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Litigation & Dispute Resolution

Your CPD Training GuideSeptember 2014 Onwards

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Litigation and Dispute Resolution Conferences CPD Hours Level Page

Contract Law Update Conference 2014 6 A 14

Regulation of Healthcare Professionals Conference 2014 6 A 18

Litigation and Dispute Resolution Courses

CPR, Civil Litigation and Jackson Update 2014 6 6

10 Tricky Points in Insurance Law 6 21

1975 Act and Other Claims Against PRs 5 26

Adjudication: A Practical Guide 3 22

Anti-social Behaviour Update and the New Act 3 29

Avoiding and Managing Commercial Disputes: A Guide for In-house Counsel 6 8

Bankruptcy: The Inside Track 3 12

Case Management Post-Jackson: What to Expect 3 8

Certificate in Civil Litigation Procedure 12 7

Civil Fraud and Misrepresentation: What You Need to Know 3 23

Commercial Torts and Remedies: A Practical Guide 6 16

Conducting a Civil Claim from Start to Finish in the Post-Jackson Era 6 6

Consumer Credit Litigation: The Changes 3 27

Consumer Law Update 2014 6 27

Contentious Probate and Will Disputes: Developing Your Knowledge 5 26

Contentious Probate: Current Issues and Problem Areas for Practitioners 5 25

Contractual Disputes: The Complete Picture 6 13

Costs and Funding Arrangements - The Tricks, Traps and Outcomes of the Jackson Reforms 6 10

Enforcement of a Judgment: The New Law and Practice 6 11

Executing Documents: How to Get it Right First Time 3 16

Masterclass - a practical approach to a specialist topic for experienced professionals

A

Advanced - for senior professionals

Contents

0121 362 7705 | [email protected] | www.clt.co.uk | Quote booking reference SG114683

Intermediate - professionals with significant knowledge and

experience

Foundation - for those new to the topic or those

converting

Update - overview and analysis of latest developments and

current issues

Litigation and Dispute Resolution Courses continued CPD Hours Level Page

Financial Mis-selling: Understanding Structured Products and LIBOR 6 23

Getting to the Money - Proactive Debt Recovery in 2014 6 12

Insurance Law: A Practical Introduction 6 21

Legal Aid Supervision: An Introduction 7 28

Licensing Update 2014 5 28

Limiting Liability - Indemnities, Warranties and Guarantees that Work 6 A 13

Masterclass in UCIS Mis-selling Claims 6 24

Part 36 - The Ultimate Guide 3 9

Possession of Private Residential Premises 6 29

Professional Negligence Claims - Pursuing and Defending 6 20

Professional Negligence Update 5 20

Shareholder Claims: An Introduction 3 17

Tackling Litigation with a Foreign Element 6 22

Understanding and Managing Intellectual Property Disputes 5 25

Winning in the Small Claims Court 3 9

Litigation and Dispute Resolution Webinars

Acting Against Litigants in Person 1.5 48

Damages in Contract Law: A Refresher and Update 1.5 48

Defending Motorists: Recent Developments 1.5 48

Defending Speeding Allegations 1.5 49

Enforcement of a Judgment: The New Regime 6 Months On 1.5 49

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Litigation and Dispute Resolution Webinars continued CPD Hours Level Page

Pre-action and Third Party Disclosure and Norwich Pharmacal Relief 1.5 49

Preparing for Mediation 1.5 49

Relief from Sanctions: Is Mitchell Still Good Law? 1.5 49

Specsavers vs. Asda: Anatomy of a Trade Mark Dispute 1.5 49

Personal Injury Law and Clinical Negligence Conference

Catastrophic Injury Claims Conference 6 A 34

Personal Injury Law and Clinical Negligence Courses

Advocacy for the Personal Injury Lawyer 6 36

Assault Claims in Personal Injury 5 32

Bullying and Harassment Claims: A Guide for PI lawyers 3 33

Certificate in Personal Injury 12 30

Clinical Negligence - An Introduction 5 37

Clinical Negligence Update 3 38

Clinical Negligence: Risk Assessing a Claim 3 37

Damages - Dealing with Higher Value PI Claims 6 33

Industrial Disease - Developing your Skills 3 32

Inquests: Guidance from a Coroner 3 36

Occupiers', Employers' and Public Liability 5 31

Personal Injury Update 2014 6 31

Quantum in Clinical Negligence Claims 3 38

Contents


Conversion Courses CPD Hours Level Page

Certificate in Commercial Contract Drafting 12 39

Certificate in Insolvency Law 6 41

Converting Your Practice to Employment Law 6 41

Essential Toolkit for In-house Counsel 12 40

Private Client Conversion Course 27 42

Residential Property: An Intensive Introduction for Qualified Practitioners 6 43

Property Litigation Courses

Agricultural Litigation: A Practical Guide 3 45

An Introduction to Commercial Property Litigation: Part One 6 43

An Introduction to Commercial Property Litigation: Part Two 6 44

Boundary Disputes: A Practical Approach 6 44

Wind Farms: Key Issues in Planning and Litigation 3 45

Property Litigation Webinar

Commercial Rent Arrears Recovery: Six Months In 1.5 48

Litigation Skills Courses

Interviewing Witnesses: How to Unlock Their Memories 6 47

Litigation Drafting - A Comprehensive Guide 6 46

Managing Litigation Effectively After Jackson 6 46

Update - overview and analysis of latest developments and

current issues

Masterclass - a practical approach to a specialist topic for experienced professionals

A

Advanced - for senior professionals

Intermediate - professionals with significant knowledge and

experience

Foundation - for those new to the topic or those

converting

6

London 9 Sep Newcastle 30 Sep

£195 + VAT CLT Members/£420 + VAT Non-members

This is a comprehensive and common sense course, concentrating on the practical aspects of conducting a civil claim. It is designed to give you a full understanding of how to conduct civil proceedings from start to finish and has been fully revised and updated to take account of the Jackson reforms. It will be particularly of interest to those who are new to litigation, in-house counsel and those returning from a career break.The course includes:• Initial instructions and steps • What to do next in protocol and non-protocol cases • Obtaining and preparing the evidence • A brief outline of costs issues • Negotiations and offers – the different options and tactics • Part 36 offers and payments – tactics and pitfalls • Statements of case and starting proceedings • The tracks and case management • Interim applications • Preparing for trial and trial procedure • Judgment and enforcementSpeaker: Andrew McLoughlin, Solicitor, has been granted Higher Rights of Audience for Civil and Criminal proceedings and sits as a recorder in the Crown and County Courts. Andrew has been described by a previous delegate as ‘an extremely erudite and knowledgeable gentleman with a sharp sense of humour. An absolute joy to learn from. Truly outstanding’.

Foundation | 6 hours CPD

Liverpool 9 Sep Swindon 23 Sep Leeds 11 Sep Norwich 24 Sep Birmingham 17 Sep Hull 2 Oct Leicester 18 Sep Bristol 3 Oct


This course provides a comprehensive, detailed and up-to-date review of the CPR and Jackson and County Court Reforms. It covers recent developments across all stages of the litigation process from pre-action conduct to appeals and enforcement and takes an in-depth look at the Jackson Reforms and their impact on civil and commercial litigation. It is lively and informative and has been proven over time to be one of the most reliable tools for the busy litigator.Speaker: Ian Gascoigne is a solicitor and a partner of Eversheds LLP in its commercial dispute resolution group. He handles most forms of commercial litigation and has considerable experience of international arbitration. He trains lawyers on a variety of litigation subjects.Or Andrew McLoughlin, Solicitor, has been granted Higher Rights of Audience for civil and criminal proceedings and sits as a recorder in the Crown and County Courts. Andrew has been described by a previous delegate as ‘an extremely erudite and knowledgeable gentleman with a sharp sense of humour. An absolute joy to learn from. Truly outstanding’.Or Janice McMullen is a solicitor with significant commercial litigation experience gained both in private practice and in-house at a leading building society. She is now a freelance legal trainer and sits as a deputy district judge and civil recorder on the North Eastern circuit.

Update | 6 hours CPD

Conducting a Civil Claim from Start to Finish in the Post-Jackson Era

CPR, Civil Litigation and Jackson Update 2014

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Litigation and Dispute Resolution



Newcastle 30 Sep - 1 Oct London 14 - 15 Oct, 9 - 10 Feb Manchester 16 -17 Mar


This 2 day course is designed for practitioners wishing to gain a good practical grounding in this field. It is suitable for trainees, newly qualified solicitors and paralegals as well as for those returning after a career break or wishing to change disciplines. It is designed to provide an A to Z of litigation.Topics covered include:• Preliminary matters - Information required from and to be given to the client - Costs considerations - Is the claim/defence worth pursuing? - Limitation - Can it be settled? - Pre-action protocols - Negotiations and tactics - WP and open communications - Part 36 • Preparing for litigation - Pre-action disclosure - Obtaining information from third parties - Preserving evidence - Pre-action interim remedies • Starting proceedings - Drafting statements of case - RFIs - Issuing and serving the claim • Case management - Allocation and directions - Strike out/court sanctions - Vexatious applications - Early judgment - Summary judgment/strike out - Default judgment

• Witness statements - Preparing statements for interim applications and trial - The use of witness summaries - Hearsay evidence • Experts - Single joint and separately instructed experts - the practical implications - Instructing the expert - Without prejudice meetings - What can the other side see? • Disclosure - What needs to be disclosed? - Available objections - Privilege claims • Preparing for trialSpeaker: Francis Treasure is a member of Chambers at 42 Bedford Row, London, where he practises in common law, specialising in professional negligence and personal injury.Andrew McLoughlin, Solicitor, has been granted Higher Rights of Audience for civil and criminal proceedings and sits as a recorder in the Crown and County Courts. Andrew has been described by a previous delegate as ‘an extremely erudite and knowledgeable gentleman with a sharp sense of humour. An absolute joy to learn from. Truly outstanding’.


Certificate in Civil Litigation Procedure

8

Future dates available online

Leeds 14 Oct am London 22 Oct am Birmingham 23 Oct am Manchester 30 Oct am


Following a recent flurry of high profile decisions, no one has been left in any doubt as to the fundamental and far reaching nature of Lord Justice Jackson’s case management reforms. Litigators are getting to grips with a new approach to managing cases in the civil courts and need to understand what has changed post-Jackson and what will stay the same. This half-day course provides a useful summary of the key changes to the case management regime and gives tips on how best to prepare for a case management conference in the new era.It will look at:• Costs management • Relief from sanctions • Disclosure menu • Allocation and new directions questionnaire • Expert evidenceSpeaker: Andrew McLoughlin, Solicitor, has been granted Higher Rights of Audience for Civil and Criminal proceedings and sits as a recorder in the Crown and County Courts. Andrew has been described by a previous delegate as ‘an extremely erudite and knowledgeable gentleman with a sharp sense of humour. An absolute joy to learn from. Truly outstanding’.

Intermediate | 3 hours CPD

Leeds 7 Oct London 14 Oct


Commercial disputes are a fact of life but can be a real headache for in-house counsel. Many in-house teams have little spare capacity and limited experience of litigation and face the challenge of using external resource effectively and keeping business disruption to a minimum.This course is designed for in-house lawyers who do not have a contentious background. It will assist you to minimise the risk of disputes by identifying risk factors in procurement processes and implementing measures to mitigate these risks. It will help you to deal with disputes as they arise, examining the issues that should be considered, advising on compliance with disclosure obligations and providing strategies to reduce the cost and time incurred.This is a course that will reap dividends for a busy in-house lawyer and will cover:• Where do the risks occur? • Dispute resolution provisions • Preliminary issues to consider when a dispute arises • Funding litigation • Case strategy • Disclosure and document management • Privilege • Cross-border disputesSpeaker: Iain Maxwell is an experienced dispute resolution lawyer and solicitor advocate practising in the Herbert Smith Freehills dispute resolution division. Iain specialises in international arbitration, with particular expertise in investment arbitration, and has also acted in proceedings before the English High Court.


Case Management Post-Jackson: What to Expect

NEW Avoiding and Managing Commercial Disputes: A Guide for In-house Counsel




Leeds 14 Oct pm London 22 Oct pm Birmingham 23 Oct pm Manchester 30 Oct pm


Part 36 is, arguably, the most important of the Civil Procedure Rules. Used effectively, it is an invaluable tool for the litigator. It can make the difference between a ‘pyrrhic’ victory and a real recovery for the client. It enables positional bargaining and effective negotiations. This course provides an in-depth guide to the rule and updates practitioners on the very latest case law.• The requirements of the Part 36 offer • Costs consequences for the claimant • Tactics for the Defendant • Rejecting and Withdrawing offers - the position after Gibbon vs. Manchester City Council (2010) • Reference to ‘time limited offers’ after C vs. D (2011) • French vs. Groupama Insurance Company Limited (2011) • Thewlis vs. Groupama Insurance Company Limited (2012) • Joyce vs. West Bus Coach Services Limited (2012) • Pre-action Part 36 offers - how it works • Tactics considerations and tips • Enforcement of Part 36 offers pre and post issue • Beating the offer redefined after the Carver and Multiplex cases • The relationship with CPR Part 44 (costs) • The Jackson reforms to Part 36Speaker: Andrew McLoughlin, Solicitor, has been granted Higher Rights of Audience for Civil and Criminal proceedings and sits as a recorder in the Crown and County Courts. Andrew has been described by a previous delegate as ‘an extremely erudite and knowledgeable gentleman with a sharp sense of humour. An absolute joy to learn from. Truly outstanding’.


Birmingham 9 Sep pm Leeds 16 Sep pm London 10 Oct pm Manchester 21 Oct pm


Following the recent increase in the maximum value to £10,000, it is more likely than ever that clients will seek legal representation in connection with a small claim. This course, which is presented by barrister and experienced tutor Leon Glenister, is aimed at paralegals, trainee and junior solicitors and may also be useful to litigants in person. It will explain which cases are suitable for the small claims track and how the Court approaches them. It will also highlight some of the trickier issues you may encounter and suggest tactics for success.Topics covered include:• What is (and is not) suitable for the small claims track • Drafting claims/defences • Calculating interest • Settlement offers • Default judgments and summary disposal • When will ‘’standard directions’’ need to be altered? • Preparing for the hearing: ‘’do’s and don’ts’’ • Presenting the case • Appeals • When can I recover costs (and what can I claim?) • Enforcing a judgmentSpeaker: Leon Glenister is a barrister at Hardwicke whose practice centres on Public Law and Commercial/Insurance Law. He has appeared in the Court of Appeal, High Court, County Court and FTT and has recently successfully dealt with applications in relation to the Mitchell criteria. Leon is a tutor in Law at the University of Cambridge. He regularly writes and comments for national and international publications and blogs at LawThink.


Part 36 - The Ultimate Guide NEW Winning in the Small Claims Court

10


Manchester 9 Sep, 10 Mar Birmingham 7 Oct, 17 Mar Leeds 10 Sep, 11 Mar London 8 Oct, 18 Mar Southampton 24 Sep Cambridge 15 Oct Plymouth 25 Sep Chester 21 Oct


To say that the last year has seen change in the civil litigation arena is something of an understatement! The decisions in Mitchell and subsequent cases have significantly impacted on all aspects of litigation and practitioners are seeking judicial guidance and clarification on a number of costs issues. The funding of litigation raises yet more queries and pitfalls - what’s happening with DBAs, are CFAs still a viable product and what about ATE and who should pay for it?This course has been specifically designed to examine the world pre and post-Jackson and provides a comprehensive costs and funding update including:• Proportionality pre and post Jackson • Relief from sanctions – notice of funding, s.32 information • Funding a case – what arrangements can we now use? And what about our old cases? • Costs recovery– summary, provisional and detailed assessment • Costs Management – the developing case law • The Court’s new approach to litigation • Success Fees and ATE Premiums – what can I recover and when? • Fixed costs – MOJ Portal, predictive costs and cases that ‘drop out’ • Costs offers – Part 47 or Part 36? What offers to make and when?Speaker: Dominic Swallow is a costs lawyer and principal at Century Consultants Limited. He has previously worked for the largest defendant costs negotiating firm in the country and has also headed up the costs unit for a top-25 national commercial law firm.


London 13 Oct pm Leeds 31 Oct pm

As volumes of data continue to rise and parties grapple with ‘big data’, cloud storage and a new stream of data from mobile devices, managing electronic disclosure is becoming increasingly challenging. At the same time, the demands of litigation are becoming more stringent; costs budgeting requires parties to scope disclosure as early as possible and it is already clear that relief from sanctions will not be readily granted. This invaluable course provides a comprehensive, practical and accessible guide to managing e-disclosure.• History and background to Part 31, the EDQ and Jackson • Duty to preserve data for litigation • The imperative of working with technology partners and how to choose yours • Data collection – where it goes wrong • Planning and preparation • Computer forensics and the ACPO guidelines – the meaning of “document” • Proprietary vs. non-proprietary technology • The predictive coding revolution • Unusual data: Instant messaging, unstructured data, chat, voice recordings • E-disclosure and disclosure: what is the difference? • Electronic data and search orders • Co-operation over disclosure • Planning and executing a reasonable search • What is a ‘defensible’ process?Speaker: Mark Surguy is a partner at Eversheds and chairs its ESI Taskforce. He is listed in the Legal 500 as an “exceptional” fraud lawyer. Mark writes the E-disclosure practice notes for Lexis PSL.



Costs and Funding Arrangements - The Tricks, Traps and Outcomes of the Jackson Reforms

NEW e-Disclosure: Your Essential Guide



Masterclass


London 29 Oct

Enforcement of a Judgment: The New Law and Practice

Masterclass | 6 hours CPD

Last spring saw the biggest shake up in debt enforcement for many years. Provisions of the Tribunals, Courts and Enforcement Act 2007, for which we have been waiting six years, have finally been enacted. All practitioners working in the area of commercial litigation and debt recovery need to understand how these developments impact on their practice. This Masterclass will explain the changes and update you on other recent developments in the world of enforcement.Presented by Stephen Allinson, a very experienced solicitor in this area and Alan Smith, a high court enforcement officer, the masterclass will be practical and work through case studies. It will provide tips and tactics to ensure you are not caught out by these changes and that you are able to advise your clients swiftly and effectively on recovery options. The masterclass will cover:• Tribunals Courts and Enforcement Act 2007 - goodbye to writs of Fi fa and hello to Taking Control of Goods • The review of Enforcement Regulation generally • Crime and Courts Act 2013 - what does this say about enforcement? • Charging Orders and Orders for Sale - should we be using them more? • Protecting the assets in debt recovery: injunctions and insolvency proceedings • Landlord and Tenant Debt Recovery - welcome to the world of CRAR

Speakers: Stephen Allinson is Chairman of the Joint Insolvency Examination Board. He is a Consultant with Lester Aldridge Solicitors as well as lecturing and presenting. He has for many years been recognised as a ‘leader in his field’ by legal directories. He regularly contributes to professional publications and has written a leading text on Debt Recovery.Alan Smith is Director of Corporate Governance at HCE Group. He is an authorised high court enforcement officer. Alan sits as a director and treasurer of the High Court Enforcement Officers’ Association. He has worked on the expert working group with the Security Industry Authority on a future licensing of enforcement agents and also worked closely with the High Court Enforcement fees. He sits on the Association’s educational board and is an ICM examiner for the Association’s newly established qualification.

12



Leeds 10 Oct pm Birmingham 17 Oct pm Bristol 24 Oct pm London 31 Oct pm


As the economy exits the recession and interest rates and house prices increase, you can expect to see creditors taking more focused aggressive action and utilizing the bankruptcy procedure to recover their debts. This half day course is aimed at experienced commercial and private client solicitors who need to advise their clients on bankruptcy. It will cover all the key issues in bankruptcy in a practical way from seeking alternatives to bankruptcy to cross border issues and will equip you to advise with confidence.Topics covered include:• Dealing with the basics – the preamble to the bankruptcy order – the official receiver/trustee in bankruptcy’s role • The bankrupt’s estate – including the matrimonial home, voidable transactions and more esoteric areas such as after acquired assets • The difficult bankrupt – bankruptcy offences – bankruptcy restriction orders and undertakings – s.366 applications • Cross border bankruptcy and ”forum shopping” • Exiting the bankruptcy and the power of the IVA • Case law updateSpeaker: Tony Sampson handles recovery, restructuring and insolvency at JGR. As well as being a solicitor he is also a licensed insolvency practitioner and has his higher rights of audience. Tony represents a mix of insolvency practitioners, banks, other secured and unsecured creditors, directors and debtors on all UK insolvency and cross border insolvency matters.


London 10 Sep Newcastle 11 Sep Southampton 17 Sep Bristol 18 Sep


This course is aimed at civil litigators, debt recovery practitioners and paralegals who wish to enhance their understanding of the debt recovery process from taking instructions through to enforcement in the new regime.It includes:• Compliance and Regulatory Issues • Pre-action considerations: profiling the debt and the debtor • Possible defences • Limitation • Interest • Default judgments • Summary judgment/strike out • Costs and Part 36 offers • Enforcement: advantages and disadvantages of different remedies • Insolvency procedures: when to use and when to avoid. • Recent reforms and case lawSpeaker: Stephen Allinson is Chairman of the Joint Insolvency Examination Board. He is a Consultant with Lester Aldridge Solicitors as well as lecturing and presenting. He has for many years been recognised as a ‘leader in his field’ by legal directories. He regularly contributes to professional publications and has written a leading text on Debt Recovery.


NEW Bankruptcy: The Inside Track Getting to the Money - Proactive Debt Recovery in 2014



This brand new course is aimed at experienced practitioners who negotiate and draft commercial contracts in private practice and in-house and may also be of interest to litigators. It undertakes an in-depth review of the problem areas around the limitation of liability in commercial contracts. It will also identify common obstacles in negotiations and suggest ways in which these can be navigated:• Limitation of liability: caps, what is reasonable? Deliberate breach scenarios; relationship with entire agreement, warranties and indemnities. • Indemnities: providing and resisting, scope and ‘trigger’ mechanisms, support or replace the obligation, enforcement • Warranties: what can be covered? How to tailor to specific use; services warranties, title, IPR and quality, flow-down and chain issues • Financial and performance guarantees: form and structure, primary and secondary issues, using bonds and escrow, the impact of change control, e-signatures and pre-emptive defences and enforcementSpeaker: Helen Swaffield is a barrister with 20 years’ experience in commercial litigation. Within her practice at Harrington Law, Helen works with government bodies and leading firms of solicitors on a range of commercial and in-house projects.

Birmingham 22 Sep Manchester 23 Sep London 16 Oct, 20 Mar Leeds 27 Mar

£195+ VAT CLT Members/£420 + VAT Non-members

Advanced | 6 hours CPD

NEW Limiting Liability - Indemnities, Warranties and Guarantees that Work

Exeter 12 Sep Leeds 10 Oct Birmingham 19 Sep, 12 Jun Manchester 13 Mar London 1 Oct, 27 Feb Newcastle 9 Oct


This is a highly practical course which focuses on the opportunities and risks occurring in every day commercial contracts which underpin most civil disputes, making it a must for private practitioners and In-House lawyers whether negotiating, drafting or litigating on contract and commercial matters.Topics covered include:• The legal risks audit • Avoid litigation - essential protective terms • Incorporation of terms and life after the “battle of the forms” • Avoiding challenges to the enforceability of settlements • Entire agreement clauses, pushing them to the limit • Compromise agreements: 3 simple rules • Damages update, recent developments and calculation issues • Liquidated damages and penalty clauses revisited, the use of a condition precedent • Making time of the essence, the danger of the Union Eagle case • Post termination restrictive covenants • Language and punctuation • Exclusions and limitations • Contractual intent and enforceability including the danger of commencing work prior to “signing off” • Discharge and terminating the contract and the exposure of wrongful termination • Dispute resolution provisions and ADR clauses • Traps for the unwary • The solicitors’ “must know” list of contract and commercial law principles.Speaker: Helen Swaffield is a barrister with 20 years’ experience in commercial litigation. Within her practice at Harrington Law, Helen works with government bodies and leading firms of solicitors on a range of commercial and in-house projects.


Contractual Disputes: The Complete Picture

14Central LondonFees: £415 + VAT CLT Members/£525 + VAT Non-Members

SpeakersKevin Calder is a partner in Mills & Reeve’s technology and commercial team, and advises both customers and suppliers on major outsourcing projects, licensing and international reseller arrangements.

Richard Humphreys is a partner in the financial compliance section of the finance and leasing team at Blake Lapthorn. His clients include banks, independent finance institutions and manufacturer subsidiaries.

Michael James is a barrister and legal writer and lecturer. He practised at Enterprise Chambers until his retirement in 2013, specialising in international disputes. His book, Litigation with a Foreign Aspect, was published by OUP in 2009.

Siobhan Jones is a dispute resolution partner at Penningtons Manches specialising in all aspects of property related litigation; including landlord and tenant disputes, the interpretation and enforcement of property contracts and documents, property related insolvency disputes.

Keith Lewington, MA (Oxon), Solicitor, spent 25 years as a partner in a national law firm. He now practises as part of an innovative virtual law firm, Excello Law Ltd, which allows him to put into practice the practical, common-sense approach to a lawyer’s work.

Dov Ohrenstein is a barrister at Radcliffe Chambers recommended by legal directories for commercial litigation, commercial chancery and professional negligence work. Chambers UK says Dov is “a much valued counsel who is very commercial, highly responsive, and has an excellent grasp of legal issues”.

Darryl Royce was called to the Bar in 1976 and is a member of Atkin Chambers in Gray’s Inn. He advises upon and acts for parties involved in construction projects and in disputes before the Technology and Construction Court, lay arbitrators, adjudicators and mediators.

Matthew Sutton is a partner at Shakespeares. He advises on a wide range of commercial matters including major public and private sector supply and services contracts, outsourcing, joint ventures, tender documents, agency and distribution contracts, collaboration and development agreements, manufacturing and supply agreements.

Are you up-to-date with the latest changes in contract law?

This highly practical conference will identify new trends in contract law and provide you with a unique opportunity to ensure you are fully conversant with the latest cases.

Aimed at the in-house lawyer and lawyers in private practice, this conference comprises a range of sessions which focus on various elements of B2B and B2C contracts.

Bringing together expert speakers in this area and providing particular emphasis on the practical changes to contract drafting, the conference will also cover the following key topics:

Liquidated damages and service credits | Exclusion and limitation | Guarantees and indemnities | Using ADR clauses and other boilerplates to prevent litigation | Price, payment and non-performance | Mis-representation and entire agreement | Principles of remedies for breach of contract and recent developments | Public sector contract issues | B2C changes | Jurisdiction and international disputes.

ChairHelen Swaffield is a barrister with 20 years’ experience in commercial litigation. Within her practice at Harrington Law, Helen works with government bodies and leading firms of solicitors on a range of commercial and in-house projects and advice. Helen is the Editor of the Commercial Litigation Journal and the Procurement and Outsourcing Journal both published by Legalese and a regular legal commentator and broadcaster.

20 October 2014

Contract Law Update Conference


Contract Law Update Conference

9.30 Chair’s Welcome and IntroductionHelen Swaffield, Harrington Law

9.45 Liquidated Damages and Service CreditsTypes and functions of liquidated damages clauses | Types and functions of service credits | What is the test for penalties? | Relative advantages and disadvantages of liquidated damages and service credits | Drafting liquidated damages or service credits clauses: what to include and potential pitfalls.Darryl Royce, Atkin Chambers

10.30 Exclusion and LimitationIncorporation of terms | Construction of exclusion and limitation clauses | Enforceability of non-reliance clauses | Statutory control and the reasonableness test | Drafting effective clauses.Dov Ohrenstein, Radcliffe Chambers

11.00 Refreshments

11.15 Guarantees and IndemnitiesIndemnities and guarantees distinguished | Appropriate use of indemnities and guarantees in commercial transactions | Limiting liability under indemnities and guarantees | Common clauses in guarantees.Matthew Sutton, Shakespeares

11.45 Using ADR Clauses and Other Boilerplates to Prevent LitigationEscalation procedures | Dispute resolution | Severance and re-negotiation | Notices | No waiver.Helen Swaffield, Harrington Law

12.15 Price, Payment and Non-Performance Set-off against price | Payment terms and interest | Retention of title | Enforcement mechanisms. Helen Swaffield, Harrington Law

12.45 Mis-representation and Entire AgreementThe ‘entire agreement’ and parole evidence | Non-reliance provisions - do they work? | What can you exclude? | Non-reliance and rectification.Keith Lewington, Excello Law

1.15 Lunch

2.15 Principles of Remedies for Breach of Contract and Recent Developments Agreed remedies | Damages (recovery and assessment) | Equitable judicial remedies (rectification, specific performance, injunction). Siobhan Jones, Penningtons Manches

3.00 Public Sector Contract IssuesContract implications of changes to the public procurement regime | New purchasing procedures and the light touch regime for certain services | Ability to vary contracts and requirement for termination provisions | Transparency regime and Freedom of Information Act clauses | Standard form public sector contracts.Kevin Calder, Mills & Reeve

3.45 B2C Changes UK sale of goods/provision of services legislation | An update on consumer rights and the remedies available to a consumer under this legislation | Distance Selling Regulations - an update | Unfair contract terms legislation | Consumer Protection from Unfair Trading regulations | The Consumer Rights Directive | B2C Contracts | Civil/criminal case update.Richard Humphreys, Blake Lapthorn

4.15 Jurisdiction and International DisputesLaw and jurisdiction clauses - getting them right | Ms X vs. Rothschild - are unilateral non-exclusive clauses invalid? | International jurisdiction in contract cases | Contesting jurisdiction: the new rules after January 2015 | Governing law - how far does Rome I go?Michael James, Barrister

4.50 Chair’s Concluding Remarks and Questions

9.00

5.00

16


Manchester 9 Sep pm Birmingham 29 Sep pm London 21 Oct pm


The deal is done and completion documents are ready, but you are not home and dry. It is surprising how often last minute hitches and queries arise and you need to be equipped to advise your client with confidence. This course provides a comprehensive guide for all commercial practitioners on the signing and execution of documents. It reviews recent guidance and cases and explains some of the more challenging situations that you will have to deal with in practice.• Can one director sign for several entities? • Electronic signatures • Counterparts • Execution blocks (deeds and under hand) • Power of attorney • Land Registry guidance • Completion meetings (other than in person) and Law Society guidance on virtual signing • Amending documents pre and post execution • The Mercury case • Rule in Pigot’s case and Raiffeisen Zentralbank Osterreich AG • Williams & Others vs. Redcard Ltd & Others; Garguilo and Ors • Warranties for authority • Dealing with absence of authoritySpeaker: Helen Swaffield is a barrister with 20 years’ experience in commercial litigation. Within her practice at Harrington Law, Helen works with government bodies and leading firms of solicitors on a range of commercial and in-house projects.


This course provides a practical review of ‘commercial torts’, explaining how non-contractual liability can arise in a range of different scenarios. It explores emerging causes of action and explains how commercial remedies are developing.Topics covered include:• Professional negligence and breach of statutory duty update • Fraudulent misrepresentation in shares and assets sales • Economic torts, and passing off • Interference with goods • the extension of commercial torts and the ‘special relationship’ • fraud, mis-selling and financial wrongdoing • Damages update including economic loss • Procedural issues – limitation, contributory negligence and evidenceSpeaker: Helen Swaffield is a barrister with 20 years’ experience in commercial litigation. Within her practice at Harrington Law, Helen works with government bodies and leading firms of solicitors on a range of commercial and in-house projects.

Leeds 2 Oct London 17 Oct



NEW Executing Documents: How to Get it Right First Time

NEW Commercial Torts and Remedies: A Practical Guide




London 15 Sep

The increased regulation of businesses and professional bodies continues to provide new opportunities for lawyers and, with clients’ livelihoods and reputations at stake, it is important to be properly equipped to give advice. This course is an introduction to disciplinary and regulatory proceedings aimed at lawyers from a contentious background which will also provide a useful refresher for those with more experience in the field. It may also be of interest to practitioners representing sporting professionals. It examines the process from the investigation through a fair hearing to the final decision, providing an overview of this complex and growing area.Topics covered include:• The Specialist Tribunal - procedure and standard and burden of proof • The written allegation - in time giving adequate notice and in sufficient detail? • Registration of professionals • The appropriate standard • The scope of the professional duty • Experts and their obligations as professionals • Preparing for the hearing • Presenting the case to the tribunal • The role of the legal assessor • Sanctions • The contents and nature of the decision • Challenging the decision - Judicial Review and Statutory Review • Other proceedings and double jeopardy • Recent case law and developments.Speaker: David Travers QC practises Regulatory law from 6 Pump Court, awarded “Health and Safety Chambers of the Year 2013”. He is recommended in both independent guides to the legal profession as a leading barrister in consumer law, health and safety and environmental law.


London 3 Oct am Leeds 17 Oct am


The Companies Act 2006 codified and clarified many of the existing tools with which shareholders could seek to influence the management of a company - derivative claims, representative claims and ‘just and equitable’ winding up petitions. This course, which is aimed primarily at commercial litigators, will focus on the legislation and on its practical consequences, examining relevant procedure and recent case law.The course will cover:• The rule in Foss vs. Harbottle and the proper claimant principle • Derivative claims under Companies Act 2006 • Personal actions by shareholders for breach of individual rights, the problems with such actions and the ‘reflective losses’ principle • ‘Ebrahimi factors’ and their relevance to petitions under Companies Act 2006 • The ‘just and equitable’ winding up jurisdiction and the relation between s.994 petitions and petitions under the Insolvency Act 1986Speaker: Martin Reynolds is a senior solicitor at Barrett & Co in Reading where he advises on a broad range of commercial and corporate matters including corporate/commercial disputes and insolvency.


Disciplinary and Regulatory Proceedings: Enforcing Professional Duties and Obligations

Shareholder Claims: An Introduction


18Central LondonFees: £415 + VAT CLT Members/£525 + VAT Non-Members

SpeakersChristine Braithwaite is the Director of Standards and Policy at the PSA. She was previously Head of Investigations and Enforcement at the Care Quality Commission and headed the Healthcare Commission’s healthcare infection inspection programme. She also worked for the Parliamentary and Health Service Ombudsman.Kenneth Hamer is a barrister and recorder of the Crown Court. He is a member of the prosecuting panel of the Bar Standards Board, former chairman of the Appeal Committee of the Chartered Institute of Management Accountants, and a legal assessor to the GMC, NMC and GDC. He is the author of Professional Conduct Casebook, published by Oxford University Press, March 2013.Vikram Sachdeva is a leading junior barrister recommended in the legal directories for administrative and public law, regulatory and disciplinary law, and court of protection. Vikram taught law at Cambridge and is also a qualified doctor. Legal directory comments include: “A great advocate who can think fast on his feet” and “Extremely clever”.Tim Spencer-Lane is a lawyer at the Law Commission. He was in charge of the Commission’s three year review of the regulation of health and social care professionals regulation. The final report and draft Bill were published in April 2014. Tim was also in charge of the Law Commission’s review of adult social care law which formed the basis of the Care Act 2014. Anupama Thompson was called to the Bar in 1994 and spent many years in private practice at the Criminal Bar before joining the NMC in 2008 as a case presenter. She went on to lead the appeal work at the NMC, appearing in many of the NMC’s leading cases. She is now responsible for the NMC’s in house legal team, overseeing all aspects of the team’s work and has been closely involved in the implementation of consensual panel determination at the NMC.Katrina Wingfield is a solicitor advocate with higher rights of audience in civil courts. She has acted for a number of professional regulatory bodies over a period of 35 years, undertaking the investigation and preparation of fitness to practise cases, advocacy before committees/tribunals and advising on appeals and judicial reviews. She is a panel solicitor for the SRA.

This conference, devoted specifically to the regulation of healthcare professionals, is designed to keep those working in the field abreast of recent developments and to provide a glimpse of the most significant reforms proposed by the joint Law Commissions in their final report and draft Regulation of Health and Social Care Professions Bill, published in April 2014.

Expert speakers include a leading member of the Law Commissions’ team responsible for the healthcare regulatory project, Tim Spencer-Lane, and the Professional Standards Authority’s Director of Standards and Policy, Christine Braithwaite, along with regulators and expert legal practitioners.

Chaired by Joanna Glynn QC, the speakers will address issues of significant practical application, including the ever-popular case law update from Kenneth Hamer, author of the Professional Conduct Casebook.

Whether you are a regulator or you act for registrants, this is a conference not to be missed.

ChairJoanna Glynn QC has extensive experience of professional regulatory and disciplinary work, acting for practitioners and for most of the health care regulators since the mid 1990s. She has been ranked as a leading silk (band 1) in the Chambers Directory for professional discipline for many years. She is co-author of Fitness to Practise: Health Care Regulatory Law, Principle and Process (Sweet and Maxwell 2005) and The Regulation of Healthcare Professionals: Law, Principle and Process (2012).

24 September 2014

Regulation of Healthcare Professionals Conference 2014


9.00 Keep abreast of current law and practice and consider the future regulatory landscape

5.00

9.30 Chair’s Welcome and IntroductionJoanna Glynn QC, 1 Crown Office Row

9.45 The Joint Law Commissions’ Final Report and Draft BillThe proposed single statutory framework for all the UK health care regulators and the PSA | The proposed statutory grounds of impaired fitness to practise and procedures for investigating allegations | The proposals for a consistent framework for fitness to practise adjudication.Tim Spencer-Lane, Law Commission

10.45 Progressing Cases without a Contested Hearing: In Whose Interest?Non-substantive cases | Substantive cases - meetings and CPD | Impediments and benefits.Anupama Thompson, Nursing and Midwifery Council

11.30 Refreshments

11.45 Dishonesty: From Fraud to the Little White LieAre there different levels of dishonesty? | How is dishonesty viewed by different professions? | How is dishonesty treated by the Court?Katrina Wingfield, Penningtons Manches

12.30 Judicial Review in Healthcare RegulationProcedural aspects | Grounds of Review | Remedies | Funding.Vikram Sachdeva, 39 Essex Street

1.15 Lunch

2.15 Case Law RoundupSummary of leading cases 2013-14 | Analysis of important healthcare decisions | Easy-to-follow A-Z format.Kenneth Hamer, Henderson Chambers

3.15 Refreshments

3.30 The Professional Standards Authority for Health and Social Care: Reform of the Authority’s RoleChristine Braithwaite, Professional Standards Authority

4.15 Regulation of the Healthcare Professions and the Business ContextThe current provisions | Issues raised where professionals are working in commercial healthcare | A need for reform? | The Joint Law Commissions’ proposals.

Joanna Glynn QC, 1 Crown Office Row


Regulation of Healthcare Professionals Conference 2014

20


Leeds 17 Sep, 19 May London 29 Oct, 12 May Birmingham 24 Sep Belfast 4 Nov Bristol 1 Oct Manchester 22 Oct


This course will focus on developments in professional liability, including both negligence and contractual liability, as reflected by appellate court case law over recent years.You will gain an understanding of professional liability, the duty of care, the standard of care, causation, loss of chance, and limitation in a number of professions, with a particular emphasis on solicitors’ and barristers’ liability, but including some coverage of surveyors, accountants’ and insurance brokers’ claims. A large number of the principal cases in this complex field shall be discussed. There will also be a practical session focusing on a recent case that raises many issues covered in the course. Finally, delegates will receive an insight into the implication for professional liability practitioners of the Jackson reforms, Mitchell vs. News Group Newspapers [2013] EWCA Civ 1537 and subsequent cases.Speaker: Laurence Page is a commercial barrister at Hardwicke with particular specialisms in professional liability, insurance coverage and construction disputes. In his professional negligence practise, Laurence has a wealth of experience bringing and defending high-value and complex actions against solicitors, financial services professionals, surveyors, accountants, actuaries, insurance brokers and architects. Laurence previously worked as an employed barrister at a leading city law firm and has been seconded to a major insurer.


Bristol 16 Sep London 21 Oct Manchester 29 Oct


This course is aimed at litigators who are new to, or looking to expand their practice into, professional negligence and will also be a useful refresher for those returning from a career break. It examines the key issues in law and practice that will be relevant to practitioners, whether they act for claimants or defendants and delegates will be given the opportunity to apply these issues in a case study. The course will look at:• The basis of the duty of care - when does it arise? • Examples of the standard of care - how is it measured? • The ‘reasonably competent’ test explained • The standard of care as it applies to solicitors, surveyors, accountants etc, • Causation and remoteness • Measuring the loss - how the court quantifies the claim in damages • Contributory negligence and contribution • Limitation • Pre-action conduct • Working with experts • Negotiation of a settlement including Part 36 • MediationSpeaker: Andrew McLoughlin, Solicitor, has been granted Higher Rights of Audience for civil and criminal proceedings and sits as a recorder in the Crown and County Courts. Andrew has been described by a previous delegate as ‘an extremely erudite and knowledgeable gentleman with a sharp sense of humour. An absolute joy to learn from. Truly outstanding’.


Professional Negligence Update Professional Negligence Claims - Pursuing and Defending




London 22 Oct, 17 Mar

This course reviews the most common difficult issues in insurance law including what entitles insurers to avoid insurance, how far the duty of good faith continues and the construction of warranties and the effect of their breach.Topic covered include:• When are insurers entitled to avoid insurance? • How far is there a continuing duty of good faith? • What if insurers are in breach of their duty of good faith? • Construing warranties and the effect of breach • Construing conditions precedent and the effect of non-compliance • When can insurers be said to have waived their rights? • When can insurers be estopped from relying on their strict rights? • Differences between insuring on joint and composite basis • Differences between insuring on a claims made and losses occurring basis • Raising fraud in insurance claimsThis course will include a practical case study which will involve some of the issues considered above.Speaker: Alison Green is a barrister at 2 Temple Gardens. Alison specialises in insurance and reinsurance law. She is Vice President of the British Insurance Law Association and on the advisory panel to the Law Commission in relation to its review of insurance contract law.


London 15 Oct, 5 Mar


This course, which includes a practical case study, provides a useful introduction to the key principles of insurance law including:• Key concepts in insurance, such as good faith and indemnity • Formation of the standard insurance contract, considering proposal forms and policies • Formation of the insurance contract in the London insurance and reinsurance market, considering traditional documentation and documentation following market reform • How Lloyd’s work • Construing insurance policies • Effect of important insurance terms, such as warranties and conditions • Insurers’ entitlement to avoid insurance for material non-disclosure and misrepresentation • Resolution of disputes through the Financial Ombudsman Service, the Courts or alternative dispute resolution, such as mediationThis course will include a practical case study which will deal with problems which frequently arise in insurance disputes.Speaker: Alison Green is a barrister at 2 Temple Gardens. Alison specialises in insurance and reinsurance law. She is Vice President of the British Insurance Law Association and on the advisory panel to the Law Commission in relation to its review of insurance contract law.


10 Tricky Points in Insurance Law Insurance Law: A Practical Introduction


22


London 16 Oct pm Birmingham 21 Oct Leeds 23 Oct London 29 Oct


This is a highly practical, problem-solving workshop which is essential for all litigators whose caseload has an international dimension. In particular it will bring them up to date with the significant changes to jurisdiction rules coming into force on 10 January 2015, when the recast Brussels Regulation will be applied. It is a comprehensive guide to litigation with a foreign element, from conflict of laws and disputed jurisdiction through service of proceedings to enforcing judgments overseas. As well as teaching the legal issues, Michael James provides down-to-earth solutions for tricky areas of practice such as how to serve proceedings overseas and how to sue in a foreign currency.The workshop will cover:• The international background • Practical forum shopping • Jurisdiction clinic • Attacking jurisdiction • Interim relief and enforcement • Cross border insolvency • Foreign judgments • Service abroad and other practical issues • Foreign lawSpeaker: Michael James is a barrister who retired last year after many years’ practice at Enterprise Chambers. His practice covered commercial and insolvency litigation, with an emphasis on international disputes and commercial contracts. Michael is the Author of Litigation with a Foreign Aspect: A Practical Guide (published by OUP).



This half day course explains the circumstances in which adjudication can be used as a form of dispute resolution, the procedures to be followed and the steps to be taken in relation to the enforcement of a decision. It is presented by Darryl Royce of Atkins Chambers who, as well as advising clients in connection with arbitration proceedings, has experience of sitting as an arbitrator. The emphasis will be on the avoidance of common pitfalls and the tactical ploys which tend to be a feature of this form of dispute resolution.The course will look at:• The “Golden Checklist” of conditions precedent to the right to adjudicate • The notice of adjudication • Appointment of the adjudicator • Referral notice • Jurisdictional challenges • Enforcing or challenging a decision • Enforcement procedure • Financial status – effect of insolvencyIt is intended to provide a guide to current adjudication practice following the amendments to the Housing Grants, Construction and Regeneration Act 1996 made by the Local Democracy, Economic Development and Construction Act 2009.Speaker: Darryl Royce is a member of Atkin Chambers. He advises and acts for parties involved in construction projects, including regular appearances before Technology and Construction Court, lay arbitrators and mediators.


Tackling Litigation with a Foreign Element Adjudication: A Practical Guide



Leeds 22 Sep London 26 Sep

Banks and financial services providers have recently been the focus of the media, regulators and the Law courts; the FCA estimates that more than 40,000 interest rate swaps were mis-sold to SMEs in the past decade. This course is aimed at litigators pursuing claims for the mis-selling of complex financial products and the manipulation of LIBOR. It explains what the products are, how and why they might be mis-sold or manipulated and what the effect is. It is ideal for those who do not have a financial background. No previous knowledge is required.Topics covered include: • Overview of the banking industry: global financial markets, the major products and how they interact, exchange traded vs. OTC markets, financial services regulation • Interest Rates - where do they come from?: Base rates – governments, Short term rates - money market, long term rates - government bond markets • LIBOR: What is it and who uses it? How is it calculated? LIBOR manipulation, Who is likely to be affected? Examples - trading profits, loan mis-pricing, the new LIBOR schedule - does this solve the issues? • Market instruments: yield curves/bonds/swaps explained, derivatives - futures, options and swaps, risk management products or dangerous speculative instruments? Structured Products - structured for banks or for clients? Interest rate swaps for SMEs, How have these been potentially mis-sold? Examples and applications • Tips for instructing expertsSpeaker: Derek Taylor has had a long career in finance/treasury in London and New York. He is an associate of the Institute of Bankers, a member of the ACI, the Financial Markets Association (Forex) and a member of the Society of Technical Analysts.



London 28 Oct pm

Fraud is big business – for both fraudsters and lawyers – and ordinary commercial disputes increasingly involve claims for fraud and misrepresentation. Get up to speed with the latest developments and remedies for your clients. This very practical course offers solutions to some of the more tricky issues you will come across.• Deceit in commercial disputes: BSKYB v EDS (2010) • Negligent misstatement or Misrepresentation Act 1967? • Breach of fiduciary duty • Advantages of trust claims • Bribery • Fraud and crime • Pleading fraud • Unlawfully obtained evidence – Jones v Warwick • Self incrimination • Enforcement and remedies • Gains based and punitive damages • Tracing and other equitable relief • Breaking the corporate veil and trust busting • Freezing orders: making them work – the JSC BTA Bank cases • The International Element • Making the most of English jurisdiction • Forum shopping • Disputing jurisdiction - Fiona v Primalov • International enforcement.Speaker: Michael James is a barrister who retired last year after many years’ practice at Enterprise Chambers. His practice covered commercial and insolvency litigation, with an emphasis on international disputes and commercial contracts. Michael is the Author of “Litigation with a Foreign Aspect: A Practical Guide” (published by OUP).



NEW Financial Mis-selling: Understanding Structured Products and LIBOR

Civil Fraud and Misrepresentation: What You Need to Know


24


Manchester 6 Oct London 17 Oct


Speaker: Martin Berkeley is a Chartered Member of Investment and Securities Institute and an expert on investments, derivatives and private banking. Martin has advised in many mis-selling cases and has been widely quoted in the media on interest rate swap mis-selling. Martin is authorised by the FCA to advise on derivatives and regularly advises both commercial and private clients.Or John Virgo is a barrister specialising in high-value financial product mis-selling litigation. He has appeared in all the leading mis-selling cases, including a group pension mis-selling action (Cocking vs. Prudential); on behalf of Equitable Life’s trapped annuitants (Abeles and Others vs. Equitable Life Assurance Society); he acted for investors into the AIG Enhanced Variable Rate Fund who suffered substantial losses following its collapse (Rubenstein vs. HSBC Bank); and acted for a number of high net worth individuals and businesses in relation to the mis-selling of interest rate hedging products (Rowley and Green vs. Royal Bank of Scotland and Graiseley Properties vs. Barclays Bank plc).

Masterclass | 6 hours CPD

Masterclass

NEW Masterclass in UCIS Mis-Selling Claims

Following a string of mis-selling scandals, the FCA has now turned its attention to unregulated collective investment schemes (also known as Non-Mainstream Pooled Investments), worth an estimated £2.5billion in the UK. These high risk schemes are often volatile and illiquid and can involve using derivatives to expose clients to exotic assets such as films, fine wines, traded life policies, speculative instruments and property. UCIS fall outside the Financial Services Compensation Scheme, are not authorised by the FCA and are inherently unsuitable for your average man in the street.As a result of their concerns the FCA introduced a ban on the marketing and sales of UCIS to all but the most sophisticated investors in January 2014.Investors’ losses in schemes such as the Eclipse partnerships can run into many times the original value of the investment and look set to lead to a number of high value mis-selling claims.This masterclass is presented by leading financial services barrister, John Virgo, who acted in key recent mis-selling case Graiseley Properties v Barclays Bank Plc and derivatives and investment expert Martin Berkeley.It is aimed at litigators bringing and defending professional negligence claims for mis-selling of UCIS/NMPIs. It will examine:• What are UCIS/NMPIs? • The historical and current regulatory regime that applies to UCIS and NMPIs • Formulating claims • Avenues of redress • Calculating loss • Defences available

Hot Topic


Contentious probate is an expanding area of practice. This course equips practitioners to advise personal representatives, beneficiaries and potential claimants with confidence and is equally suitable for contentious and non-contentious probate practitioners and civil litigators who seek a greater understanding of the issues involved. It will include a review of developments and relevant case law over the last 5 years, a consideration of preparation of cases, and practical obstacles and how to overcome them.The course will cover:• The probate jurisdiction of the court • Issues as to formal validity of wills: testamentary intention and due execution • Probate claims based upon testamentary incapacity, want of knowledge and approval, undue influence and forgery • Interest claims • Evidence • Practice and procedure in probate claims • Costs in contentious probate claimsSpeaker: Luke Harris is a barrister practising at 3 Stone Buildings. Luke has a wide-ranging commercial chancery practice with a particular emphasis on claims involving chattels and bailment, trusts, contentious probate, the administration of estates, claims under the 1975 Act and property including constructive trusts and proprietary estoppel.

Leeds 8 Oct Birmingham 22 Oct Manchester 29 Oct London 30 Oct



Birmingham 16 Sep Leeds 23 Sep London 28 Oct


This course provides an introduction to intellectual property disputes. It is aimed at in-house Counsel who need to understand how to manage IP disputes and also at litigators who are looking to develop their IP practice. IP “Associate to Watch” Martin Noble will identify how disputes arise and how to assess the strength of your own or an opponent’s position. It will also assist in formulating a strategy for dealing with the dispute. Delegates will have the opportunity to work through practical case studies in order to see how IP law works in the real world. Topics covered include:• Assessing IP rights, their ownership and validity • Pre-action and interim relief, including pre-action disclosure, Norwich Pharmacal orders and interim injunctions • Letters before action • ADR • Issue of proceedings and statements of case • Disclosure, witness statements • Expert evidence • Inquiry as to damages/account of profits • Trial • CostsSpeaker: Martin Noble is a legal director of Shakespeares Legal LLP. Martin has managed IP disputes across jurisdictions, in the English High Court, the Intellectual Property Enterprise Court and through ADR. He also advises on IP aspects of commercial deals and exploitation of rights. Martin is rated by Chambers 2014 as an ‘Associate to Watch’ for Intellectual Property and described as “excellent in every respect.”


Contentious Probate: Current Issues and Problem Areas for Practitioners

Understanding and Managing Intellectual Property Disputes


26


London 21 Oct, 23 Apr Manchester 23 Oct Leeds 21 Apr


This course will equip private client practitioners and experienced litigators with a comprehensive but practical understanding of claims under the Inheritance (Provision for Family and Dependants) Act 1975 and other causes of action often deployed to acquire an interest in an estate. It will also cover actions PRs may bring against third parties and the resolution of administration disputes with beneficiaries and an in-depth discussion on costs, concentrating on the special rules and categories used by the Courts in estate litigation, with particular emphasis on the various steps that should be taken with a view to protecting the client’s position on costs.Attendance on this course will concentrate on recent interesting cases, which will leave you confident that your knowledge is up-to-date. The course will cover:• Claims under the Inheritance (Provision for Family and Dependants) Act 1975 • Proprietary estoppel • Constructive trust claims over land • Undue influence • Mutual wills and secret trusts • Rectification and Construction • Administration actions, disputes over accounts and removal of PRs • Practice, procedure and costsSpeaker: Edward Hewitt is a member of 3 Stone Buildings. He practices in a range of Chancery areas specialising in trusts and estates, both from an advisory and litigious perspective as well as real property and insolvency.


London 16 Sep, 2 Feb Manchester 4 Feb Leeds 30 Sep Birmingham 14 Oct Plymouth 30 Oct


Contentious probate and will disputes are increasing year on year. Other litigation work is being squeezed by LASPO , the increase in the Small Claims limit and the removal of legal aid in other areas. This course is designed for litigators who wish to develop their knowledge in this field and enable them to start to build a practice in an area which is both interesting and challenging in equal measure.The course will cover both legal and practical issues:• Different types of claim • Probate and intestacy • Standing searches, caveats, warnings and appearances • Challenging a will • Inheritance Act claims: factors to consider, pre-action steps, the effect of prenuptial agreements, dispositions intended to defeat claims • Cost and case management • When to mediate and when not to? • Costs: usual rules and exceptions, Part 36 offers and conduct of partiesSpeaker: Richard Land is a partner with Owen White and Catlin LLP and head of the litigation department dealing with contentious probate and other claims. He has extensive experience in dealing with Inheritance Act claims and possession claims on behalf of executors.


1975 Act and Other Claims Against PRs Contentious Probate and Will Disputes: Developing Your Knowledge



London 18 Sep pm, 27 Apr pm


This course provides a practical and informed review of the landscape of consumer credit law. You will gain an understanding of how to both challenge and defend regulated agreements. The course will focus on:Where are we now?• The meaning of ‘credit’ • What constitutes ‘enforcement’ • Default fees • Interest rates • Default notice errors • Conduct of CMC litigation, including costs liabilities in unsuccessful cases • Consumer Credit Directive changesHot topics for the litigator• Unfair relationships/PPI cases • OFT irresponsible lending guidance/FAO’s • The Consumer Regulatory Reform Consultation • The Financial Conduct Authority • SRA approach to ‘CMC’ litigationSpeaker: Richard Humphreys is a partner in charge of the litigation section of the finance and leasing team at Blake Lapthorn. His clients include banks, independent finance institutions and manufacturer subsidiaries.


London 9 Oct Leeds 14 Oct Birmingham 30 Oct


This is a time of considerable change and development in Consumer Law. The implementation of the Consumer Rights Directive heralds changes for all those providing goods and services, whether the contract is made on or off premises or at a distance. The demise of the Office of Fair Trading has also led to changes in the regulation of many activities. It is vital that practitioners advising retailers and manufacturers are up to date to avoid civil law, criminal law and regulatory problems and this course will explain the changes and other developments in consumer law.Topics covered include:• Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 • Payment Surcharges Regulations • Abolition of OFT • Consumer Protection from Unfair Trading Regulations 2008 • Business Protection from Misleading Marketing Regulations 2008 • Undertakings and enforcement orders under the Enterprise Act 2002Speaker: Deborah Parry is a freelance consumer law author and lecturer. She is Honorary Fellow of the Law School, University of Hull where she was a Senior Lecturer for 15 years. Deborah has contributed to programmes on Channel 4 (Dispatches), BBC (Panorama, Watchdog, Watchdog Daily and Your Money Their Tricks) and BBC Radio 4 on consumer topics. She edits and contributes to Butterworths Trading and Consumer Law and has written a number of leading texts and a wide range of legal papers on consumer law topics.


Consumer Credit Litigation: The Changes NEW Consumer Law Update 2014


28


Newcastle 10 Sep Manchester 12 Sep Birmingham 14 Oct London 16 Oct


This course has specifically been designed for those who are stepping into the role of legal aid supervisor or deputy for the first time. The course has been written with the demands upon supervisors under the SQM and legal aid contracts in mind, and explains the role of the legal aid supervisor and the management skills needed to be effective.Course content:• It meets the generic requirements for supervisor status on page 1 of the LAA Supervisor Form • Meets the requirements of the 2015 own and duty crime contracts • Covers supervision requirements in the 2013 legal aid contract • Covers SQM 2013 and Lexcel 5 requirements for supervision and file review • Practical supervision - day to day techniques for better file compliance • Hints and tips for dealing with legal aid audits • Building relationships and credibility • Time management.Outcomes focused regulation makes the effective running of the firm a matter of professional conduct. It requires effective systems for supervision, risk management and delegation, and expects training to ensure the competence of all personnel in performing their duties. This course will help you meet this requirement.Speakers: Vicky Ling, BSc MPhil, is a specialist legal aid consultant, member of the Low Commission and formerly managed a CAB, a law centre and a housing advice centre, as well as implementing the then Legal Aid Board’s quality assurance standard.Matthew Moore is the Director of Consultancy Services with Infolegal Ltd – specialist compliance and practice management advisers to the legal profession – and is also a consultant solicitor with the regulatory specialists Jayne Willetts & Co.


Manchester 12 Sep London 19 Sep


The licensing of various activities continues to develop and this update will examine the changes that have occurred over the last year and those that are proposed in coming months. In particular, we look at the amendments to the Licensing Act 2003, the effect of the first few months of EMROs and the Late Night Levy as well as proposals for local fee-setting by local authorities and the charges that can be levied by the police for their services. Other licensing regimes, such as those for scrap metal dealers and mobile home sites will also be touched upon. This update will be of use to both local authority and private sector lawyers alike, particularly those with clients in the hospitality trade.Speaker: Jon Payne is a dual qualified barrister and solicitor with licensing practice Horsey Lightly Fynn, who have offices in Bournemouth, Oxford and London. Previously a local authority licensing manager, he now represents a wide range of licensing clients that include restaurants, public houses, clubs, major tourist attractions, festivals and a number of local authorities. He has been recognised as a leading individual by both the Chambers Guide to the Legal Profession and the Legal 500 and is a regular speaker on licensing topics throughout the country.


Legal Aid Supervision: An Introduction Licensing Update 2014



Birmingham 10 Sep pm Manchester 17 Sep pm London 24 Sep pm


A recent ONS survey showed that 15% of respondents had suffered a high level of anti-social behaviour in the past 12 months and 81% perceived that anti-social behaviour had increased. The Anti-social Behaviour, Crime and Policing Act 2014 has recently been enacted with the aim of introducing simpler and more effective powers to tackle anti-social behaviour. This course will be of interest to local authority lawyers, housing practitioners and in-house lawyers at housing associations. It looks at existing legal remedies and examines the new legislation.Topics covered include:• Landlord liability for nuisance tenants • Existing legal remedies • Anti-social behaviour orders (ASBOs) • Injunctions (including sentencing guidelines on committal for breach and disability discrimination and injunctions) • Eviction • Injunctions to prevent nuisance and annoyance • Absolute ground for possession (secure and assured tenancies) • Criminal behaviour orders • Community protection notices, public spaces protection notices, closure notices and orders, dispersal powers - a community triggerSpeaker: Desmond Kilcoyne was called to the Bar in 1990 and specialises in property and housing law. He has extensive experience acting for local authority clients in social housing cases and is a regular contributor on property and housing matters in the Sunday Times, Home Section.


Anti-social Behaviour Update and the New Act


London 22 Sep Newcastle 30 Sep Birmingham 7 Oct


This course deals with possession of residential property under both tenancies and mortgages and in situations where the interest may not be so clearly defined (eg squatters and licensees). Since the 1950s and 1960s when there were many cases involving unscrupulous landlords there has been a complete change in the relationship of landlord and tenant with the landlord now having to incur time and fees to obtain vacant possession. The penalties for failing to use procedures can result in criminal as well as civil liability.This course also looks at repossession by mortgagees where the Courts expect the parties to have explored all options before the case comes to court. The pre-action protocol sets out rules which the Courts expect to see have been followed. Whatever the reason for possession the procedures can be a trap for litigators as they have their own rules and do not always operate in a similar manner to other Court procedures. Whilst this course is primarily aimed at those who have little or no knowledge of possession proceedings of residential property, it will serve also as a useful update for those who may deal with these on a more regular basis.Speaker: David Smith is a solicitor specialising in the landlord and tenant team at Anthony Gold Solicitors. He speaks and writes extensively on landlord and tenant and housing matters.


Possession of Private Residential Premises

30


Personal Injury Law and Clinical Negligence


London 27 - 28 Oct

Accredited by APIL TrainingThis is a structured two day course designed for those practitioners wishing to gain a good practical grounding in this field. It is suitable for trainees, newly qualified solicitors and paralegals who have had little or no grounding at the academic stage, for those returning after a career break and those wishing to change specialisms.The course will include:• Grounds for Personal Injury liability - Road Traffic accidents - Accidents at work - Occupiers Liability - Children - Claims for psychiatric injury • Statements of Case - Analysing fact, evidence and law - Preparation of particulars of claim and a case study workshop • Pre-action protocols • Funding - Conditional fee arrangements

• Part 36 offers • Issuing court proceedings • Small, fast and multi track claims • The effective use of allocation questionnaires • Interlocutory matters • Disclosure - lists of documents • Selecting and instructing expert witnesses • Quantum - Heads of damage - Schedules of loss • Preparation for trial - Witness statements - Expert evidenceSpeaker: Francis Treasure is a member of Chambers at 42 Bedford Row, London, where he practises in common law, specialising in professional negligence and personal injury.


Certificate in Personal Injury




Manchester 1 Oct Cardiff 16 Oct Newcastle 6 Oct Peterborough 17 Oct London 9 Oct Plymouth 23 Oct Birmingham 15 Oct

This course will provide you, as a busy personal injury practitioner, with a comprehensive update and some suggestions for an innovative approach to personal injury litigation. It will provide greater awareness of current authorities in the Supreme Court and Court of Appeal and the changing landscape on public policy. The course will also look at practical solutions for practitioners and doing the best for your client. You will gain a working knowledge of the Ogden Tables and issues relating to life expectancy.The course will include an overview of:• Essential Procedural Updates • Service • Part 36 • Admissions • EL Regulations • Work Equipment • Construction Regulations • Employers Liability • Vicarious Liability • Protection from harassment • RTA • Insurance Issues - Road Exclusions Pleading fraud • General Liability Issues • Occupiers Liability • Public Liability • Suicide • Criminal Liability for Accidents at Work • Illness and Disease • Pleural Plaques • Asbestos • Funding • CFA’s • Quantum Update.Speaker: Pankaj Madan is a personal injury and clinical negligence barrister practising from Exchange Chambers, Leeds and 12 King’s Bench Walk, London. He sits as a deputy district judge.Or John-Paul Swoboda Barrister, specialist Personal Injury Counsel at 12 King’s Bench Walk, London.


Personal Injury Update 2014

Accredited by APIL TrainingThis course addresses key liability issues and common themes in occupiers’, public and employers’ liability scenarios.The course will enable PI practitioners to improve their knowledge of the legal principles and their application through a review of recent case-law and analysis of public policy indicators. We will consider the common law and statutory liability of occupiers, highway authorities, employers and others for negligence by reference to the specific allegations which might be made and the defences available. Case-studies and exercises will bring the topics to life and give an interactive dimension to the course. It will include:• Occupiers’ liability for different premises and the different requirements • Comparing and contrasting the OLA Statutes 1957 and 1984 together with recent case law • The defences available • The imposition of responsibility and liability upon Highway Authorities including a review of relevant law and case law • The employer’s statutory liabilities including a review of the relevant regulations and case law • The employer’s liability to others for the deliberate wrongdoing of employees including assault cases • Current trends and case law update.Speaker: Andrew McLoughlin, Solicitor, has been granted Higher Rights of Audience for Civil and Criminal proceedings and sits as a recorder in the Crown and County Courts. Andrew has been described by a previous delegate as ‘an extremely erudite and knowledgeable gentleman with a sharp sense of humour. An absolute joy to learn from. Truly outstanding’

Bristol 11 Sep Manchester 12 May Leeds 3 Oct Newcastle 13 May London 20 Oct, 14 May Birmingham 24 Oct



Occupiers’, Employers’ and Public Liability

32


Birmingham 8 Oct pm Bristol 9 Oct pm London 22 Oct pm Leeds 23 Oct pm


Accredited by APIL TrainingThe past couple of years have presented significant challenges for personal injury practitioners. Those who survive and prosper post-LASPO are adapting their practice and developing new specialisms. This course gives a general personal injury practitioner an explanation of industrial disease work and will demonstrate how to add new skills and value to your professional practice.Topics covered:• Mesothelioma and other lung disease claims • Noise induced hearing loss • Work related upper limb disorders • Occupational stress • Pitfalls to avoid • Limitation – trips and tips • Establishing breach of duty • Multiple defendants • Dealing with the Portal • Implications of the Jackson reformsSpeaker: Gareth Shires has a busy personal injury practice acting for both defendants and claimants. His practice encompasses multi-track litigation including significant injury, industrial disease and clinical negligence matters. He also undertakes all aspects of fast track work.


NEW Industrial Disease - Developing your Skills


London 23 Sep Birmingham 25 Sep


Accredited by APIL TrainingThis course, which is presented by renowned defendant insurance litigator Mariel Irvine, will examine public and employer’s liability assault claims arising in various contexts including:• Care homes • Schools and colleges • Pubs and nightclubs • Prisons • PoliceIt is suitable for both claimant and defendant lawyers and will examine:• Elements of the cause of action • Defences • Documentary evidence including risk assessments, protocols and procedures • Witness statements • European convention issues • Relevance of new Civil Procedure Rules • Implications of trial by jury • Quantum, including aggravated and exemplary damagesYou will be given the opportunity to apply your knowledge to a case study.Speaker: Mariel Irvine was a partner in a leading City insurance firm and now heads a boutique firm advising insurers and the police on a broad range of issues. She defends their civil actions, judicial review proceedings and also claims under the Human Rights, Equality and Data Protection Acts.


Assault Claims in Personal Injury



London 8 Oct pm Birmingham 16 Oct pm


Accredited by APIL TrainingThis course, which is presented by leading defendant insurance lawyer Mariel Irvine, provides an essential guide to bringing and defending claims for bullying and harassment at work. It explains the key elements of a claim and examines how the choice of forum impacts on an action. It will also review recent case law and give delegates the opportunity to apply their knowledge in a case study.Topics covered include:• Elements of the cause of action for bullying and harassment under the Protection of Harassment Act 1997 • Standard of proof, nature and extent of damage and limitation period • Overlap between negligence of employer and its vicarious liability for employees under the Act • Choosing to bring a claim in the Employment Tribunal and how that impacts on subsequent court proceedings • Investigating the allegations and relevance of grievance and disciplinary documents and medical records • Quantum in the Employment Tribunal vs. quantum in the courts • Medical evidence in stress at work cases • Review of recent cases • Case study Speaker: Mariel Irvine was a partner in a leading City insurance firm and now heads a boutique firm advising insurers and the police on a broad range of issues. She defends their civil actions, judicial review proceedings and also claims under the Human Rights, Equality and Data Protection Acts. She is recommended by Chambers 2014 which reports that clients describe her as ‘skilled at assimilating complexity and able to brief others in understandable language.’

Bullying and Harassment Claims: A Guide for PI lawyers Intermediate | 3 hours CPD

London 16 Sep , 12 May Manchester 17 Sep , 13 May Exeter 23 Sep


Accredited by APIL TrainingThis workshop is designed to provide those moving on from lower to higher value PI claims with a thorough and practical grounding in assessment of damages and the relevant practice and procedure.It will suit both claimant and defendant practitioners and will examine the following, by reference to recent case law:• Types of injury • Problems with causation • Choosing appropriate experts • What are the heads of damage? • Putting together a schedule • The defendant’s perspective • Types of damages awards • Interest • CRUSpeaker: Francis Treasure is a member of Chambers at 42 Bedford Row, London, where he practises in common law, specialising in professional negligence and personal injury.


Damages - Dealing with Higher Value PI Claims

34Central London

Fees: £415 + VAT CLT Members/ £525 + VAT Non-Members

SpeakersGillian Conradie is a care consultant and brain injury case manager with over 30 years experience of working with people with developmental and acquired disabilities, particularly brain injury, cerebral palsy, learning difficulties and spinal injury.

Daniel Friedland is a consultant neuropsychologist who has been working in neurorehabilitation for the last 15 years. He currently runs an NHS community brain injury team which specialises in traumatic brain injury.

Brian Gardner was a consultant surgeon in spinal cord injuries at the National Spinal Injuries Centre, Stoke Mandeville Hospital, Aylesbury from 1985 to July 2011. During this time he has supervised the treatment of spinal cord injured patients at all stages after their injury.

Alasdair Gilbertson is a consultant prosthetist with Ottobock Healthcare and a member of the UK senior management team. He has over 15 years of experience in treating amputees of all ages.

Dr Sarah Mackenzie-Ross is a consultant clinical neuropsychologist who runs her own private practice providing adult mental health and neuropsychological reports for healthcare and medico-legal purposes.

Pankaj Madan is a senior specialist personal injury and clinical negligence barrister practising from Exchange Chambers in Leeds, Liverpool and Manchester and 12 King’s Bench Walk in London.

Gerard Martin QC joined Chambers in 1979 and on the way his career has developed both at the junior bar and in silk, he has been instructed almost exclusively by those acting for claimants, save for one or two occasions when insurance companies have sought his assistance.

Catastrophic injury claims present particular challenges for the legal practitioner; clients have complex care and rehabilitation regimes and lawyers need to manage a multi-disciplinary team.

There is often an urgent need for financial recompense and settlements are likely to be complicated. Clients are at their most vulnerable and client care is rarely more important.

This conference brings together legal and medical experts in the field to highlight the most important issues for PI and Clinical Negligence Lawyers and provide practical solutions to tricky areas.

ChairAndrew Hogarth QC is recommended as a leading PI silk in the current editions of the major legal directories. Chambers & Partners 2012 describes Andrew as ‘knowledgeable, approachable and professional.’ He is praised for giving ‘measured and reasonable advice’ on personal injury and industrial disease matters. He is a CEDR-accredited mediator and has been Head of Chambers at 12, King’s Bench Walk since 2005.

16 September 2014

Catastrophic Injury Claims Conference


9.00

5.00

9.30 Chair’s Welcome and IntroductionAndrew Hogarth QC, 12 Kings Bench Walk

9.45 Costs Budgets in Catastrophic CasesThe rule changes | How to budget and case manage a catastrophic claim post-Jackson | Practical aspects of a costs and case management hearing | Costs assessments after budgeting.Pankaj Madan, Exchange Chambers and 12 Kings Bench Walk

10.30 Diagnosis Of and Neuropsychological Assessment of Brain InjuryWhat is Clinical Neuropsychology? | A brief summary of the different types of brain injury and long term prognosis (i.e. post-concussion syndrome, mild, moderate and severe brain injury) | What does a neuropsychological assessment involve? | Differential diagnosis - factors that influence performance on psychometric tests | Symptom validity and malingering | Assessing capacity.Dr Sarah Mackenzie-Ross, Consultant Clinical Neuropsychologist and Chartered Clinical Psychologist

11.15 Refreshments

11.30 Care, Support and Case ManagementDesigning care regimes - wants, needs and costs | The interface with families | Working with the statutory services | Post settlement - the reality.Gillian Conradie, Care Consultant and Brain Injury Case Manager

12.15 Life ExpectancyProjected life expectancy in the general population | Life expectancy without the SCI - consider positive and negative features | The percentage remaining expected years of life for an average SCI person like the claimant - from publications | Where the claimant falls relative to this average based on his known SCI factors.Brian Gardner, National Spinal Injuries Centre

1.00 Questions

1.15 Lunch

2.15 Head Injury and RehabilitationThe difference between mild traumatic brain injury and moderate-severe traumatic brain injury | Treatment of mild traumatic brain injury | Rehabilitation of moderate-severe traumatic brain injury.Daniel Friedland, Consultant Neuropsychologist

3.00 Refreshments

3.15 Advanced ProstheticsA brief history of prosthetics | The advances in prosthetics and prosthetics today | The importance of matching the correct prosthetic prescription to the patient.

Alasdair Gilbertson, Ottobock Heathcare

4.00 Hot TopicsCost budgets - assumptions, contingencies, counsel’s input | Case management post “Mitchell” | Use of leading counsel, when and why and how - the added value | ADR - mediation, joint settlement meeting, neutral evaluation | Valuing the unvaluable - the cost of future s scientific advancements.Gerard Martin QC, Exchange Chambers and 12 Kings Bench Walk


Helping you understand the key legal and medical issues

Catastrophic Injury Claims Conference

36


Nottingham 19 Sep am Manchester 19 Mar am Newcastle 16 Oct am London 24 Oct am, 6 Mar am Bristol 30 Oct am


Accredited by APIL Training - Litigator, Senior LitigatiorSubstantial changes to the coronial law were introduced in July 2013 and this course provides a comprehensive guide to the new law for practitioners advising or representing potential claimants, defendants, witnesses or family members where a death has arisen. It will be particularly useful for personal injury and clinical negligence lawyers. The course will cover:• The reforms to coronial law including the role of the Chief Coroner • The functions of the Coroner, including control of the body • Processes designed to hasten inquiries and the listing of inquests • Preparation for and procedure at the inquest including improved disclosure • Funding of representation • The scope and purpose of the inquest • The expanded remit of the inquest under the Human Rights Act • Verdicts including neglect, unlawful killing and narrativeSpeaker: Sheriff Payne is HM Senior Coroner for Bournemouth, Poole and county of Dorset and has many years of coronial experience having previously been appointed Deputy Coroner in 1983. He also has had litigation experience in a busy private practice.


Accredited by APIL TrainingThe past couple of years have presented significant challenges for personal injury practitioners. Those who survive and prosper post-LASPO are adapting their practice and developing new specialisms. This course will help you to develop your advocacy skills and grow in confidence as an advocate, enabling more work to be kept in-house, maximising profit.It is a truly interactive course conducted by an experienced part time Judge and a seasoned SRA approved Civil Advocacy skills and assessor trainer. Numbers will be limited to ensure detailed constructive feedback.Using a case study you will deal with:• An interim payment application • A Costs and case management hearing including Form H • A Disclosure applicationIn a safe learning environment you will be guided through the tips and tricks of effective advocacy.Speaker: Andrew McLoughlin, Solicitor, has been granted Higher Rights of Audience for Civil and Criminal proceedings and sits as a recorder in the Crown and County Courts. Andrew has been described by a previous delegate as ‘an extremely erudite and knowledgeable gentleman with a sharp sense of humour. An absolute joy to learn from. Truly outstanding’.

London 10 Sep Manchester 31 Oct



Inquests: Guidance from a Coroner NEW Advocacy for the Personal Injury Lawyer


Hot Topic


Bristol 15 Oct pm London 24 Oct pm Manchester 28 Oct pm


In the light of the abolition of Public Funding for most types of claims due to a hospital or doctor’s negligence many practitioners are finding that this can become a lucrative form of work to develop. This 3 hour course, which is aimed at claimant practitioners, will explain how to assess a potential claim to ensure that the cases that you take on are the ones that are most likely to succeed:• The standard of care owed • Proving the standard has been breached • When and how and at what cost Expert opinion should be sought • Advising client on funding - CFA/DBA • Typical types of error made by GPs • Errors of medical judgement/diagnosis • Errors in treatment • Dealing with the thorny question of causationSpeaker: John-Paul Swoboda, Barrister, specialist Personal Injury Counsel at 12 King’s Bench Walk, London.


London 3 Oct


Accredited by APIL TrainingClinical negligence claims have increased by 20% in the past year alone and a further rise is expected in the wake of the publication of reports into high profile hospital failings. This is an entry-level course for personal injury practitioners aiming to develop their practice in clinical negligence and will also provide a useful refresher for junior lawyers practising in this area of law or those returning from a career break. It will focus on:• Risk assessing cases • Pre-action conduct and the letter of claims • The Bolam test • Working with experts • Establishing breach and causation • Disclosure - hospital, GP and other records • Quantum in medium-value casesThe course is presented by Caron Heyes, identified by Chambers as having a ‘formidable track record’ in clinical negligence. She takes a practical approach based on three core case studies.Speaker: Caron Heyes is a claimant clinical negligence specialist and a member of the Law Society Clinical Negligence Accreditation Panel and APIL. As well as working for Blake Lapthorn, Caron works on a voluntary basis with AvMA to support their campaign for patient safety. She is identified as a “star associate” in Chambers 2014 and has contributed a chapter on the NHS structure to Buchan & Lewis’s ‘Clinical Negligence’.


Clinical Negligence: Risk Assessing a Claim Clinical Negligence - An Introduction


38


Bristol 19 Sep pm Manchester 13 Oct pm London 31 Oct pm


Accredited by APIL TrainingTo advise your client properly, you need to consider what their clinical negligence claim is worth from the outset and quantum needs to be regularly reviewed as the claim progresses. You will often be called upon to make difficult judgments, whether it be to put forward a Part 36 offer that puts your opponent under pressure or to reject an offer where the costs consequences of getting it wrong are potentially disastrous. This half day course is aimed at claimant and defendant clinical negligence practitioners and will enable you to advise your client with confidence on quantum. Presented by “star associate” and experienced clinical negligence solicitor, Caron Heyes, it will enable you to properly value a claim and its constituent elements.It will focus on:• Quantum issues in Fatal Accident Act claims and palliative care claims • Roberts vs. Johnson issues • Interim payments • General quantum update; the impact of Simmons vs. Castle (No2) • Ensuring that your Part 36 offer reflects the appropriate valueSpeaker: Caron Heyes is a claimant clinical negligence specialist and a member of the Law Society Clinical Negligence Accreditation Panel and APIL. As well as working for Blake Lapthorn, Caron works on a voluntary basis with AvMA to support their campaign for patient safety. She is identified as a “star associate” in Chambers 2014 and has contributed a chapter on the NHS structure to Buchan & Lewis’s ‘Clinical Negligence’.


Bristol 19 Sep am Manchester 13 Oct am London 31 Oct am


Accredited by APIL TrainingThis half day course, which is aimed at both claimant and defendant clinical negligence practitioners, will look at recent significant developments in liability, quantum and procedure. It will examine authorities over the past year or so and review the approach of the courts in the changed landscape following implementation of the Jackson reforms.It is presented by “star associate” Caron Heyes, who is praised by Chambers 2014 as being “widely respected for her work in the London clinical negligence market” and will focus on:• Pre action conduct and protocols • CPR changes • Expert evidence; its use in the context of proportionality • Costs and funding-getting the options right • Risk assessment; the impact of legal aid reforms • Mediation; an alternative way forward?Speaker: Caron Heyes is a claimant clinical negligence specialist and a member of the Law Society Clinical Negligence Accreditation Panel and APIL. As well as working for Blake Lapthorn, Caron works on a voluntary basis with AvMA to support their campaign for patient safety. She is identified as a “star associate” in Chambers 2014 and has contributed a chapter on the NHS structure to Buchan & Lewis’s ‘Clinical Negligence’.


NEW Quantum in Clinical Negligence Claims Clinical Negligence Update



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London 27 - 28 Nov, 16 - 17 Apr Leeds 2 - 3 Mar


This 2-day course is aimed at solicitors with little or no experience of drafting commercial contracts. It will be of particular interest to those who are working in-house and will also be a useful refresher to those returning from a career break. The course equips delegates with the essential knowledge and skills that they need to negotiate and draft a commercial agreement. It will look at frame agreements, standard terms, purchase orders and web contracting.The first day focuses on the key legal concepts underpinning commercial contracts. On the second day, delegates will learn negotiation skills and get the opportunity to apply their knowledge in case studies. The course is presented by Helen Swaffield, barrister and qualified teacher, who has extensive experience of training in-house contracts lawyers and consistently receives excellent feedback. Day 1 How to draft a contract• The parties, the price and the content of the goods or services, scope and duration • Delivery and quality, obligations of means eg. endeavours • Setting up different types of agreements • Using a frame agreement • Service levels • Warranties, indemnities guarantees • Risk management: liquidated damages, and exclusion clauses • IPR, licences, background and foreground • Termination and liability and waiver • Boiler plate: severability, third parties, amendment, confidentiality, notices, force majeure, entire agreement and jurisdiction • Agreements with the consumer and other agreements which require care including restrictions of competition

Day 2Case studies • Services contracts under a frame agreement • Goods contracts and sub-contractsHow to negotiate • Understanding the leverage • Styles and tactics • Track change issues • Authority and capacitySpeaker: Helen Swaffield is a barrister with 20 years’ experience in commercial litigation. Within her practice at Harrington Law, Helen works with government bodies and leading firms of solicitors on a range of commercial and in-house projects.


NEW Certificate in Commercial Contract Drafting

Conversion Courses

40



London 9 - 10 Sep, 10 - 11 Mar

This two day course is aimed at solicitors moving in-house for the first time and will also provide a useful refresher for those returning from a career break. It gives an overview and update of the areas of law in which your advice will most commonly be sought. The course also provides invaluable advice on integrating the legal team into a business and “selling” its value to your internal client. The course is not intended to deal with commercial contracts and solicitors who do not have a background in commercial contracts may also wish to attend the 2 day Certificate in Commercial Contract Drafting.Day 1 • Company Secretarial - the fundamentals • Intellectual Property - understanding, protecting and enforcing - inventions and patents - trade marks and passing off - copyright and database rights - design rights - confidential information • Data Protection - key principles - auditing the business • TUPE - when does it apply? - what rights does it create? Day 2 • Competition law - what can and can’t you do? - vertical block exemption - Implementing a competition compliance programme - preparing for a dawn raid • UK Bribery Act overview and a practical guide to achieving compliance in your organisation • Selecting and managing professional advisers • Information technology to help the in-house lawyer • Client care and selling the value of an in-house team

Speaker: Iain Larkins founded Radius Law in September 2013 to provide commercial legal services. Prior to that, Iain was an in-house lawyer for 14 years; he was General Counsel and Chief Compliance officer for the Mercedes-Benz UK Group from 2006 -2013 in which role he led a team of 18 staff, implemented large scale compliance programmes and also managed regulatory investigations.


NEW Essential Toolkit for In-house Counsel

Conversion Courses


Plymouth 7 Oct London 21 Oct Birmingham 28 Oct

This one day course provides fee earners who currently practise in other areas of law with a cross-over day into employment law and practice. It is geared to lawyers who want to build up their knowledge in this area. The course assumes no prior knowledge of employment law but is reasonably fast paced to cover the most common elements of practice.Topics to be covered include:Terminating the employment relationship • Wrongful dismissal • Constructive dismissal • Tribunal practice and procedure • Drafting ET 1 and ET3 • The law of compromise- negotiating settlements • Drafting compromise agreements. Claims in unfair dismissal and redundancy • Bringing and defending a claim • The threshold criteria • Defences • The ACAS Code of Practice • Disciplinary procedures • Compensation • Individual rights on redundancy • Duties to consult • Compensation.Discrimination • Direct discrimination • Harassment • Indirect discrimination • Age and disability discrimination • Reasonable adjustments • recent statutory developments - the Equality Act - new policies and procedures.TUPE 2006 • Identifying a business transfer in disposals and acquisitions of business • The implications of the application of TUPE • The rights of employees dismissed before or after a business transfer to which TUPE applies • Bringing and defending a claim.Speaker: Lorna Valcin is a legal consultant for Compromise Agreements Limited and a regular lecturer for CLT. She was rated as a ‘notable practitioner’ in Chambers and described as ‘easy to get hold of and has a methodical approach to work’.



London 8 Oct, 3 Dec


This course is primarily aimed at practitioners in other fields who come across insolvent situations in their practice and wish to develop their knowledge and experience.It will include:• An introduction to the different insolvency regimes • Using insolvency as a litigation recovery tool • Pre-pack administrations • Litigating for and against insolvency practitioners • Piercing the corporate veil; getting at the directors personally • Getting the most out of the insolvency practitioner • Funding insolvency litigationSpeaker: Stephen Allinson is Chairman of the Joint Insolvency Examination Board. He is a Consultant with Lester Aldridge Solicitors as well as lecturing and presenting. He has for many years been recognised as a ‘leader in his field’ by legal directories. He regularly contributes to professional publications and has written a leading text on Debt Recovery.


Converting Your Practice to Employment Law Certificate in Insolvency Law

Conversion Courses

42


Conversion Courses

Speakers: Caroline Bielanska is the former Chief Executive of Solicitors for the Elderly, an organisation she helped to found. She now provides consultancy for law firms on an independent basis, sits on the Court of Protection User’s Group and sat on the formal Court of Protection Rules committee and Anthony Miller is a training consultant specialising in probate and the administration of estates and trusts. He qualified with the Institute of Financial Services (Trustee Diploma) and is a full member of The Society of Trust and Estate Practitioners (STEP) . He has obtained the Diploma in Training Practice with the Institute of Personnel and Development. Anthony is a tutor and author for the STEP Administration of Estates paper and speaks on a number of other legal courses and Martyn Packer, BA (Hons), LLM, Solicitor, who worked in private practice as a probate and trusts lawyer. He is now a freelance training consultant in the fields of probate, will drafting and private client work and Joe Swift, FCA, FCCA, ATII, TEP, Dip PFS, Consultant with Addleshaw Goddard, which is one of the largest firms of solicitors in England with a private client department and formerly a tax partner at Deloitte. Joe has lectured widely on tax and estate planning to various professional groups and clients.

Leeds 15 - 19 Sep London 20 - 24 Oct, 2 - 6 Feb

£1,100 + VAT CLT Members/£1,650 + VAT Non-members

This course is designed to bring delegates up to a basic level of competence in private client work. It is suitable for practitioners in any field wishing to change specialisms and also for trainees as it assumes no knowledge at the outset. There will be practical exercises and case studies throughout with plenty of opportunity for questions and discussion.Accompanying the course materials will be a resources pack with forms, guidance and other materials.Day 1: Will Drafting Includes structure and specific clauses, IHT and CGT and variations and disclaimers. Day 2: Trusts Includes principles and essential elements for creating trusts, taxation and drafting lifetime trusts. Day 3: Advising Elderly Clients Includes the Mental Capacity Act 2005, the Code of Conduct, assessing mental capacity,Lasting Power of Attorney forms and nursing care funded by NHS. Day 4: Probate and Administration of Estates Includes, property passing outside the Will/intestacy, preparing the IHT205/IHT400, oaths, tax during the administration of estate, finalising IHT and estate accounts. Day 5: morning onlyWorkshop of practical exercises and case studies.

Private Client Conversion Course



Nottingham 4 Sep Newcastle 18 Sep London 2 Oct



London 13 Oct Leeds 23 Oct


This intensive and practical course is aimed at those qualified practitioners looking to change practice areas (for example, due to Legal Aid cuts) or for those returning after a career break. No prior knowledge of conveyancing (residential or otherwise) is required! The course will provide a practical overview of residential conveyancing and the pitfalls which may occur on a daily basis in today’s market including:• An overview of the conveyancing transaction • Identifying your client and the source of funds - why this is your responsibility • Review of searches available in the market online or paper based? • Conveyancing Quality Scheme - what is it all about? • The Protocol and the new forms • Key risk areas - CML and your duty to the lenders • What is SDLT? how does it differ from stamp duty? • Standard Conditions of Sale (5th edition) • Changes in Land Registry practice - where did office copies go?The course is supported by clear flowcharts of the residential conveyancing process.Speaker: Lorraine Richardson, MA (Cantab), Solicitor, specialises in residential conveyancing and wills and probate in a practice in Suffolk. She is a co-editor of the Law Society publication, Conveyancing Forms and Procedures.


An Introduction to Commercial Property Litigation: Part One

This course is aimed at lawyers from a contentious background who are looking to build a practice in commercial property litigation. It will not deal with residential property disputes save in the context of mixed use developments.The course will provide a useful overview of the Landlord and Tenant Act 1954 from which much of the bread and butter work of the commercial property litigator flows, yet contains many traps for the unwary. It will also focus on some of the most common areas in which disputes arise.The course will include:• The basic concepts of 1954 Act • Statutory notices under 1954 Act • Overview of court procedure • Service charges • Enforcement of leasehold covenants • Break optionsSpeaker: Mark Shelton is a professional support lawyer with Eversheds LLP. He qualified with Linklaters and has always specialised in property litigation. Mark was a partner at Lawrence Graham, and has acted for major property investors, financial institutions and leading retailers. He is a contributor to Estates Gazette and Property Law Journal.

Residential Property: An Intensive Introduction for Qualified Practitioners

Conversion Courses/Property Litigation

44


London 1 Oct Newcastle 16 Oct Nottingham 29 Oct


Disputes over boundaries can arise on many transactions, whether a residential purchase or a commercial development. Often the lawyer is asked to advise on the extent of the property on the basis of poor or non-existent plans.This course will identify the key factors determining the position of a boundary and some practical approaches to solving problems.Topics covered include:• Introduction and context - neighbour disputes, commercial disputes, ransom issues • Sources of information on boundaries - HMLR, ordnance survey, pre-registration deeds, aerial photos • Types of dispute - Things going onto adjoining land - trees, roots, drains, structures - Things interfering with adjoining land - noise, limitations on light - Breach of legal rights • Remedies and Limitations - Tort - nuisance, trespass, negligence - Contractual - enforcement of covenants and restrictions - Statutory powers - statutory undertakers powers, local authority powers, Access to Neighbouring Land Act, Party Walls, Land Registry powers - Injunction or damages onlySpeaker: Hannah Mackinlay is a director of Mackinlay Projects Ltd, a solicitor and formerly a partner at Shoosmiths and Putsman wlc and an associate at Pinsents - specialising in property development, development finance and environmental law.


Boundary Disputes: A Practical Approach

Property Litigation


Nottingham 16 Oct Newcastle 23 Oct London 31 Oct

This course builds on An Introduction to Commercial Property Litigation – Part One. The course will not deal with residential property disputes.It considers procedures where the landlord opposes lease renewal on redevelopment grounds. Dilapidations claims, which are increasingly prevalent, are covered in some depth.The course will include:• Tactics and requirements for opposing lease renewal on redevelopment grounds • The interpretation of repairing covenants • The conduct and settlement of dilapidations claims • Obtaining landlord’s consents • How tenants can offload over-rented property • Trespassers • Avoiding inadvertent waiver of the right to forfeit and a guide through the variety of relief jurisdictions • A contrast between distress for rent and commercial rent arrears recoverySpeaker: Mark Shelton is a professional support lawyer with Eversheds LLP. He qualified with Linklaters and has always specialised in property litigation. Mark was a partner at Lawrence Graham, and has acted for major property investors, financial institutions and leading retailers. He is a contributor to Estates Gazette and Property Law Journal.


An Introduction to Commercial Property Litigation: Part Two


Birmingham 16 Sep pm Leeds 28 Oct pm Manchester 18 Sep pm Southampton 23 Sep pm London 14 Oct pm


Agricultural litigation - whether before the courts, an arbitrator, the Agricultural Lands Tribunal, or the Upper Tribunal - throws up a range of distinct problems. This practical half-day course, given by an experienced agricultural litigator, will provide guidance and an understanding of approaches to a range of commonly-encountered case-based scenarios.It will deal with the following:• From the first letter to the claim form - getting the early steps right • Effective case-management - the right court • ADR - when, where, and how • Interlocutory applications • Fighting through to trial (... and any appeals) • Arbitration - practice and procedure • The Agricultural Lands Tribunal • The Upper TribunalThis course is aimed at those practitioners who are new to agricultural litigation as well as providing an update and refresher for more experienced practitioners.Speaker: Christopher McNall is a barrister and CEDR-accredited mediator at 18 St John Street Chambers, Manchester, where he advises and acts in agricultural matters and disputes of all kinds. He is a Fellow of the Agricultural Law Association, and winner of its 2009 Chairman’s Trophy.


Agricultural Litigation: A Practical Guide

Property Litigation

London 13 Oct pm Birmingham 30 Oct pm


Wind farms have become a familiar feature of the rural landscape. But they can also attract controversy and challenge - both at the planning stage and subsequently - giving rise to an increasing body of case law.This course offers practical legal guidance, especially where projects are subject to a planning inquiry or meet other legal challenges. It discusses recent cases and the lessons to be derived from them.Topics covered include:• The political and economic background • The legal framework • Planning inquiries - procedure and evidence • Judicial review - procedure and substance • Private law - making (and defending) claims • Recent casesSpeaker: Christopher McNall is a barrister and CEDR-accredited mediator at 18 St John Street Chambers, Manchester, where he advises and acts in agricultural matters and disputes of all kinds. He is a Fellow of the Agricultural Law Association, and winner of its 2009 Chairman’s Trophy.


Wind Farms: Key Issues in Planning and Litigation

46


This is a workshop course aimed at paralegals, trainee and junior solicitors. It provides the delegate with tuition through worked examples to improve drafting skills. It aims to increase your confidence in pleading statements of case and other documents for court which will allow you to keep more work in-house and increase profitability.Topics covered include:• Endorsing the claim form - avoid the pitfalls of Nomura • Statements of case - contract/tort/breach of statutory duty • Identifying the cause of action and avoiding abuse of process • Defences and tactical drafting • Part 20 claims • Requests for Further Information - are they an own goal? • Admissions: recent changes on when to use them • Amendments: do’s and don’ts • Drafting witness statements - tips and traps • Skeleton arguments demystifiedSpeaker: Philip Barlow, MB, ChB, MA, is a qualified doctor, barrister and solicitor. He has 15 years civil litigation experience managing a team of litigators, specialises in clinical negligence and is currently a partner in LawSolve LLP.

London 22 Sep, 5 Mar Birmingham 4 Mar Manchester 23 Sep Bristol 15 Oct York 16 Oct



London 25 Sep, 22 May Manchester 26 Sep Birmingham 24 Apr


Litigation skills have changed. The reforms require that litigators, and those who instruct them, must be more efficient and adaptive. This course develops project and case management tools that will be invaluable in litigation.What is project management? • Project management tools introduced • Tailoring tools to the litigation context • Process planning to deadlines.Case management • Task by task management strategies • Developing the costs benefit analysis • Merits and evidence assessment tools • Procedural strategies • ‘Good cop’ ‘bad cop’ approach • ‘Without Prejudice’ • Contingency planning - how to manage changing merits.Client strategies • Reporting to clients and insights into communication • Allocation of roles and responsibilities • Hidden and unseen messages • ‘Winning’ re-defined • Commercial options.Trial strategies • Court/arbitration familiarisation • Managing witnesses and experts.Leadership • Leadership theories in action – which one is appropriate for you? • Managing a team from a distance (counsel, experts and witnesses).Speaker: Helen Swaffield is a barrister with 20 years’ experience in commercial litigation. Within her practice at Harrington Law, Helen works with government bodies and leading firms of solicitors on a range of commercial and in-house projects.


Litigation Drafting - A Comprehensive Guide Managing Litigation Effectively After Jackson

Litigation Skills


Birmingham 18 Sep London 19 Sep, 2 Dec Leeds 4 Dec


Cognitive interviewing is a tool which can be employed by all litigators to maximise a client or witness’s recollection of events. It uses a series of memory retrieval techniques to increase the amount of information that can be obtained from a witness or client. Cognitive interviewing is much more effective than simply asking questions, which interrupts the witness and restricts the natural flow of information.This practical course, which is suitable for all litigators, trains you to use cognitive interviewing, which is successfully used in some of the largest UK law firms. Using cognitive interviewing will increase the completeness and accuracy of what your witnesses can remember, helping them to remember clearly things that happened many months, or even many years ago. It will also enable you to:• Assess litigation risks and make decisions about a case • Prepare cases and take statements based on the full facts • Obtain up to 40% more relevant information • Obtain uncontaminated evidence from witnesses • Obtain more facts and details from witnesses first time, reducing the need for costly re-interviewsSpeaker: Dave Barney specialises in training lawyers in interviewing and investigating techniques. He has trained over 3000 lawyers in the last 15 years and has worked with all of the top 10 UK law firms.Or Geoff Coughlin, FITOL, CMCIPD, has had wide experience of managing and training solicitors, managers, police officers and trainers in the private and public sectors.


Interviewing Witnesses: How to Unlock Their Memories

Litigation Skills

Live WebinarsVisit www.clt.co.uk/webinars to see our extensive programme.

48Defending Motorists: Recent DevelopmentsThis webinar updates practitioners on recent developments and case law relevant to motorists facing serious allegations including drink driving, dangerous driving and causing death by driving whilst uninsured, by dangerous driving and/or careless driving. It will also advise on possible defences enabling the best advice to be given to clients facing charges.Speaker: Barry Culshaw is a solicitor and a consultant with Blake Lapthorn specialising in road traffic law. 1 Sep | 10.00am - 11.30am

Damages in Contract Law: A Refresher and Update This webinar will examine the principles for the recovery of damages in breach of contract claims and give an overview of recent case-law. It is aimed at junior and trainee solicitors, those without significant experience of litigation and any practitioner who wishes to benefit from a refresher course on first principles. The webinar will cover the concept of the basis of damages, foreseeability and causation, mitigation, quantum and the prospects for aggravated or exemplary damages.Speakers: Chris Bryden is a barrister at 4 King’s Bench Walk. Michael Salter is a barrister at Ely Place Chambers.1 Oct | 4.00pm - 5.30pm

Commercial Rent Arrears Recovery: Six Months In Before its introduction, commentators focussed on the reasons why CRAR would be less effective than the law of distress and thought it would be little used. What is the reality six months on? This webinar looks at:• Outline of the CRAR procedure, who does what and when • What sums can be recovered using CRAR • Impact on rights to forfeit • CRAR and sub-tenants • The meaning of ‘commercial’ premises • Scope to improve the position by contractual provision • Organising for effective rent recovery.Speaker: Mark Shelton (see page 48, An Introduction to Commercial Property Litigation).17 Oct | 1.00pm - 2.30pm

Acting Against Litigants in Person The changes to funding in the civil justice system, combined with the increased limit in the small claims court and a difficult economic climate mean that litigators deal with self-represented parties on a more regular basis. Acting against a litigant in person requires a different approach and can increase the cost of your client’s claim. Speaker: Andrew Mcloughlin (see page 7, CPR, Civil Litigation and Jackson Update 2014).12 Sep | 10.00am - 11.30am

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Defending Speeding Allegations The loss of a driving licence can be devastating and have major implications for a motorist’s employment and future insurance cover. Motorists are particularly at risk of disqualification where multiple offending and/or significantly excess speed is involved. Practitioners who advise motorists facing speeding allegations must be aware of possible defences that may be available. Even on a guilty plea basis there is much that can be achieved when seeking to save the motorist’s licence.This webinar is aimed at practitioners who represent motorists facing speeding allegations and will support you in giving the best advice.Speaker: Barry Culshaw (see page 52, Defending Motorists: Recent Developments).1 Sep | 1.00pm - 2.30pm

Enforcement of a Judgment: The New Regime 6 Months On This webinar, which is essential viewing for all commercial litigators and debt recovery practitioners, examines the recent changes to the enforcement regime and how they have impacted on creditors in the first 6 months of operation. Aswell as looking at the changes brought in by the Taking Control of Goods Regulations 2013, it will also cover the new rules for the recovery of commercial rent arrears and provide a general update on enforcement. Should your enforcement strategy now be altering in the light of these changes?Speaker: Stephen Allinson, Solicitor and Insolvency Practitioner has for many years been recognised as a ‘leader in his field’ by the legal directories.22 Sep | 1.00pm - 2.30pm

Pre-Action and Third Party Disclosure and Norwich Pharmacal Relief Used properly, orders for pre-action, third party and Norwich Pharmacal disclosure orders can be incredibly effective tools for the commercial litigator. They facilitate the obtaining of documents or information that may prove a case. This webinar will focus on the circumstances in which orders may be made and provide practical advice for successful applications as well as reviewing recent case law.Speaker: Jason Woodland is an associate in the Civil Fraud/Commercial Litigation team at Peters & Peters. He specialises in claims involving civil fraud and has particular expertise in dealing with applications for emergency injunctive relief.2 Oct | 1.00pm - 2.30pm

Preparing for Mediation In litigated matters there is an ever increasing drive toward mediation. While the judiciary have shied away from compulsory mediation they have been happy to provide a very high level of pressure towards engaging with it. There is a lot of advice for lawyers about what mediation is, rather less about how to practically prepare for it. This webinar aims to redress that balance by providing tips on the effective use of mediation. Speaker: David Smith is a solicitor specialising in the Landlord & Tenant team at Anthony Gold Solicitors. He speaks and writes extensively on Landlord and Tenant and Housing matters.10 Sep | 1.00pm - 2.30pm

Relief from Sanctions: Is Mitchell Still Good Law? It is almost a year since the post-Jackson regime first flexed its muscle in the now notorious case of Mitchell v News Group Newspapers Limited. This webinar, which is presented by barrister and blogger Jack Holborn looks at some of the significant decisions that have followed Mitchell and will provide valuable guidance for litigators on the way in which the Courts are likely to deal with requests for relief from sanctions.Speaker: Jack Holborn is a barrister at Thirty-Nine Essex Street working predominantly in personal injury, public law and costs.9 Sep | 10.00am - 11.30am

Specsavers vs. Asda: Anatomy of a Trade Mark Dispute This webinar is presented by Antony Gold who acted for Specsavers in its recent dispute with Asda. The litigation addressed a number of issues relevant to many brand owners including the court’s approach towards the different grounds for trade mark infringement and passing off, non-use of trade marks and the impact of colour. The webinar will be of interest to practitioners advising brand owners on IP rights in private practice and in-house.Speaker: Anthony Gold has handled IP litigation for many of the UK’s leading retailers. Most recently, he has acted for Specsavers in its much-publicised trade mark dispute with Asda. 16 Sep | 1.00pm - 2.30pm


Live Webinars

Visit www.clt.co.uk/ondemandlibrary to see our extensive programme.

50On-demand Library

Claims Against Directors Speaker: Tony Sampson: ??? ???

Coronial Reform: What You Need to Know Speaker: Lucy Wilton

Claims in Personal Injury for Child Abuse Speaker: Richard Davison

Costs in Contentious Probate ProceedingsSpeaker: Richard Dew

Civil Appeals - What You Need to Know Speaker: Andrew McLoughlineaker: ??? ???

Costs and Jackson: The First 12 Months Speaker: Matthew Smithpeaker: ??? ???


On-Demand Webinars

Professional Conduct for Litigators Speaker: Jayne Willetts

Is He Good For the Money? Profiling the Debt and the Debtor Before Enforcement Speaker: Stephen Allinson: ??? ???

FCA Enforcement: Lessons from the First Year Speaker: Victoria Lindsay and Elaine PenroseSpeaker: ??? ???

Privilege: A Guide for In-House Lawyers Speaker: Mark Surguyeaker: ??? ???

Limitation and PI Claims: 10 Myths that Every Practitioner Should Know Speaker: Gordon Exall

Drafting Witness Statements in the Post-Jackson World Speaker: Gordon Exall

ISDA® Documentation and Mis-sold Interest Rate Derivatives Speaker: Gary Walker

The Future Loss of Earnings of Catastrophically Injured Children Speaker: Chris Gutteridge

Surviving Mitchell: What You Need to Know to Stay in Business as a LitigatorSpeaker: Gordon Exall: ??? ???

Settlement Law and Practice Speaker: Ian Gascoign: ??? ???

Managing Digital Evidence in Litigation Speaker: Peter Sommereaker: ??? ???

Part 36 and PI Claims Speaker: John-Paul Swoboda

Terms and Conditions1. Confirmation of your booking will be sent by email or post within 2 days of receipt. A VAT invoice will be sent separately to your accounts department. Documentation is distributed at the time of the event. 2. Central Law Training Ltd reserves the right to vary or cancel a course where the occasion necessitates. CLT accept no liability if, for whatever reason, the course does not take place. 3. Prices may be subject to change. 4. Early bird offers cannot be used in conjunction with any other Central Law Training promotion or offer (excluding Membership discounts). 5. Full invoice payable within 30 days of date of invoice unless: a. Cancellation: For CLT Members: provided written notice is received at least 24 hours before the event there is no administration charge applicable. For Non-members: provided written notice is received at least 24 hours before the event, the fee will be credited less a £25 (+ VAT) administration charge. b. Transfer: in the event of a transfer to another date or event, an administration charge of £25 (+ VAT) for Non-members will be levied. There is no fee applicable to CLT Members. Written notice must be provided at least 24 hours before the event. 6. This booking form constitutes a legally binding contract. The delegate and employer are jointly and severally liable for payment of all the fees due to CLT. 7. To the extent permitted by law, neither CLT nor its presenters will be liable by reason of breach of contract, negligence or otherwise for any loss or consequential loss occasioned to any person acting omitting to act or refraining from acting in reliance upon the course material or presentation of the course or, except to the extent that any such loss does not exceed the price of the course, arising from or connected with any error or omission in the course material or presentation of the course. Consequential loss shall be deemed to include, but is not limited to, any loss of profits or anticipated profits, damage to reputation or goodwill, loss of business or anticipated business, damages, costs, expenses incurred or payable to any third party or any other indirect or consequential losses. 8. Continuing Professional Development and Continuing Professional Education. Hours or points may be claimed as indicated from the following professional bodies: The Solicitors Regulation Authority, ILEX, ICSA, CIOT, IPA, RICS, ICAEW, CIMA, CIPFA, CLC, ACCA and STEP. In addition to the general booking terms above, additional terms also apply to the bookings of Live or on demand webinars. To view them in full please visit http://www.clt.co.uk/terms-and-conditions. Data Protection: Central Law Training may periodically contact you with details of programmes and services that may be of interest to you and may pass your details to other companies within the Wilmington Group and selected clients. Please contact the Client Services Team (email to [email protected] or write to CLT, Wrens Court, 52-54 Victoria Road, Sutton Coldfield, Birmingham, B72 1SX) if you do not wish to be included in this activity.


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