Virtual Conference: Civil Litigation Update 2021: Recorded 27th October 2021: 09.30:17.00

Date: Wednesday 27th October 2021
Speaker: Joanne Chase, Professor Dominic Regan, Simon Butler
CPD Time: 6 hours

KEY SUBJECTS

• LITIGATION AND COSTS – GETTING IT RIGHT THROUGHOUT THE CLAIM
• WITNESS STATEMENTS 2021
• PART 36 UPDATE
• PLEADING A CASE AND AVOIDING PITFALLS
• SANCTIONS AND DEFAULT

SPEAKERS

Joanne Chase, Senior Associate, Clarion Solicitors

Professor Dominic Regan, The City Law School, London

Simon Butler, Barrister, 9 Gough Square

PROGRAMME

9.30am CHAIRMAN’S INTRODUCTION

LITIGATION AND COSTS – GETTING IT RIGHT THROUGHOUT THE CLAIM

Litigation is like a story. This talk will provide chapter and verse on the essential areas to get right during the life of a claim to ensure maximum costs recovery at the conclusion.

In addition to a review of important case law, Joanne will look at:

• Funding, ensuring your retainer is enforceable and where it goes wrong
• Setting the right hourly rate; including what to consider and when
• Costs management, budget monitoring and budget revision
• The importance of file management to justify time spent
• Payments on Account and securing one at the earliest opportunity
• Solicitor own client challenges – in particular, a review of recent case law and what to do to avoid any future challenge

Joanne Chase, Senior Associate, Clarion Solicitors

WITNESS STATEMENTS 2021

April 2021 saw massive changes to trial witness statements in the Business and Property Courts. Meanwhile, the mainstream rules which have been with us since 16th November 1992 cause problems to this day. This comprehensive review of the Rules, old and new, will be relevant to all civil litigators. Issues covered will include:

• The trap hidden in CPR 32.10
• How the Court can assist in reducing content
• What should and should not be included
• How the Court can deal with non – compliant statements
• GESTMIN
• How to help the Court understand your case

Professor Dominic Regan, The City Law School, London

PART 36 UPDATE

‘ Make offers, make money ‘! The last 18 months has generated the best run of decisions since Part 36 was introduced in 1999.A good offer by a receiving party can generate massive benefits for client and solicitor. This talk will look at the latest law and tactics that you need to know about and will include:

• Uplifts after TELEFONICA
• How high can a good offer be pitched?
• A good offer to take £1?
• How to make a valid drop hands proposal
• Can rewards be partitioned?

Professor Dominic Regan, The City Law School, London

PLEADING A CASE AND AVOIDING PITFALLS

• Pleading a case where discreditable conduct is alleged
• When an amended pleading starts to resemble a rainbow
• Pleading fraud and/or dishonesty
• Difference between a denial and a non-admission
• Contradictions
• Inadequate pleadings
• Basic principles of pleading

Simon Butler, Barrister, 9 Gough Square

SANCTIONS AND DEFAULT

The new Rules introduced as a result of the Jackson reforms have transformed the approach to default. What should one do in the event of breach?

• Denton deconstructed
• A checklist to help secure relief
• The delay that cost £1m
• Why timing is everything
• Why you can’t buy your way out of trouble

Professor Dominic Regan, The City Law School, London

5.00 pm CLOSE OF PROCEEDINGS