Recent Cases Explored 

A one-day conference

8th September 2020

Talbot Hotel, Stillorgan, Co Dublin

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.   

Time

Description

8.15

Registration with tea, coffee and pastries

8.50

Conference Chairperson & Opening Remarks

  • How has Covid-19 affected the Claims sector, what do we need to prepare for?
  • Will there be future cover for pandemics, how can it be made possible to insure for such a crisis?

Charlie Weston – Personal Finance Editor- Irish Independent

9.00

Downward pressure on awards – the Judicial Council Act 2019 – 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

9.40

Defence Litigation strategies

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

  • Preliminary Assessment of the Claim
  • The Perils of Facebook
  • Admissibility of Facebook Evidence
  • Pleading Fraud
  • Section 8 of the Civil Liability and Courts Act
  • Differential Costs Orders

10.20

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

11.00

Coffee Break

11.30

Update on work of Cost Insurance Working Group

Speaker: 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

12.00

Whiplash – the Enigma Explained

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

  • Demystifying Whiplash
  • Medical evidence for best practice management of symptoms
  • How the recent Personal Injury Commission reports will change medical reporting in Personal injury litigation.

12.30

Employers Liability and Public Liability

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

1.00

Q&A session

1.10

Lunch and chance to network

2.00

Covid-19 – Business Interruption Insurance Claims

Speaker: Dorothea Dowling, founding former Chair of the Personal Injuries Assessment Board, Chartered  Insurer & Accredited Mediator

  • Central Bank of Ireland (CBI) letter 27th March 2020 to CEO’s of insurers of risks located in Ireland – various codes explored
  • Overview of pandemics in recent years and medical uncertainties 
  • Aggravated damages for insurers’ breach of insurance contracts
  • When ‘All Risks’ does not mean all risks
  • The Financial Services & Pensions Ombudsman under the spotlight 
  • Need for a Culture & Ethics Board to monitor the insurance industry?
  • A bonfire of red tape and useless documentation to refire our economic and cultural recovery 

2.30

Recent Judgements in Personal Injury claims

Speaker: Louise Smith, Partner at Ronan Daly Jermyn Solicitors

A commentary on recent Court decisions focusing on;

  • Calculation of General Damages;
  • Psychiatric Injury and Nervous Shock claims;
  • Cost Differential Orders;
  • The obligation and value of Affidavits of Verification

3.10

How AI is changing the fight against insurance fraud. 

Speaker: Máire Dowling, MD, The Cyber Security and Compliance Company

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

3.50

Q&A session

4.00

Conference close

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.

Anne ConlonAnne Conlon

Barrister-at-Law, The Law Library

Anne Conlon BL LLM, MA, MSc, is a practicing barrister working in the area of general practice specialising in employment law, medical negligence law and personal injury law. 

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Prior to being called to the Bar Anne worked for over 20 years as a General Manager in the private healthcare sector – a highly regulated environment.   

Anne completed a Master of Laws (Human Rights) at the University of Keele, a Master of Arts (Women’s Studies) at University College Dublin and a Master of Science (Healthcare Management) at the Royal College of Surgeons in Ireland.  In addition, Anne holds qualifications in employment law and data protection law. 

Anne is a research specialist providing training and research services for several high-profile organisations.  Finally, Anne has served as a Chairperson / director on both healthcare industry and NGO boards – including the Dublin Rape Crisis Centre.

Paula McCarthyPaula McCarthy

BComm International (Spanish), Barrister-at-Law

Prior to commencing practice at the Bar, Paula worked for some years in the IT sector and worked with multinational companies both in Madrid and Dublin.

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Paula was called to the Bar in 2009 and is practising for 11 years. Paula has a broad civil practice which includes commercial, chancery, banking, land and conveyancing as well as a criminal practice on the Cork Circuit.

Máire DowlingMáire Dowling

MD, The Cyber Security and Compliance Company

Máire Dowling is the Managing Director of The Cyber Security and Compliance Company

Dave FarrellyCharlie Weston

Personal Finance Editor

Charlie Weston is the personal finance editor of the ‘Irish Independent’.

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The country’s foremost personal finance journalist, he features weekly on ‘The Last Word’ on TodayFM, and is a regular contributor on RTE radio, NewsTalk and regional radio stations. He campaigns on consumer issues, with a focus on insurance costs, variable mortgage rates, credit unions and high motor insurance premiums. Charlie was honoured with an Outstanding Achievement Award at the annual Business Journalists’ Association and Smurfit Business School journalism awards in 2016. He was chosen as Campaigning Journalist of the Year in 2018 for his work breaking the tracker mortgage scandal story. He has won numerous other journalism awards.

Dorothea DowlingDorothea Dowling

CHARTERED INSURER, FORMER CHAIR OF PERSONAL INJURIES ASSESSMENT BOARD AND OF MOTOR INSURANCE ADVISORY BOARD

Dorothea Dowling is a Chartered Insurer, as well as an accredited mediator

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Among a number of professional qualifications holds a Masters of Law, but 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 which were accepted by Government in 2002, including establishment of the Personal Injuries Assessment Board, that reduced the cost of insurance by 40% over the succeeding decade.

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

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. 

Email: bookings@cmgevents.ie

   Telephone:+353 1 2933650

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

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