Recent Cases Explored 

A one-day conference

Talbot Hotel, Stillorgan, Co. Dublin

Date: 11th March 2020

Insurance claims is a hot topic that never seems to be out of the news. Whether it is fraudulent claims, high insurance premiums or business closures due to extravagant claims and rising costs, Ireland is now being viewed as having an extreme claims culture.

The introduction of The Judicial Council Bill introduced in July 2019 is expected to allow judges to recalculate damages and produce guidelines on Personal Injury pay-outs.

Book your place now!

5 Structured CPD Points

Insurance companies are under the microscope as only a small number of fraudulent claims are being reported to the gardai resulting in higher premiums for consumers.

Some of the larger councils have had an increase in the number of personal injury claims against them in the last 2 years which would result in a substantial pay out to settle.

This conference will delve into the big issues coming down the track and what needs to be done to put some stability into the sector.   

Full Day Programme

Conference Chairperson & Opening Remarks

Charlie Weston – Personal Finance Editor- Irish Independent

Downward pressure on awards – the Judicial Council Act 2019 and the Perjury and Related Offences Bill

Speaker: Martin Scanlon Barrister-at-Law, The Law Library

  • The Personal Injuries Guidelines Committee
  • The current status of the Personal Injuries Guidelines
  • How the personal injuries guidelines can be expected to work
  • Developments on the Book of Quantum and how the guidelines can be expected to impact on the Book of Quantum
  • The proposed perjury legislation

Fraudulent Claims – Section 26 applications

Speaker: Mark Curran, Accredited Mediator, Barrister-at-Law, The Law Library

  • Section 26 explained
  • General principles of section 26 applications
  • “injustice” under section 26

Update on work of Cost Insurance Working Group

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

  • Context for work
  • General overview of recent developments
  • Specific update on work of Law Reform Commission
  • Specific update on implementation of Judicial Council Act
  • Update on any developments expected in the next 12 months

How AI is changing the fight against insurance fraud. 

Speaker: Dave Farrelly, Partner, DF Consulting 

  • Is there a case for AI in insurance claims?
  • Can AI reduce ‘suspicious’ activity?
  • What technologies are being used?
  • Implemented technology case study

Whiplash – A Health Professional’s view

Speaker: Dr Jean O’Sullivan Consultant in Emergency Medicine Lecturer in Trinity College Dublin 

  • Treatment for whiplash
  • Is it an overexaggerated injury?
  • Proving its existence
  • Payments- Extravagant or unnecessary
Defence Litigation strategies

Speaker: Paula McCarthy BComm International (Spanish), Barrister-at-Law

  • Preliminary Assessment of Claim
  • Fleshing out Fraud
  • Explicit Pleadings
  • Going to Trial 

 

Employers Liability and Public Liability- How it should be used in defence of a claim

Speaker: Anne Conlon, Barrister-at-Law, The Law Library  

  • Recent Irish case law including:
  • Employers’ duty to protect employees
  • Employer Liability “not unlimited”
  • An overview of developing English case law including:
  • Vicarious liability on the move – liability for independent contractors
  • Liability for an employee’s breach of GDPR

Recent Prosecutions- Judgements in Personal Injury decisions

Speaker:  Louise Smith, Partner at Ronan Daly Jermyn Solicitors

  • Case Study of recent cases
  • How they were handled
  • Why the result was that way in each example

Panel Discussion with experts in the Claims and Insurance field

  • Founding former Chair of PIAB 
  • Former President of the High Court

Jean O'SullivanJean O’Sullivan

Consultant in Emergency Medicine Lecturer in Trinity College Dublin

Dr. Jean O’Sullivan is an honours graduate of University College Cork (1999) and is currently a Consultant in Emergency Medicine at Tallaght Hospital and a lecturer in Emergency Medicine at Trinity College Dublin.

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In 2003 Dr. O’Sullivan was awarded a Diploma in Sports and Exercise Medicine at the Royal College of Surgeons of Edinburgh and in the same year was awarded the Membership Examination in Accident and Emergency Medicine at the Royal College of Surgeons of Edinburgh.

In 2004 she was awarded Membership of the Faculty of Sports and Exercise Medicine at the Royal College of Surgeons of Ireland.

Dr. O’Sullivan became a Fellow of the College of Emergency Medicine, London in 2008 and in 2012 successfully completed a Diploma in Forensic and Medico-Legal Medicine at University College Dublin. In 2008 Dr. O’Sullivan founded an international charity, Global Emergency Care Skills and has worked extensively throughout Africa. Dr. O’Sullivan is a member of the Medicolegal Society of Ireland and has worked as a medico-legal expert since 2008. In 2018 she was appointed to the Board of the Personal Injuries Assessment Board.

Louise SmithLouise Smith

Partner at Ronan Daly Jermyn Solicitors

Louise specialises in insurance defence work. A Partner in Ronan Daly Jermyn’s Litigation and Dispute Resolution team, she has considerable experience advising on motor, employers’, and public liability as well as indemnity claims for both insured and self-insured bodies.

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Louise is particularly well known for her work in the area of insurance fraud, defending fraudulent and exaggerated claims. She has a wealth of practical experience in dealing with such claims at all court levels across the country and liaises closely with clients in the formation of anti-fraud strategies.

Mark CurranMark Curran

Accredited Mediator, Barrister-at-Law, The Law Library

Mark Curran is a practising barrister and has a broad civil practice with a particular emphasis on personal injuries law, employment law and regulatory litigation.

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Mark is an experienced mediator and also sits as an adjudicator for the GAA Disputes Resolution Authority and the Leinster Rugby Disciplinary Panel.

Mark graduated from University College Dublin with a First Class Honours Degree in Business and Law and subsequently completed an LLM at the University of Cambridge specialising in commercial litigation. Mark is a member of the New York State Bar having completed the New York State Bar Exam in 2014.

Martin ScanlonMartin Scanlon

Barrister-at-law, The Law Library

Martin Scanlon BL was called to the Bar in 2012 and has a civil/commercial practice, including personal injuries.

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Before commencing practice at the Bar, Martin held roles as a judicial assistant to the Supreme Court, and in two large Irish firms, with a particular focus on representing insured defendants in medical negligence actions.

In 2017, Martin was appointed an Assistant Classifier by the Irish Film Classification Office.

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 to name just a few.

There will be 5 CPD points awarded to attendees at this conference. Please check directly with your association or awarding body to see how many points they will award.

Talbot Hotel, Stillorgan, Co. Dublin

SAVE BY BOOKING THE EARLY BIRD RATE TODAY

Early Bird Rate 2 – €435+vat per person

Normal Rate @ €495 + VAT.

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

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  • 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. 

Email: bookings@cmgevents.ie

   Telephone:+353 1 2933650

Early Bird Rate 2 - €435 + VAT per person. Normal Rate @ €495 + VAT.

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