Periodical Payments
On April Fool's Day, 2005 the long awaited power to impose periodical payments was finally introduced. All practitioners are now faced with a regime that is radically different from the lump sum approach to calculations with which we have worked for so long.
This seminar will address the key provisions and practical implications of the new regime including the likely attitude of the judiciary, issues of procedure (Part 41), Part 36 payments and offers to settle, indexation, variation and the advantages and disadvantages form the point of view of claimants and defendants.
A key question will be whether this new regime will or will not have a radical impact upon the future of personal injury litigation and what practitioners should do to take advantage of these changes.
Michael Tillett QC has an established practice in the field of personal injury law embracing advocacy and advisory work at all levels. He specialises in cases involving catastrophic injury caused by clinical and other negligence. He acts for and advises claimants and defendants on instruction from private clients, Unions and many mainstream insurers in cases involving the liability of drivers, occupiers, carriers, employers, organisers of sporting activity and professionals. He is a Recorder of the Crown Court, sits as Chairman of Mental Health Tribunals and is a co-author of the JSB Guidelines for the Assessment of General Damages.
William Norris QC, General Editor of Kemp and Vice-Chairman of PIBA, has been closely involved in the debate on periodical payments having written and lectured extensively on the subject in recent months. He is the author of the Judges’ Benchbook on Personal Injury Compensation and is a member of the Serious Injury and Clinical Negligence Committee of the Civil Justice Council. He was also a member of the Master of the Rolls’ Working Party on structured Settlements.
Christian Du Cann has acted in catastrophic personal injury claims for most major insurers (in particular Norwich Union, Axa, RSA and Zurich) and their respective panel solicitors for the last ten years as one of the most significant elements of his personal injury practice. He has been rated in Chambers Directory since 1988 as a Leading Junior in this field and in the last four years has appeared in court almost always against silks. He is fully conversant with the critical issues involved in such claims (life expectancy, multipliers, care packages, rehabilitation, re-housing) as well as the recurring liability issues in road traffic and work-place accidents, clinical negligence and public liability claims, holiday and sports accidents.
Richard Cropper is a Director of PFP Limited. He has been providing advice to recipients of personal injury damages for over seven years. Richard has provided expert financial advice in relation to Structured Settlements, periodical payments, investment management and specialist trust planning in over one thousand cases. He has been approved and retained by the Court of Protection as an alternative investment adviser to the panel stockbrokers.
Date: Tuesday 26th April 2005
Date Ends: Thursday 1st January 1970
Telephone: 020 7832 1194
Fax: 020 7353 3978
Email: emily.mathers@39essex.com
Address: 39 Essex Street
London
WC2R 3AT