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Personal Injuries Conference 2024

Online & On-Demand Conference, Chaired by Patrick Groarke.
Taking place live on Zoom at 2pm on Tuesday May 14th.

150
Online / On-Demand
3 General CPD Hours
May 14th 2024
Book Now

About this course

The area of personal injuries has undergone significant change in recent times. This presents both challenges and opportunities for practitioners. On Tuesday May 14th we aim to equip you with the latest insights and practical guidance to navigate these developments.

Throughout this conference, we will delve into the following critical topics:

❖ Staying Current in Medical Negligence: Stay ahead of the curve by exploring the latest legal developments impacting medical negligence claims. Gain insights into open disclosure, emerging case law on the independence of expert witnesses and the thorny issue of delay.

❖ The Personal Injuries Resolution Board Act 2022: Understand the recent reforms introduced by the Personal Injuries Resolution Board Act 2022, including the expansion of the PIAB's remit to deal with injuries that are partly psychological in nature, the procedure to deal with long term injuries and the potential impact on claims procedures. Gain valuable insights into the new mediation process and understand how sanctions have been strengthened.

❖ Striking a New Balance: Changes to Occupiers' Liability: Learn about recent changes to the Occupiers Liability Act,1995. Gain a clear understanding of the duty of care to visitors, recreational users and trespassers. Gain insights into the key changes introduced in relation to voluntary assumption of risk and what “reckless disregard “now means. Understand the extent to which the scope of occupiers’ liability to criminal entrants has been altered.

❖ The Personal Injury Guidelines: How are they Operating in Practice: Explore how recent judicial decisions have interpreted and applied the Personal Injury Guidelines. Gain crucial insights into how courts are assessing the value of different types of personal injury claims in practice, particularly multiple injuries. Understand the principles in relation to how the uplift should be applied.

❖ The Cost Risks of Instituting Proceedings in the Wrong Court: Mitigate the risks of incurring unnecessary financial penalties and delays by gaining a clear understanding of the jurisdictional landscape and the potential consequences of issuing proceedings in the wrong court.

Why Choose This Course

Our esteemed speakers, recognised experts in their respective fields, will:

Share their comprehensive knowledge and practical guidance on these critical topics.

Offer valuable insights into the evolving legal landscape and its practical implications for personal injury claims.

Engage in an interactive session, providing you with the opportunity to ask questions and address your specific concerns.

Course Syllabus

Recent Developments in Medical Negligence

Open Disclosure:

  • The Patient Safety Act, 2023 was enacted in 2023. While the Act has yet to be commenced, it represents a move from a voluntary to a mandatory scheme of open disclosure.
  • What constitutes a notifiable incident?
  • Is information provided during the course of an open disclosure meeting admissible as evidence in proceedings?
  • What are the sanctions for non-compliance?
  • Discoverability of confidential statements submitted to a hospital risk management enquiry:
  • Can open disclosure trump confidentiality of such statements? O Keeffe v Rotunda Hospital

Renewed Focus on Independence of Expert Witnesses

  • The overriding duty of an expert to provide truthful, independent and impartial evidence to the court.
  • What are the implications should an expert align their opinion with the interests of the party who instructed then rather than remaining impartial?
  • Can the court exclude the expert’s opinion? Duffy v Brenan MeGee and Anor
  • Is there a risk that the court might favour the other party’s expert evidence? Crumlish v HSE

Delay in Serving Proceedings

  • Byrne v Adelaide and Meath Hospital, St James Hospital, Ronan Ryan and HSE: what approach did the court take to the “special circumstances” test where despite “the inadvertence of the solicitors for the plaintiff to serve the summons during its currency, the delay was compounded by the failure of the hospital to provide the medical records as requested in an accessible format”?

Delay in Progressing Medical Negligence Claims

  • The application of the Primor test: what circumstances are likely to lead to a dismissal of proceedings? recent judicial decisions and trends.

The Personal Injuries Resolution Board Act, 2022

The legislation enhances the role of the Board and represents a further step in the reform of the personal injuries framework in Ireland. It reforms the PIAB process in a number of ways which have important implications for litigation practitioners.

This section of the seminar will address the following:

  • The new mediation process: what practitioners need to know.
  • The Board’s expanded remit to deal with claims which are wholly or partly psychological in nature.
  • The Board’s procedure for dealing with long-term injuries.
  • Costs and cost protection: what are the costs implications where a claimant brings proceedings following an assessment accepted by the respondent, but fails to recover an award higher than the assessment?
  • Fraud Prevention: how have the sanctions been strengthened for knowingly or recklessly providing false or misleading information in relation to an application?

Striking a New Balance: Changes to Occupiers’ Liability:

  • Implications of the Courts and Civil Law Miscellaneous Provisions Act, 2023.
  • Changes to the provisions of the Occupiers’ Liability Act 1995.
  • The ambit of the duty of care to visitors: How is this determined and what are the factors   which a court must now consider in determining an occupier’s liability?
  • The duty of care to recreational users and trespassers.
  • Reckless disregard: What does this now mean?
  • Voluntary assumption of risk: What key changes have been introduced?
  • To what extent has the scope of occupiers’ liability to criminal entrants been altered?

The Personal Injury Guidelines: How are they Working in Practice?

  • What is the correct approach to the assessment of damages in cases involving multiple injuries?
  • Is each injury valued separately or does the plaintiff obtain” full value for the dominant injury with the discount being applied, if it is to be applied, to the lesser injuries”?
  • What principle was enunciated in McHugh v Ferol in relation to how the uplift should be applied?
  • To what extent is the principle of proportionality relevant in this context?
  • What helpful “reality check” did Noonan J apply in Agnieszka Zaganczyk v Pettit Wexford Unlimited Company and CM Delaney Ltd to ensure that proportionality was achieved?
  • Wolfe v PIAB and Mater Misericordiae Hospital: What are the implications of this decision for assessments by PIAB?
  • Is PIAB now required to provide the basis on which the assessment amount has been calculated in relation to lesser injures where a dominant injury has been identified?

The Cost Risks of Instituting Proceedings in the Wrong Court: 

  • Mitigate the risks of incurring unnecessary financial penalties and delays by gaining a clear understanding of the jurisdictional landscape and the potential consequences of issuing proceedings in the wrong court.

Register to attend:

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Course DatesLocationPriceSpaces LeftBook
14/05/24
i

14/05/2024 14:00 - 17:45

Zoom Online €150.00 182

Meet the panel

William Binchy

Barrister at Law

Patrick Groarke

Senior Counsel

Ciara McPhillips

Principal Solicitor, Michael Boylan Litigation Law Firm

Conor Cunningham

Senior Associate in the McCann FitzGerald LLP Dispute Resolution and Litigation Group

Sara Moorhead SC

Senior Counsel and a CEDR Accredited Mediator

Register today, attend live and watch back on-demand