SERIES OF 10 WEBINARS ON PERSONAL INJURY DAMAGES: AND YOU CAN BUY A “SEASON TICKET”

March 13, 2025 · by · in Clinical Negligence, Damages, Personal Injury, Webinar

The APIL Damages Series is 10 webinars looking at key elements of law and practice relating to personal injury damages.  The webinars can be bought and watched individually. APIL has a special offer for all 10, details available here.

 

 

(A reminder that you can also buy the book, published on 27th November 2024, here).

 

Proving damages – the claimant lawyer’s basic task – 19th March 2025: Booking details available here

The claimant lawyer in a personal injury or clinical negligence claim has a difficult task in making sure that damages can be claimed fully and properly, whilst at the same time not inflating expectations and putting the client in danger of allegations of dishonesty.

The webinar looks at the challenges facing practitioners having to prove damages at trial.

It looks at those cases where claimants have failed to establish damage, or key heads of loss and the practical steps that can be taken to ensure that losses are established at trial

It also looks at the dangers of claiming damages that can not, in fact, be proven. These include the risk of an allegation of fundamental dishonesty

  • The “pitfalls” of damages claim
  • Schedules of damages
  • Learning from other people’s mistakes…
  • Proving pain and suffering
  • Proving loss of earnings
  • Claims for care
  • Taking care to protect the client

Damages for pain, suffering and loss of amenity: Recent cases and lessons to learn from them: 8th April 2025: Booking details available here 

Awards for pain and suffering are made in every personal injury case. However the law and principles relating to these awards are rarely considered by practitioners. This webinar takes a close look at recent awards to enable practitioners to know, in a practical way.

Issues to be covered include:

  • Damages for pain and suffering and the law
    • What is being compensated?
  • How important are “comparable” cases and the Judicial College Guidelines?
  • Practical points for claimants trying to prove pain and suffering
  • Where things can go wrong for claimants
  • The indexation of awards and the latest Judicial College Guidelines
  • How does the case deal with distinct injuries?
    • Awards for clinical negligence where there are two distinct and different injuries
  • Pain and suffering following an unlawful assault – injuries to the eyesight and scarring
  • Dental injuries
  • Awards for battery, false imprisonment and aggravated damages
  • Damages for sexual abuse and psychiatric injury
  • The court’s approach to multiple injuries

 

Accommodation and appliance claims – The Cases since Swift -v- Carpenter: 15th April 2025:  Booking details available here

This webinar looks at issues relating to accommodation and appliance claims and the practical effect of the decision in Swift -v- Carpenter.

  • The decision in Swift -v- Carpenter
  • The examples given in Swift -v- Carpenter
  • How Swift has been applied in the courts
  • What happens if the claimant was only ever going to live in rented property
  • The law and practice relating to aids and appliances.

 

Recent cases on loss of earnings: What can we learn from them:  23rd April 2025: Booking details available here 

 

Each claim for loss of earnings gives rise to unique issues. This webinar looks at how loss of earnings claims have been dealt with, in practice, in the courts in recent decisions.

  • Cases where no award was made
  • Where the claimant has a residual earning capacity
  • Should the multiplier for residual earning capacity be the same as the multiplier for loss of earnings?
  • Issues relating to self employed claimants
  • When £2 million was claimed and £23,000 awarded – the evidential issues
  • How loss of earnings claims have led to fundamental dishonesty being found
  • “Unreliable Schedules” and the striking out of claims for loss of income

The webinar will look at the practical implications of each case

 

Drafting Schedules of Damages: 29th April 2025:  Effective drafting and avoiding the pitfalls: Booking details available here

This webinar looks at the rules, cases and guidance on drafting a Schedule of Damages. It aims to help practitioners avoid the problems that judges regularly identify.

  • Cases where the schedule has gone wrong
  • Judicial criticism of schedules
  • Getting the schedule right
  • The problem of proving damages and the difficulties that arrive when you can’t prove them
  • Evidence and damages
  • Recording the information given to you and the advice given
  • Schedules that have led to assertions (and findings) of fundamental dishonesty
  • Establishing the costs on assessment

Dealing with the Counter-Schedule and the Defendant’s arguments in relation to damages: 7th May 2025: Booking details available here

Much of the task of the claimant lawyer concentrates on the task of building up the claim for damages to ensure proper compensation. However it is essential that the lawyer if fully aware of the arguments, case law and principles that can lead to a reduction in damages.

This webinar covers:

  • The importance of reading the counter-schedule
  • Assessing points made in the counter-schedule
  • Causation arguments and the reduction of damages
  • Arguments about mitigation of loss
  • The schedule and recoupable benefits
  • The schedule and non-recoupable benefits.

Avoiding problems with claims for loss of earnings – A checklist: 14th May 2025: Booking details available here 

This webinar looks at claims for loss of earnings from the point of view of ensuring that everything goes smoothly. The emphasis is looking at problem areas, at cases where things have gone wrong and avoiding potential problems.

  • The law as to loss of earnings
  • How a claim for loss of income is calculated
  • Where things go wrong in loss of earnings claims
  • Multiplier and multiplicands
  • Disability in the labour market, evidence and practice
  • The Blamire award
  • Awards for loss of congenial employment
  • The self-employed claimant
  • The schedule of damages and claims for loss of earnings
  • Proving loss of earnings at trial – some practical examples

What to do if the Defendant makes an early Part 36 offer 2025: 21st May 2025: Booking details available here 

The making of an early Part 36 offer can cause major problems for claimants and their lawyers. An understanding of the rules, the relevant cases and the steps that need to be taken  when a Part 36 offer is made before a claimant is able to properly assess their case is essential to all those involved in litigation.

This webinar addresses those issues including:

  • Why a Part 36 offer can never be ignored
  • The rules relating to late acceptance
  • The case law  relating to late acceptance – cases that may help and cases that don’t
  • The practical steps the claimant’s lawyers can do to mitigate the risks
  • Assessing the risks and advising the client

Avoiding undersettlement – Protecting the client and protecting yourself: 29th May 2025: Booking details available here

 

This webinar looks at those cases where allegations of under settlement have been made against claimant solicitors, looking at the factors that lead to a court finding whether there was negligence when a case was settled or litigated.

“We go back through your claim in fine detail and if we find that your previous solicitor wasn’t thorough enough and your claim was mishandled, we’ll squeeze out all the compensation that you’re entitled to, getting you more money, and we won’t rest until we get you every last penny… All on a no win, no fee basis.’”
(An advertisement looking for clients dissatisfied with the work of their personal injury solicitor)

This webinar looks at those cases where allegations of under settlement have been made against claimant solicitors, looking at the factors that lead to a court finding whether there was negligence when a case was settled or litigated.

  • Cases where negligence was found
  • Cases where negligence was not established
  • The webinar will then look at how you can develop a  strategy for avoiding allegations of under settlement.

DAMAGES QUESTIONNAIRE

Included with the webinar is a detailed damages questionnaire which helps the lawyer and the client collect the best information and to reduce the risks of allegations of undersettlement.

 

Periodical payments and Provisional Damages 2025: 4th June 2025: Booking details available here

This webinar looks at recent cases in relation to periodical payments and periodical payments, including an interesting negligence case brought against solicitors who failed to claim provisional damages.

It then looks at the law, practice and procedure relating to provisional damages and periodical payments including how they should be presented in the schedule and the evidence that needs to be provided in support.

Matters to be covered include:

  • When is a claim for provisional damages appropriate?
  • Making a claim for provisional damages
  • Consequences of a provisional award
  • Causation
  • The obligation of the court to consider periodical payments
  • Factors involved in the exercise of the court’s discretion
  • Ensuring security for the claimant
  • Practice and procedure
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