WEBINARS ON DAMAGES IN 2024: SOMETHING TO WARM UP THE WINTER DAYS EARLY IN THE NEW YEAR…

Early next year I am presenting a series of eight webinars on personal injury damages.  The series looks at the  major heads of damages for personal injury and clinical negligence cases, with a particular emphasis on those claims in the intermediate and multi track.  In addition the webinars closely examine recent cases to illustrate in a practical way how damages are established (or not established) at trial. One aim is to look at those matters that could affect allocation, particularly between the Intermediate and Multi Track.

THE WEBINARS

Damages for pain and suffering: 11th January 2024

Booking details available here.

This webinar looks at the preparation of the schedule, evidence and case in relation to damages for personal injury.  It looks at the case law and covers:

  • What is an “injury”?
  • What is a claimant being compensated for?
  • What factors affect the award for pain and suffering?
  • Does the age and income of the claimant matter?
  • How should pain and suffering be presented in the Schedule?
  • Can the claimant simply rely on the medical evidence in presenting their claim for injury?
  • What factors are going to affect the award for pain and suffering?
  • Hybrid claims and the “whiplash tariff”

Damages for loss of earnings: 18th January 2024

Booking details available here.

  • The law as to loss of earnings
  • How a claim for loss of income is calculated
  • Disability in the labour market, evidence, the schedule and the witness statement
  • The Blamire award
  • Awards for loss of congenial employment
  • The schedule of damages and claims for loss of earnings
  • Proving loss of earnings at trial – some practical examples
  • A client questionnaire for loss of earnings

 

Damages for the self-employed and those involved in entertainment and sport: 25th January 2024

Booking details are available here.

This webinar looks at the particular difficulties of acting for self-employed people who suffer loss of earnings due to injury, focussing on:

  • The particular problems of the self-employed claimant
  • When a claimant has not been fully declaring their income to the Inland Revenue
  • The injured business owner
  • The effect of a limited company
  • Calculating net loss
  • Pension losses and the self-employed claimant

The webinar then goes on to look at issues in claiming losses in cases where the injured claimant earns, or hopes to earn, a living through sports and entertainment,  looking at cases where damages have been awarded and when a claim for “loss of chance” has been found to be appropriate.

Damages for care: Recent cases and their significance for practitioners: 8th February 2024

Booking details are available here.

 

Here we look at claims for care, the law underpinning care and assistance claims, looking at practical ways of preparing the case and presenting the schedule and cover. The webinar covers, in particular, the cases and observations made in Scarcliffe -v- Bramton Valley Group Ltd [2023] EWHC 1565 (KB),  Muyepa v Ministry of Defence [2022] EWHC 2648 (KB) and CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2023] EWHC 1770 (KB)

  • Medical and hospital expenses – does a claimant have to use the NHS?
  • What is “care”?
  • Quantifying care without the help of an expert
  • Care in minor and non-severe cases
  • Claims for household assistance – does the law treat them differently?
  • Can a claim be made for inability to act as a carer?
  • The role of the expert – key points to watch out for
  • Care claims in the schedule

 

Accommodation and appliance claims 2024: 15th February 2024

Booking details are available here. 

  • Proving a need for accommodation
  • Quantifying the accommodation claim
  • Interim payments and accommodation claims
  • Proving the need for aids and appliances
  • Quantifying the claim for aids and appliances
  • Accommodation and aids and appliances in the schedule
  • Mitigation of loss and the purchase of alternative accommodation

Periodical payments and provisional damages 2024: 19th February 2024

Booking details are available here. 

 

This webinar looks at the law, practice and procedure relating to provisional damages and periodical payments including how they should be presented in the schedule and the evidence that needs to be provided in support and will cover:

  • When is a claim for provisional damages appropriate?
  • Making a claim for provisional damages
  • Consequences of a provisional award
  • Causation
  • The obligation of the court to consider periodical payments
  • Factors involved in the exercise of the court’s discretion
  • Ensuring security for the claimant
  • Practice and procedure

Dealing with the counter-schedule and counter-arguments in relation to damages 2024; 14th March 2024

Booking details are available here.

Here we take a detailed look of those arguments that can be marshalled to reduce a claim for damages and cover:

  • Assessing points made in the counter-schedule
  • Causation arguments and the reduction of damages
  • Arguments about mitigation of loss
  • The schedule and recoupable benefits
  • The schedule and non-recoupable benefits

Proving damages 2024: 21st March 2024

Booking details are available here

 

A claim for damages is largely academic, and potentially harmful, if a claimant cannot prove the damages claimed.

The webinar looks at the challenges facing practitioners having to prove damages at trial.  The question of whether the damages claim will be proven is central to
The webinar  looks at those cases where claimants have failed to establish damage, or key heads of loss and the practical steps that can be taken to ensure that losses are established at trial.

It also looks at the dangers of claiming damages that cannot, in fact, be proven. These include the risk of an allegation of fundamental dishonesty.

  • How are damages proven at trial?
  • What do you do if you cannot prove a loss
  • The dangers of “underpleading” your case
  • The dangers of “overpleading” your case