The changing face of personal injury litigation Christopher Melton QC & Darryl Allen QC 1

“I have never …” Solicitors Nurses Occupational Therapists Social Workers SALT Doctors Police Insurers Others 2

Sit down if you have never …… …. given evidence 3

The Jackson Reforms Deadlines Dosh Demands Defendants Disclosure Drama Dedication 4

Deadlines “The good old days ….” Deadlines now really matter! Consequences of failure to comply can be disastrous Relief from sanction Sleepless nights Where are we now? 5

Dosh Case and Costs Management Conferences Costs budgeting Solicitor will have to justify costs which go beyond budget “QOCS” – Qualified One Way Costs Shifting Costs for a case will be (effectively) capped Commercial pressure to stay within budget Commercial pressure to conclude cases 6

Demands Impact of costs budgets Practical problems – – Property selection – Property problems – Employment issues – Difficulties with care agency Eats into costs budget Contingency – “additional” phase Pass responsibility to Case Manager – Can be claimed as damages not as costs – Partial recovery cases? 7

Defendants 8 “No problem spending money but have a problem wasting money” No professional status No accreditation No regulatory body with whom to register or to whom you are are accountable as case managers Dependence on other regulatory framework other qualifications/status Substantial element of award of damages Be careful what you wish for

Disclosure Draft case management report Case management records are disclosable – warts and all Impact of the costs budget The Defendant’s fine tooth comb These are your records Redaction – The Claimant, his Litigation Friend or his solicitor has to sign the disclosure statement 9

Drama Trials are becoming more common Giving evidence is a challenging experience It can be a very lonely one Your notes Your reports Your statement Your decisions Your reputation 10

Dedication Do what you do to the highest standards Document your decisions and decision making process Don’t ignore difficult issues Don’t be persuaded to endorse something you don’t consider necessary or reasonable Don’t be put off by anything I have said 11

Crap Loughlin v. Singh [2013] EWHC 1641 (QB) An unfortunate judgment Arbitrary reduction 12

Cracking Totham v. King’s College Hospital NHS Foundation Trust [2015] EWHC 97 QB A good judgment Principled approach 13

Contributory Negligence All partial recovery cases 10% - 90% Important Park the issue 14

Case Management Notes Privilege? Redaction? 15

Codes Ground rules better Use of material Privilege Basis of payments Accommodation 16

Creative CCG and LEA funds – use them Do not issue unless necessary Use part 8 for approval For what is approval needed 17

Collaborative Vichy Sexual relations 18