT

We have had a recent run of decisions where experts have failed to comply with their obligations under CPR 35. This talk will remind everyone of core principles regarding the use and choice of experts.

Issues include:

  • Your duty to serve Court Orders upon your expert
  • The Single Joint Expert
  • Sanctions for contempt
  • Can a party lawfully assert that an expert belongs to them?
  • What you must not tell your expert to do
  • When the Court can reject Expert evidence

Professor Dominic Regan, The City Law School, London

5.00pm CLOSE OF PROCEEDINGS

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Civil Litigation Update 2019

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