Case managers, litigators, experts and counsel from both sides of the litigation fence deemed our first ‘Disclosure Dilemmas: not for the faint hearted event’ a triumph and a ‘fantastic’ insight into the litigation communication process.

‘Disclosure Dilemmas: not for the faint hearted’ was hosted at Doughty Street Chambers, London on the 2 May 2019, and chaired by the impressive Theo Huckle QC. Delegates travelled from across the UK to attend the lively sessions led by senior experts from both sides of the litigation industry. Delegates gave enthusiastic feedback and were impressed by the lively conversation and the breadth of advice given on the day. Many delegates took to Twitter to share their positive feedback and post updates throughout the day. We thought we’d share a few with you, below:

 

“A fascinating look at the issues and practicalities of disclosure and legal privilege from every angle.”

Jackie Waggott, Operations Director and Case Manager at Social Return and a delegate at the event, said: “This well attended event included perspectives from the case manager, claimant and defendant litigators, barristers and insurers, and the expert witness. Expertly chaired by Theo Huckle QC,  the issues considered were tangible, every day issues that case managers come across often and examined in a way that was interactive and left no stone unturned. Key considerations of disclosure were explored which ultimately ensures a level playing field for the court to consider the evidence.

“David Fisher busted some of the myths surrounding defendant insurers and their approaches. He asked case managers to ensure their records are clear, independent and with goals to guide intervention. To follow up, Malcolm Henke shared the importance of creating records that show consideration of how funds have been spent, with controls and plans, and clear benefits to the claimant.”

She added: “Jenny Urwin shared the importance of support worker training and clear documentation – not least nighttime diaries which can often have little detail in to overnight care and support needs. The information disclosed can tip the balance between whether nighttime care is sleeping or waking – a difference of approximately £25,000 PA in Heads of Claim and not something to get wrong.”

“This unmissable event provided much discussion and food for thought which serves to improve best practice in case management in the UK.”

Topics included:

  • An outline of the law on disclosure & privilege, GDPR & Judicial perspective
  • A defendant insurer perspective: Disclosure issues arising from initial notification of the claim and particularly pre-proceedings, including under the Rehabilitation Code – David Fisher, AXA Insurance.
  • A brain injury case manager’s perspective & perspective of a care expert: Responsibilities, procedures, practicalities, communication issues relevant to managers and individual case managers. Disclosure required by care & case management expert & issues arising in giving evidence – Debbie Eaton, Case Manager.
  • The defendant solicitor perspective: Issues & considerations in litigation, collaborative working, Rehab Code, disclosure orders, assessing quantum, offers to settle, joint settlement meetings & preparing for Trial – Malcolm Henke, Horwich Farrelly.
  • A clinical negligence claimant solicitor perspective: Issues arising from the unique perspective of litigating a clinical negligence claim – Jenny Urwin, FieldFisher.
  • A personal Injury claimant solicitor perspective: Legal, practical, management & tactical issues & considerations pre & post issue of proceedings, working under the Rehab Code & in litigating for Trial, including consideration of disclosure & quantum issues arising from future contingency issues – Victoria Oliver, Bolt Burdon Kemp.
We are currently planning more first-class BABICM and collaborative events.

In the meantime, please visit our Events page for our latest event updates.