Case Law Updates ● Implementation of PIC report on claims reform ● Cost of Insurance Working Group Update

● Post Brexit enforcement of awards against UK based insurance companies

A one-day conference

Royal Marine Hotel,
Dun Laoghaire, Co. Dublin

Date: 14th February 2019

The claims landscape in Ireland has changed dramatically over the last few years and the process has become more complex than ever. Recent efforts through the PIC Reports and recommendations, Cost of Insurance working Group and Personal Injuries Assessment Board (Amendment) (No.2) Bill 2018  will hopefully see some change for the better going forward. 

Book your place now!

5 Structured CPD Points

The aim of this conference is to give delegates a firm overview of what to expect in terms of changes in the claims management space over the next 12/24 months and how to prepare accordingly

CMG’s annual Claims Management conferences have been hugely successful and very heavily attended. Therefore we expect the 2019 conference to be again even bigger and better with a new revised programme of the latest issues affecting the sector and possible solutions to use going forward.

This is a must attend event for all professionals involved in the claims process, from barristers to solicitors, insurers, public and private sector bodies to name just a few.

Time

Description

8.15

Registration with tea, coffee and pastries

8.50

Opening Remarks by conference chairperson

Caroline Gill, Barrister at Law, former Insurance, Ombudsman, CEO Consumers Association of Ireland

9.00

Implementation of Personal Injuries Commission (PIC) report on claims reform

  • Judicial Council Bill: guidelines for judges when assessing general damages
  • Seeking informal arrangements with the judiciary when assessing general damages
  • The establishment of a Garda Insurance Fraud Investigation Unit
  • The standardisation of templates for medical examinations and assessments
  • Relevant PIC recommendations
  • Update on the Personal Injuries Assessment Board (Amendment)(No.2) Bill 2018

Speaker: Mr Justice Nicholas Kearns, Chairperson of the Personal Injuries Commission

9.40

Cost of Insurance Working Group Update

  • Update implementation of Motor Report
  • Update implementation of Employer Liability/Public Liability Report
  • Update on various associated legislative initiatives
  • Perspective on impact of work of the CIWG

Speaker: Cathal Sheridan, Principal Officer, Funds, Insurance, Markets & Pensions Division, Department of Finance

10.20

Post Brexit, Compulsory Motor Insurance, Insurer Data, Exaggerated Claims

  • Post Brexit enforcement of awards against UK based insurance companies
  • The EU Commission review on compulsory motor insurance
  • Longitudinal analyses of insurer data
  • Injury claims involving defectively insured vehicles & recent decisions from the European Court of Justice 
  • Is it a ‘Perfect Storm’ for Policyholders with so many reforms up in the air? 
  • A year of media coverage on exaggerated claims – do we learn more about the law from the newspapers than from the Courts?

Speaker: Dorothea Dowling, Founding Former Chair Personal Injuries Assessment Board, Chartered Insurer & Accredited Mediator

11.00

Coffee break and chance to network

11.30

Damages Update – Recent Case Law – High court cases successfully appealed

  • Court of Appeal decisions which reduced damages
  • It’s never too early to start thinking about the appeal! How post-trial appellate dynamics should influence pre-trial preparation and settlement negotiations. Current practice in different levels of the court system

Speaker: Eoghan Casey, Barrister-at-Law, The Law Library

12.10

Emerging areas of liability – stress and harassment / managing disciplinary processes to avoid litigation – Recent Case Law

  • A round up on damages awarded in civil cases over 2018. 

Speaker: Sarah Reid, Barrister-at-Law & Author

12.50

Q&A Session

1.00

Lunch and chance to network

2.00

Legal Costs for the Defendant

  • What are costs?
  • Difference between District/Circuit/High Court/Court of Appeal Costs.
  • Defining Costs in the Court Order.
  • Principle of Indemnity.
  • Controlling legal costs.

Speaker: Ryan FitzGerald solicitor and managing director of DFG Legal Costs Accountants

2.40

Motor Claims – Recent Case Law

Motor Claims Fraud, and how it escalates to personal injury fraud

  • Recent experience in motor claims fraud
  • How an exaggerated motor claim can escalate to personal injury fraud 
  • Example of how a motor claim can be easily exaggerated
  • Poorly handled claims – How the insurance companies allow the claimant to justify committing fraud
  • How motor claims fraud can be detected and prevented

Speaker: Paul Corcoran, Director of Fraud Works Ireland Ltd. and body shop owner

3.20

Trends and recent developments in medical negligence cases

  • Numbers, types and trends in claims
  • The involvement of the PIAB in medical cases
  • The statute of limitations: date of discoverability
  • Open disclosure and the Patient Safety Bill 2018
  • Possible reforms

Speaker: Roger Murray, Joint Managing Partner, Callan Tansey

4.00

Conference Close

This conference content and advice will relate to all involved directly or indirectly in the claims process from solicitors, barristers, government departments, semi-state agencies, insurers, healthcare professionals, corporate firms and consultants.

There will be 5 structured CPD points awarded to all attendees at this conference from the CPD certification service

Dorothea DowlingDorothea Dowling

Founding former Chair of the Personal Injuries Assessment Board, Chartered Insurer & Accredited Mediator

Dorothea Dowling is a Chartered Insurer, as well as an accredited mediator, and among a number of professional qualifications holds a Masters of Law.

Read more

She is probably best known as Chair of the Motor Insurance Advisory Board which was a statutory investigation into the cost of insurance that made 67 recommendations in 2002 which were accepted by Government including establishment of the Personal Injuries Asessment Board of which she was Chair until February 2014.

Justice Nicholas KearnsJustice Nicholas Kearns

Chairperson of the Personal Injuries Commission

Mr Justice Kearns was called to the Bar in 1968.

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His work over the next 30 years was primarily concerned with personal injuries work. He was appointed to the High Court in 1998 and thereafter to the Supreme Court in 2004. He was made President of the High Court in 2009, a position he continued to occupy until his retirement at the end of 2015. His work as a judge involved a continuing connection with personal injuries work. He also served as Competition judge in the High Court and has sat as an ad hoc judge of the European Court of Human Rights. In January 2017 Justice Kearns was appointed by the Minister for Jobs, Enterprise and Innovation as chairperson of the Personal Injuries Commission.

Eoghan CaseyEoghan Casey

Barrister-at-Law, The Law Library

Eoghan Casey BL primarily acts for institutional clients and insured defendants and has a civil/commercial practice.

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Before practising law he completed a degree in mathematical science and worked in finance, where he acquired experience with pricing models for risk events.

Caroline GillCaroline Gill

Barrister at Law, former Insurance Ombudsman, CEO Consumers Association of Ireland

Practising Barrister, Caroline previously held the positions of Insurance Ombudsman of Ireland, Deputy Financial Services Ombudsman and CEO of the Consumers’ Association of Ireland.

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Caroline is a Board member of the Pyrite Resolution Board of Ireland and St Patrick’s University Hospital, Dublin.

Sarah ReidSarah Reid

Barrister-at-Law, The Law Library

Sarah Reid LLB, LLM, BL is a practicing barrister specialising in personal injury and medical negligence.

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In recent years her area of specialisation has expanded to include the overlap between product liability laws, medical devices regulations and clinical negligence. In particular Sarah has focused her research on the defective PIP implants & DePuy recall of the ASR hip replacement system. Sarah is an associate legal expert with the Institute of Public Administration where she delivers specialised training in medical law, judicial review and courtroom skills to the public sector. She also lecturers Product liability law in Trinity College Dublin and is a guest lecturer in clinical negligence for the HSE & the Royal College of Surgeons in Ireland. In 2015 Sarah was appointed as legal counsel to the Oireachtas Banking Inquiry.

Cathal SheridanCathal Sheridan

Principal Officer, Funds, Insurance, Markets and Pensions Division, Department of Finance

Paul CorcoranPaul Corcoran

Director of Fraud Works Ireland Ltd. and body shop owner

Paul Corcoran is a body shop owner based in Co. Donegal.

Read more

He started his career in the crash repair business over 30 years ago, during which he has managed and owned body shops throughout Ireland, the UK and the United States. During his time in the business, Paul has gained a vast knowledge of motor claims fraud. He has recently set up a company, Fraud Works Ireland Ltd, which aims to tackle motor insurance fraud through extensive training with motor claims staff to detect and prevent fraud at the onset.

Roger MurrayRoger Murray

Joint Managing Partner, Callan Tansey

Roger Murray is Joint Managing Partner and Head of the Medical Negligence Department which has a national reputation for excellence. 

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He is the holder of a Gold Medal from UCD Law School and has 20 years’ experience in medical negligence and malpractice Litigation.
He has concluded many landmark medical misadventure and medical neglect legal cases (see below) and acted for families and patients in some of the largest medical negligence awards by the Irish Courts. 

He has experience of medical litigation of all types especially cerebral palsy, birth injury, brain injury, orthopaedic, surgical and delay in diagnosis.

He has represented bereaved families at inquests nationwide from Limerick to Belfast and was lead advocate for the Kivlehan and Rowlette families at the inquests into the deaths of Sally Rowlette and Dhara Kivlehan. 

Roger has lectured extensively for the Law Society Law School on medical law.  Patients and their families nationwide seek his advice.  He is a native of Co Kildare and attends court and meetings in Dublin on a weekly basis.

Ryan FitzGeraldRyan FitzGerald

Solicitor and managing director of DFG Legal Costs Accountants

Ryan FitzGerald is the Managing Director of DFG Legal Costs Accountants and a practising solicitor.

Read more

DFG Legal Costs Accountants has been in practise for over 10 years and has provided legal costs services for a number of insurance providers to include advising on the cost consequences of certain defences and after the fact legal costs. Ryan is an experienced litigator practising in defamation, personal injuries, and professional negligence actions.

Royal Marine Hotel, Dun Laoghaire, Co. Dublin

Early Bird Version 2 price: €450 + VAT

Please note the early bird discount can close sooner than expected once a certain amount of seats fill up, therefore your prompt booking is strongly advised to avoid disappointment

CMG Events Conference Discount

  • 10% discount for the third delegate booked or subsequent bookings thereafter from the same company.

The rate to attend includes morning tea/coffee and refreshments on arrival at registration, mid-morning tea/coffee and pastries and buffet lunch. You will receive the speakers PowerPoint presentations within 24 hours after the event. 

Tel: 01 293 4764

Email: bookings@cmgevents.ie

   Telephone:+353 1 2933650

Early bird version 2 price: €450 + VAT

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Payment for attendance is due within seven days from the date of invoice. This booking is transferable and a substitute attendee may attend on your behalf at no additional cost if you cannot attend. Cancellation of a booking must be received by CMG in writing by email or by post, no later than 14 days prior to the event or course date. Regrettably no cancelations or refunds can be made after this date. Cancellations will be charged an administration fee of 25% plus VAT.

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