Civil Litigation Update 2022

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Details
Venue: Kensington Town Hall, London
Address: Hornton Street, London W8 7NX
Directions: View Map
Date: Monday 31st October 2022
Time: 13.30-17:00
Speaker: Professor Dominic Regan
CPD Time: 3.5 hours
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KEY SUBJECTS

  • EVIDENCE 2022
  • WHAT CAN I CHARGE AND OTHER COSTS PROBLEMS
  • FORTHCOMING REFORMS TO CIVIL PROCEDURE

SPEAKERS

Professor Dominic Regan, The City Law School, London

PROGRAMME

1.30pm CHAIRMAN’S INTRODUCTION

EVIDENCE 2022

The biggest reform in recent times has been the introduction of onerous witness statement Rules in the Business and Property Courts. These have caused distress to some practitioners named and shamed for default.

There has also been a worrying run of authorities where ‘experts‘ have been denounced for lacking independence, integrity or indeed knowledge.

This talk will review the cases and highlight the most common lapses.

  • The failings in GREENCASTLE (2022)
  • The expert ordered to pay £50,000 in costs
  • The requirement within Part 35 that is most commonly breached
  • The duty to preserve evidence after VARDY V ROONEY
  • The dubious witness

WHAT CAN I CHARGE AND OTHER COSTS PROBLEMS

This talk will, amongst other things, review the Costs and Funding case of the year, BELSNER V CAM heard over 3 days in July 2022. Major points of broad application are to be determined.

  • What counts as ‘ proceedings’?
  • What duty, if any, do I owe to a client when negotiating my terms of engagement with them?
  • Can I bill my own client if we go over budget without their consent?
  • Can a Part 36 offer be revealed at a budgeting hearing?
  • Will budgeting continue in injury cases?
  • How much can I take out of damages payable to my client?

FORTHCOMING REFORMS TO CIVIL PROCEDURE

Big changes are in the pipeline. Mandatory ADR is coming. Next April there will be a drastic extension of Fixed Costs. Many cases worth from £25,000 to £100,000 will be allocated to an extended Fast Track. Debt claims, commercial disputes, vehicle damage, housing disrepair, personal injury and negligence actions will be within the new Rules. Dominic Regan, who advised Sir Rupert Jackson upon the reforms as long ago as 2017, will explain the big changes.

  • The demise of costs management and detailed assessment
  • Out goes the indemnity principle
  • What if a case is really complicated?
  • What cases will be excluded?
  • How will costs be calculated?
  • The 4 bands of work
  • How quickly will my workload be affected?

Professor Dominic Regan, The City Law School, London

5.00pm CLOSE OF PROCEEDINGS

£79.00 + VAT

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