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Wilberforce Professional Liability Conference: Unravelling the Causation Kn...

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The Brewery

52 Chiswell Street

London

EC1Y 4SD

United Kingdom

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This is our 10th annual Professional Liability Conference and we are focusing on new trends and emerging issues in the field. Our speakers showcase the strength and depth of the expertise at Wilberforce Chambers, whilst the workshops will provide a forum for in-depth discussion about topical strategic and procedural problems.

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8.30am Registration and Breakfast

9.00am Welcome from Chairperson Clare Stanley QC

9.15am What is “res inter alios acta” and how can you make it work for you? Jonathan Seitler QC

  • What do we know about how and when the principle kicks in?
  • What is ‘collateral' and how do you distinguish it from what is ‘direct'?
  • How does the principle fit with other rules in the law of damages?
  • Is it all clear now after Swynson v Lowick Rose?

9.35am Tiuta v De Villiers under the spot light; the but for test of causation revisited Joanna Smith QC

  • Is a valuer to be held liable for a lender’s pre-existing loss in the shape of a first loan where that lender uses a new second loan made in reliance on negligent valuation advice to discharge the first loan?
  • How does the Nykredit basic comparison operate in such a case?
  • The relationship between factual and legal causation
  • The significance of the decision in Swynson v Lowick Rose
  • The arguments in the Supreme Court in Tiuta v De Villiers explained

9.55am Reflective loss in professional liability claims against advisers and directors – how far does it go and how to get around it Graeme Halkerston

  • Failed investment structures and dubious directors - when the doctrine might apply
  • Shareholders – The traditional scope of reflective loss
  • Non-shareholders – How wide is the principle?
  • What claims are excluded?
  • Ways of getting around reflective loss issues

10.15am Break

10.45am SAAMCO: where are we now? Charlotte Black

  • Hughes-Holland v BPE Solicitors [2017] UKSC 21 (also known as Gabriel v Little)
  • Duty to provide information vs duty to advise – the latest position
  • Consideration of ‘the SAAMCO cap’
  • Cases overruled by Hughes-Holland

11.15am Workshops

W(A) Professionals Assuming Duties Of Care to Third Parties: Clare Stanley QC, Zoe Barton and Jamie Holmes

  • What is the test for the assumption of responsibility to a non-client?
  • White v Jones – how far can the principle can be expanded beyond will drafting cases?
  • What if there is a conflict between the duty assumed and your duty to your client?
  • Having assumed a duty, what is its scope?
  • Causation of loss

W(B) Loss of a Chance Lexa Hilliard QC, Tiffany Scott and Tom Robinson

“You get what you settle for”
– Thelma and Louise –

  • Categories of loss of a chance
  • Tests for establishing a claim for loss of a chance
  • How to calculate damages for loss of a chance
  • When is loss of a chance not loss of a chance

W(C) Directors who use companies for illegal activity: Sebastian Allen, Simon Atkinson, James Ayliffe QC and Joseph Steadman

  • Whom can a company sue?
  • When might a company succeed?
  • What could a company recover?

W (D) Causation, Contribution and Mitigation: Lawrence Cohen QC, Julian Greenhill and Elizabeth Houghton

  • Factual and legal causation: the “but for” test and remoteness
  • Intervening causes and counterfactuals
  • The requirements for contributory negligence and contribution claims
  • Limits on the duty to mitigate

THE 5 MINUTE PITCH
Chaired by Jonathan Seitler QC, Marcia Shekerdemian QC, Jonathan Davey QC, Tiffany Scott, Jamie Holmes, and Elizabeth Houghton will each pick a case from the last 100 years and attempt to persuade you that it is the most important case decided in the professional liability sphere. They will have 5 minutes each. Who is the most effective? You, the audience, will decide.

1.00pm Closing - Clare Stanley QC

1.10pm Lunch and refreshments

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Date and Time

Location

The Brewery

52 Chiswell Street

London

EC1Y 4SD

United Kingdom

View Map

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