Virtual Conference – Civil Litigation Update 2020 – Recorded 29th October
KEY SUBJECTS
- COVID-19: LITIGATION IN THE TIME OF A PANDEMIC – A CHANGING LANDSCAPE
- WITNESS STATEMENTS
- A PRACTICAL GUIDE TO ADR
- PART 36 AND SETTLEMENT UPDATE
- CIVIL PROCEDURE UPDATE
- CHARGING CLIENTS: ELEPHANT TRAPS AND BEST PRACTICE FOR CIVIL LITIGATORS
SPEAKERS
Simon Butler, Barrister, Mediator, Arbitrator, 9 Gough Chambers
Professor Dominic Regan, The City Law School, London
Jeff Zindani, LLB MA Solicitor and Consultant to Law Firms
PROGRAMME
9.30am CHAIRMAN’S INTRODUCTION
COVID-19: LITIGATION IN THE TIME OF A PANDEMIC – A CHANGING LANDSCAPE
- Overview of current guidance, protocols and announcements
- Adjournments, hearings in open court, remote hearings and hybrid hearings
- Remote joint settlement meetings and mediation
- Non-compliance with directions due to Covid-19, extensions of time and relief from sanctions
- Impact of Covid-19 and setting aside judgments in default
Simon Butler, Barrister, Mediator, Arbitrator, 9 Gough Chambers
WITNESS STATEMENTS
The Rules changed significantly in April this year. This talk will explain the reforms and identify the most common pitfalls. Getting it wrong could mean that a decent case fails!
- What should be in a statement
- Who is the best person to make a statement?
- Sanctions for late and defective statements
- The reluctant witness Advice on drafting
- The recent Rule changes
Professor Dominic Regan, The City Law School, London
A PRACTICAL GUIDE TO ADR
The senior Judiciary is angling to make ADR mandatory! Two big decisions this year emphasise that big costs sanctions can be imposed where a party has unreasonably failed to engage. Issues to be addressed will include:-
- How one must respond to a suggestion of ADR
- Which form of ADR is best
- Was HALSEY correct?
- Why saying I have a brilliant case doesn’t excuse ADR involvement
- Privilege in mediation meetings
Professor Dominic Regan, The City Law School, London
PART 36 AND SETTLEMENT UPDATE
The cases keep coming! In the last year there have been a string of big decisions about Part 36 and interest. This talk will look at:-
- When the Jackson uplift is recoverable
- How to reward a defendant that made a good offer
- The profound distinction between Part 36 and Without Prejudice proposals
- Who is the winner in litigation?
Professor Dominic Regan, The City Law School, London
CIVIL PROCEDURE UPDATE
- Relief from sanctions and developing principles
- Setting aside joint judgment
- Witness statements – new mandatory requirements
- Issue-based costs orders
- Service of documents
- Experts – new guidance and diagnosis by video link
Simon Butler, Barrister, Mediator, Arbitrator, 9 Gough Chambers
CHARGING CLIENTS: ELEPHANT TRAPS AND BEST PRACTICE FOR CIVIL LITIGATORS
In this session Jeff will guide you through the minefield of issues that face civil litigation practices, whilst giving practical guidance on your retainers/client care letters, funding models and costs information. This session will cover the following:-
- Client Care Letters in Practice: Practice Points and Pitfalls
- Costs Information: From Shortfalls to Costs Budgets
- “Unbundled Services” and Litigation
- Contingency Fees and Damages Based Agreements: Guidance from the High Court
- Policy and Procedures on Charging Clients
Jeff Zindani, LLB MA Solicitor and Consultant to Law Firms
5.00 pm CLOSE OF PROCEEDINGS
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