6. Civil Litigation Half-day Conference
Date:
Wednesday 23 May 2018
Time:
09:30am - 01:00pm
Speaker:
Sheriff Brian Cameron, Andrew Lothian (DWF LLP), Timothy Young (Advocate) and Isla Davie (Advocate)
Seminar Details:

This conference will cover four topics of interest to every civil court practitioner –

• Written Pleadings – the essentials of a dying art? (Sheriff Brian Cameron)

This talk will aim to remind practitioners of the purpose of written pleadings and the duties owed by practitioners to the court in framing such pleadings. Sheriff Cameron was appointed as a summary sheriff at Glasgow Sheriff Court in April 2016, having previously sat as a part time sheriff throughout Scotland since 2011. In addition to cases within the criminal courts he regularly deals with family cases, adoptions, children’s referrals, summary cause heritable cases and simple procedure.
Until October 2015 he was a solicitor in private practice and had over 25 years experience in litigating in the Sheriff Court and Court of Session. In 2007 he acted as principal solicitor for the successful appellant in an appeal to the House of Lords. Sheriff Cameron was also formerly Dean of The Royal Faculty of Procurators in Glasgow, co-editor of Greens Civil Practice Bulletin and Lead Tutor in civil litigation on the Diploma at the University of Strathclyde.

• The Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill (Andrew Lothian)

The Bill will revolutionise expenses in personal injury litigation and, if the Scottish Government is right, will increase access to justice in Scotland. Everyone involved in personal injury litigation needs to understand how the Bill is likely to work and how it will change personal injury practice in Scotland.
     - Origin of the Bill and its passage through the Scottish Parliament
     - Key aspects of the Bill – Damages Based Agreements, Qualified One Way Costs Shifting, Group Proceedings
     - When QOCS will apply and when it won't
     - What the Bill is likely to look like in the end
     - What subsequent Rules might be required
     - How will all this affect me as a personal injury practitioner?

Andrew is Head of the General Insurance team in Scotland at DWF. For more than 20 years he has specialised in insurance litigation, defending insurers, self-insureds and public bodies from catastrophic injury and fatal claims, HSE prosecutions and at Fatal Accident Inquiries. He is a member of FOIL (the Forum of Insurance Lawyers) where he is Vice-Chair of FOIL in Scotland and sits on the Catastrophic Injury Sector Focus team. For several years he was a Fiscal for the Law Society of Scotland, prosecuting solicitors for professional misconduct before the Scottish Solicitors’ Discipline Tribunal. He is also instructed as an expert witness in cases involving solicitors’ negligence. In September 2017 he gave evidence on behalf of FOIL to the Scottish Parliament's Justice Committee on the Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill.

• “It’s the expenses, stupid!” - Recent developments in civil litigation expenses (Timothy Young)

The talk will focus on an overview of recent developments in relation to the ever important issue of expenses in civil actions in the Sheriff Court and the Court of Session.

Tim Young is an advocate at Arnot Manderson Advocates. He called to the Bar in 2013. He practises in Commercial law, Public law, and International Commercial Arbitration. He has worked on substantial cases in all of these areas. He was previously a senior solicitor at Pinsent Masons LLP, and graduated with a first class honours from the University of Strathclyde.

• Negotiation and Tactics in Civil Litigation (Isla Davie)

How to optimise your client’s position in settling a case. Covering the golden rules of negotiation for civil litigators - timing, framing, anchoring and game plan. The best tactics to get to ‘yes’.

Following her legal studies in Edinburgh and Paris Isla has practised in civil litigation for her whole legal career, latterly as an advocate at the Scottish Bar since 2004. Her main areas of practice involve professional negligence, property disputes and personal injury appearing in a range of fora, including courts, tribunals, arbitrations and mediations. She has tutored in civil litigation and was recently appointed as a legally qualified chair on to the Scottish Social Services Council. She is a committee member of the Faculty of Advocates Free Legal Services Unit and Board member of the CAB Legal Services Group.

 


Booking fee: members £100; non-members £160; trainee/paralegal from member firm £30; trainee/paralegal from non-member firm £60

Related File(s):
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