Conference: Vulnerable Parties – a Multi-Disciplinary Perspective

Join us at The View in the Royal College of Surgeons on Thursday, 6th March for our half day conference focusing on Vulnerable Parties.

This conference will provide a legal update on the current position of vulnerable parties/witnesses and participation directions in civil and family courts.

Overview

Practitioners in Personal Injury, Clinical Negligence, Family and Court of Protection meet, represent, and interact with some of the most vulnerable individuals in society. How those individuals are best represented, engaged in court proceedings and, ultimately, have access to justice and not cause them to endure further harm has been a topic of increased conversation in recent years.

The conference programme includes expert talks on vulnerability, participation directions, and how intermediaries can assist parties and the court in each of these practice areas. A panel discussion involving experienced solicitors and Deka Chambers barristers will consider issues we face in practice, possible tips and solutions and thus learning potential best practices.

Practitioners will be aware of the new Civil Procedure Practice Direction 1A and guidance from the Civil Justice Council, the Family Justice Council and other available professional guidance, but how these recommendations are implemented in our own practices and during litigation can be inconsistent. Deka Chambers, as a leading common law Chambers, offers a unique opportunity for practitioners from each of those areas to consider what can be learnt from others, how we can improve our own practices, and how we can better accommodate vulnerable clients and witnesses to enable the best evidence to be before a tribunal and thus achieve proper and fair outcomes for cases at any stage.

This programme is aimed to be practical, accessible for personal injury, clinical negligence, family and court of protection practitioners, and provide stimulating discussion on the important area of vulnerable parties. The conference will be followed by a drinks and canapés reception, providing the opportunity for further discussions.

Programme

13:15 Teas and Coffees on Arrival

13:35 Welcome
Laura Johnson KC, Joint Head of Personal Injury at Deka Chambers

13:45 Vulnerability in Practice
Dr Alisdair Radcliffe, Clinical Psychologist
Dr Radcliffe will explore vulnerability from a clinical perspective, discussing the case of Bournewood, looking at the code of practice, considering the term vulnerable in a position of capacity and looking at the protectionist prerogative and vulnerability.

14:20 Vulnerable Parties and Participation Directions – Where are we now? A Legal Update.
Laura Hibberd and Kyah Mufti, Barristers at Deka Chambers
Laura and Kyah will provide an update on civil and family case law, and discuss practice directions, court guidance, advocates’ gateway toolkits and training.

14:55 Afternoon Break and Refreshments

15:15 Intermediaries and Communication Disability: Participation Considerations for Vulnerable Clients
Nicola Lewis and Liz Prosser, Court Approved Intermediaries working with the Intermediary Cooperative
Nicola and Liz will discuss the intermediary role, exploring when to utilise intermediaries and how to make effective court applications for intermediary support, referencing the recent Guidance on their use in Family Court. Their discussion will encompass their activities in the Family Court and Court of Protection, as well as the potential role of intermediaries in Personal Injury cases. Liz will also share her valuable perspectives drawn from her extensive intermediary experience and her qualifications as a specialist speech and language therapist focused on communication disabilities in the context of traumatic brain injury.

16:00 Panel Discussion: Vulnerable Parties and Participation Directions in Practice – a Multi-Disciplinary Discussion
Chaired by Lisa Dobie and William Dean, Barristers at Deka Chambers
With HHJ Maclachlan; Nicola Lewis, Court Approved Intermediary; Alia Lewis, Director and Solicitor, Duncan Lewis Solicitors; and Huw Ponting, Partner and Head of Personal Injury, Enable Law
If you would like to submit a question in advance for the panel to consider, please email events@dekachambers.com

16:45 A View from the Bench on Vulnerable Parties and Participation Directions
HHJ Maclachlan
HHJ Maclachlan will talk about her practical experiences of managing cases with vulnerable parties, participation directions and some of the practical considerations it would be helpful for advocates to have greater awareness of.

17:20 Closing remarks
Edward Lamb KC, Head of Court of Protection at Deka Chambers

17:30 Drinks & Canapés Reception

To book your free place please email events@dekachambers.com