0930
Registration and coffee
1000
Chairman’s Introduction
Which 7 traits do all successful litigators share?
Rod McKenzie
Founding Partner and Head of Litigation, Harper Macleod
“One of Scotland's best known litigators" - Legal 500; and "a massive name in sports litigation" - Chambers
1015
‘With the possibility of a multi-party procedure for the Scottish courts, how can you position yourself to secure lucrative class-action business?
Joyce Cullen
Partner, Brodies
"The jewel in Brodies' litigation crown. She heads the litigation team and brings more than 25 years' worth of experience to the table" - Chambers
1045
Is the litigation-funding industry offering clients advantage, potency & a worthwhile service - and should you endorse it?
Brent Haywood
Partner, Biggart Baillie
"Client-oriented, responsive, direct, good at considering the options and unafraid to deliver bad news” - Chambers.
1115
US research indicates that whereas defendants often adopt risk-seeking litigation strategies, claimants adopt risk-averse strategies. Does this finding hold true in the UK and if so, what does it imply for settlement offers and managing client behaviour?
Craig Connal QC
Partner and Head of Specialist Advocacy Team, McGrigors
"Hugely revered… a key individual in McGrigors' team and a major draw for the firm" - Chambers.
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1145
Morning coffee
1200
In a contentious process fraught with difficulty, how far can you - should you - go for the client and to what extent is drive and commitment a more valuable asset than a good legal case?
Peter Anderson
Partner, Simpson & Marwick
"One of the leading litigators, not only in Scotland but in the country" - Chambers. Part-time Sheriff since 2003 is a Chairman of the ICAS's Discipline Tribunal
1230
If litigation is a coercive commitment and a form of economic violence, to what extent does mediation and arbitration lack the teeth the client wants and therefore add time and costs to a claim?
Heriot Curie QC
Axiom Advocates
"Clinically analytical and decisive" - Legal 500
1300
Lunch
1400
Facing a welter of claims, are the professional negligence insurers and other "deep pockets" in the mood to settle quicker, fight harder or brush it off as business as usual?
Tim Edward
Partner, Maclay Murray & Spens
"Highly regarded by his peers, he is described by clients as through, level headed and someone you can trust to do an excellent job" - Chambers
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1430
Under current case-law, where is the tactically acceptable boundary for (1) preparing non-expert witnesses to tell the truth effectively and (2) guide and directly question expert witnesses?
Robin MacPherson
Partner, Brodies
"Has an ability to find an expert witness who can prepare a report which hits the nail on the head" – Chambers
1500
Without partiality, which is the most effective system for securing information through electronic recovery while minimising cost, bureaucracy and haggling?
John Barrie
Partner, Morton Fraser
1530
Afternoon tea
1545
Specific issues of note for advanced litigators regarding tactics and case law
Issue 1:
Mis-selling and fraud
Issue 2:
Establishing hypothetical actions
Issue 3:
Undertakings and legitimate expectations
Issue 4:
Valuing property based claims in a falling/rising market
1645
Questions and discussion
1700
Close of conference
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