The Zenith Personal Injury Group conference on Personal Injury Lawyers and the Ageing Population took place on the 24th June. For those who couldn’t attend here is our attempt to give a flavour of what went on.
The Powerpoint projector did not work for the first 45 minutes. (We struggled on despite Gordon Exall’s highly technical explanation of the problem – “that machine is not talking to this machine“). The delegates understood(one of them fixed it for us).
JUSTIN ON LIABILITY
After hearing the statistics about the ageing population (we are all getting older) Justin Crossley spoke on liability and the elderly. Does an older person owe a different duty of care? Is a higher duty of care owed to an older person? Are there different principles of care relating to contributory negligence.
GORDON ON DAMAGES
Thereafter Gordon Exall spoke on damages and the elderly client, looking at case law in relating to causation, supervening events and the issue of whether general damages should be lower if the claimant is older.
FRENKEL TOPPING ON THE CARE ACT
We were lucky enough to have Lynn Buckley and Craig Barraclough from Frenkel Topping talk on the Care Act. It creates as many problems as it solves. There is great ambiguity in relation to the treatment of personal injury damages, to the extent that Frenkel Topping are seeking an opinion from Leading Counsel.
THE WORKSHOP (QUIZ) ON DAMAGES
The workshops were run by Colin Richmond, Chris Rafferty, Elliot and Bronia Hartley.
The teams were invited to give themselves names. This is the result.
AND THERE WERE PRIZES…
These were highly prized. Note the extra stars. (Lynn was so pleased with hers she took this photo).
SPEAKERS ON CAPACITY AND THE COURT OF PROTECTION
The afternoon saw Nichola Phillipson and Kate McKinlay talk on capacity issues and the Court of Protection.
(Nicki cheered us all up with those immortal words “We are all going to die sometime, thats for certain”).
Kate cheered us up with stories of her granny and living independently at the age of 92 (her granny not Kate).
FINALLY (AND FIRSTLY) WE HAD A GOOD CROWD
They accepted the (very capricious ) point scoring system for the quiz with grace and dignity (considering the value of the prizes).
WHAT WE TOOK AWAY
- This is a very big topic and it is going to get bigger and more important.
- The Care Act is far from being a panacea and will cause problems in itself.
- We are all getting older.
- There are many issues touched on today which we are going to explore in much greater detail in the future.
- People can get very competitive over a packet of Werthers originals with stars on.
SORRY TO HAVE MISSED IT? MORE TALKS COMING SOON
Don’t forget that the personal injury group have a whole series of lectures in the Wine & Wisdom series (and that wine replaces the Werthers in those talks).
The details are available here.