Professional Liability Conference 2017
Thursday 12 January 2017
9.00am - 1.00pm
Grange City Hotel, London,
8.30am Registration and Breakfast
9.00am Welcome from Chairman Ian Croxford QC
9.15am What now for the but for test of causation? Tiuta v De Villiers explained Joanna Smith QC
- The but for test of causation as expounded in Kuwait Airways and NyKredit
- The complications caused by Preferred Mortgages
- The decision in the court of Appeal in Tiuta v De Villiers
- The tussle between substance and form
- The future of the but for test
9.35am Director’s Negligence, Exoneration and Indemnity: the good, the bad and the ugly Nikki Singla
- The risk confronting corporate and fiduciary services business.
- Who would want to sit on a board?
- Defending the negligent but honest
- Responsibility: board or individual?
9.55am Does Stone & Rolls survive following the decision in Patel -v- Mirza Iain Pester
- The new common law doctrine of illegality as a defence to a civil claim – the Supreme Court decision in Patel v Mirza
- Auditors’ liability for failing to uncover a fraud: Is Stone & Rolls Ltd v Moore Stephens still good law?
10.45am Workshops (please select one)
- How far can you go in getting expert evidence in solicitors’ negligence cases?
- The Court’s clampdown on expert evidence generally as part of the recent focus on managing cases actively
- Commenting on drafts and instructing experts- how far can you go?
- Changing experts- where are we now?
- The extent of the duty to mitigate by litigating against third parties
- The effects of compromise on causation and quantification
- The boundaries to the power to compromise third party claims
- The format of the workshop will be a short talk on each section followed by a guided work through of a problem based on Symrise v Baker & McKenzie
- Does a claim of fraud help or hinder?
- Problems of pleading and proof
- Limitation issues
12.00pm – The Top 10 Myths in Professional Liability Litigation Jonathan Seitler QC
- What are the big shibboleths in our work?
- Where do they come from?
- Which are challengeable and which are not?
- Which are not standing the test of time?
- A modern guide to thinking outside the box
12.20pm – “The 5 minute Pitch” Chaired by Joanne Wicks QC
Individuals from Wilberforce Chambers will pick a recent case and attempt in turn to persuade you that it is the most important case from a Professional Liability perspective. They will have 5 minutes each. Who is the most effective? You, the audience, will decide.
12.50pm Closing – Ian Croxford QC
1.00pm Lunch (seated buffet)