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Professional Liability Conference 2017

Thursday 12 January 2017 (3.5 CPD)
9.00am - 1.00pm

Grange City Hotel, London,

Timetable

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?

10.15am Break

10.45am Workshops (please select one)

Workshop 1 – Expert evidence- recent developments and practical difficulties Lexa Hilliard QC, Jonathan Hilliard QC, Emer Murphy

  • 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?

Workshop 2 – Mitigation by Litigation and Settlement Lawrence Cohen QC, James Ayliffe QC, Sebastian Allen

  • 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

Workshop 3 – Fraud and the Professional Joanne Wicks QCTim Penny QC, Tiffany Scott

  • 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

Pitches by – Emily McKechnie, James Walmsley, Tom Roscoe, Elizabeth Houghton, Jamie Holmes

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)

Book Now

To book a place on this conference please email your full contact details to seminars@wilberforce.co.uk Or call us on +44 (0) 207 306 0102

Download timetable and booking form here