Strapline
A leading set specialising in commercial, construction, insurance and property law
An introduction to Professional Negligence claims arising out of Personal Injury claims
16 Apr 2019, 17:00 - 19:00
Hardwicke, Hardwicke Building, New Square, Lincoln's Inn,London , WC2A 3SB
Many professional negligence claims arise out of the mishandling of personal injury claims. In this seminar, Aneurin Moloney, Helena Drage and Jasmine Murphy will guide you through how to avoid the elephant traps by covering the following topics:
Liability:
• Missing limitation and under-settlement
• Limitation arguments
• Failure to mitigate and pursuing the original defendant
• Scope of the duty and standard of care
• Lessons to be learned from Perry v Raleys Solicitors
Quantum:
• Loss of a chance
• Timing of likely settlement/trial
• Retrospective valuations
• Late evidence/worsening of claimant’s condition
• Deductions from the award in the personal injury claim
• Interest
Pre-action, tactics and disclosure:
• Using the Protocol to your advantage
• Letters of claim/response
• Disclosure
• Evidence
• Settlement
Programme
17:00: Registration
17:30: Presentations
19:00: Drinks and Canapés
Speakers
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Jasmine MurphyJasmine specialises in personal injury and professional negligence cases involving solicitors.
Representing both Claimants and Defendants, Jasmine is known for her particular expertise in cases involving the Animals Act 1971 or the Montreal Convention. Jasmine is consistently ranked in the Legal 500 as a Leading Junior with her attention to detail and client handling skills being noted as particularly strong skills by those who instruct her. In addition Jasmine is an accredited ADRg Mediator.
Jasmine regularly delivers seminars in house and for external training organisations. She is an editor of the Personal Injury and Quantum Reports and is a sub-editor of Kemp & Kemp: The Quantum of Damages.
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Aneurin MoloneyAneurin specialises in clinical negligence and personal injury claims. His clinical negligence practice covers a wide range of medical disciplines. He is regularly instructed in claims arising out of delays in diagnosing cancer, delays in diagnosing neurological conditions (such as stroke and subarachnoid haemorrhage), surgical errors, and hospital acquired infections.
He also has related expertise in inquests and medical product liability.
When called to the Bar in 2013, Aneurin had already built up considerable experience at two solicitors’ firms. As well as practical experience, this has given him a good understanding of the pressures under which solicitors operate and the need to be clear and mindful of costs.
Outside of the law, he has a keen interest in watching and playing cricket and has followed the England team to Sri Lanka, Australia and South Africa. He also supports Bristol Rovers, although this is more of a duty rather than a hobby!
He also finds the time to run a clinical negligence blog.
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Helena DrageHelena accepts instructions in all areas of our work and has a particular interest in personal injury and clinical negligence. Helena frequently appears in the County Court for Claimants and Defendants in trials, applications and case management hearings. She has also appeared in the High Court on multiple occasions in her own right.
She is developing a reputation as a persuasive and effective advocate who is always thoroughly prepared. Her instructing solicitors are always impressed with her precise and organised approach.
Before coming to the Bar, Helena was a Visiting Researcher at the Centre for the Humanities and Health at King’s College London. Her research and teaching centred on bioethics and global health justice. She has spoken on these topics at the University of California, Berkeley and Columbia University, New York.