Brave New World - Commercial Litigation Association

Transcription

Patron: Right Honourable The Lord Woolf of Barnes
Annual Conference 2013
Commercial Litigation
Strategies & Funding Options
in the
‘Brave New World’
Tuesday 14th May 2013
Dexter House, Tower Hill, London
CPD Registered with the SRA for 5½ hours
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The Commercial Litigation Association welcomes you to the Annual
Conference 2013:
Commercial Litigation Strategies & Funding Options in the
‘Brave New World’
Tuesday 14th May 2013
Dexter House, Tower Hill, London
Your conference pack contains:

Programme for the Day
Page 3

Delegate List
Pages 6 to 9

Speaker and Partner Profiles
Pages 4 & 5
& Page 10 onwards
CLAN champions the cause of all who are involved in the practice and
business of commercial dispute resolution in its broadest sense and
from every walk of professional life.
We keep the interests of our members uppermost in promoting best
practice and providing training of the highest quality and relevance.
CLAN is developing a strong national and international network by
representing the interests of commercial litigators with valuable
networking opportunities both nationally and internationally.
Amongst other aims, we reject the under funding of the civil justice
system and assert the need for the investment of court fees in the
civil justice system.
For further details of member benefits please visit our membership
page at www.comlit.co.uk
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8:30 Registration
9:00 Welcome by Tony Guise, Chairman of CLAN and Director of GUISE Solicitors
9:15 Keynote Address: The Honourable Mr Justice Ramsey
9:45 The Reform Debate: Debate the issues raised by The Hon. Mr Justice Ramsey.
An expert panel including Nick Rowles-Davies of Vannin Capital, Andy Ellis of
Practico and Susan Scott of Practical Law.
Moderated by David Chalk, CLAN Executive member
11:00 Working for Free? Assessing Clients and Opponents to Minimise Risk.
Red Flag Alert cover all aspects of business activity to assess and monitor the
performance of both clients and opponents.
11:30 Coffee break courtesy of our partners at Universal Legal Protection.
12:00 Over before its even started?
With the new form of CFA available and the option of DBAs revealed, we explore
the future for the commercial litigation business model.
Contributions from Martin Heskins, Policy Adviser on Civil Justice, Law Society
of England and Wales, Neil Mirchandani of Hogan Lovells, Paul Martin of
Fasken Martineau in Toronto and Tom Blackburn of Just Costs Solicitors.
Moderator: Professor Rachael Mulheron, Queen Mary University of London
1:00 Lunch courtesy of our partners at Omnia Software.
2:00 PR in Law: An introduction from Byfield Consultancy
2:15 Costs Management & Pricing Workshop
- The perspective from the judiciary: Steven Whitaker
- A practitioner’s view: David Foster, Partner, Barlow Robbins
The practicalities of costs management explored with examples of tools
available now to facilitate effective and successful management of costs.
Panel: Jim Diamond, Sue Nash of Omnia Software, Ben Hawkins of iCosts
and Stuart Ritchie.
Moderator: Mark Beaumont, Annecto Legal Ltd & CLAN Executive Member
3:30 Afternoon Tea courtesy of our partners at Annecto Legal Ltd
3:45 Mediation and Disclosure in a world of Costs Management
Managing e-disclosure and expectations effectively and efficiently, with
contributions from Daniel Kavan of Kroll Ontrack, Beverley Barton of
Practical Law, Dipti Hunter of DACBeachcroft (& CLAN Executive Member),
and Tim Wallis, Mediator at Expedite Resolution. Moderator: Mike Taylor of i-Lit
4:30 CLAN’s programme of work for 2013/2014: Tony Guise will lead the discussion.
5:00 Networking Reception courtesy of our partners at Byfield Consultancy.
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Headline Sponsor:
Additional Partners:
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Headline Sponsor:
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they safeguard intellectual property, investigate fraud within their organisations, and
protect their reputations from external threats.
E-Disclosure
Efficient and effective management of electronically stored information (ESI) is integral
to a successful litigation, regulatory inquiry or investigation.
Increasingly complex legal requirements and growing volumes of ESI have made the
disclosure process more daunting and expensive than ever before. The proper handling
of data, from identification through production, greatly decreases the costs of disclosure
and improves efficiency of the overall process.
Products & Software
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Email: [email protected]
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Delegate List
Delegate Name
Title
Company
Alison Bradley
Consultant
Keystone Law
Amanda Burge
Partner
Enyo Law
Amanda Jordan
Client Services
Just Costs Solicitors
Anabel Thomas
Partner
Enyo Law
Andew Wass
Partner
Withers LLP
Andy Ellis
Managing Director
Practico Limited
Anthony Smith
Managing Director
Legal Project Management Ltd
Arabella Musson
Business Development
Omnia
Ashmita Garrett
PSL
Freshfields
Bellamy Forde
Head of Litigation
McMilliam Williams
Ben Rigby
Journalist
CDR News
Beverley Barton
PSL
Practical Law
Bill Dixon
Partner
FSP Law
Bill Evans
Counsel
Vannin Capital
Bill Molloy
Partner
Fasken Martineau
Caoimhe Clarkin
Associate
A&L Goodbody
Christian Smith
Partner
Seddons
Costa Kypre
Consultant
Kroll Ontrack
Daniel Kavan
Managing Director
Kroll Ontrack
Darren Hanison
Partner
Robin Simon LLP
David Chalk
CLAN Executive
University of Winchester
David Foster
Partner
Barlow Robbins LLP
Dipti Hunter
Associate
DACBeachcroft
Edward Machin
Journalist
CDR News
Elena Tsap
Red Flag Alert
Emily Tearle
PSL
Travers Smith
Genevieve Labbe
Consultant
Annecto Legal Ltd
Geoff Silva
Director
Silva Legal Services
Gus Sellitto
Managing Director
Byfield Consultancy
Harkiran Hothi
Partner
Kirkland & Ellis International LLP
Hayley Pizzey
Solicitor
Shepherd & Wedderburn
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Delegate Name
Title
Company
Helen Matthews
Consultant
Bircham Dyson Bell
HHJ Ramsey
Royal Courts of Justice
Jaishee Kalia
Legal Business
James Gbesan
MLS
James Morrey-Jones
Consultant
Kroll Ontrack
James Scozzi
Solicitor / Head of Costs
McMilliam Williams
Jay Sahota
Partner
DMB Law
Jeff Lewis
Partner
Brabners Chaffe Street
Jeffrey Coorsh
Newlands-Horizons
Jemima Faircloth
Solicitor
Seddons
Jim Diamond
Costs Lawyer
Jim Diamond Costs
Jo Mepham
Account Manager
ULP
John Astill
Associate
JLT Group
Jonathan Haydn-Williams Consultant
Goodman Derrick LLP
Joseph Kosky
Partner
Locke Lord (UK) LLP
Julie Hume
Executive Assistant
The BIG Network Ltd
Kathleen O'Connor
i-Lit
Ken Arnold
Managing Director
MLS
Kevin Heath
Partner
Locke Lord (UK) LLP
Kevin Wonnacott
Operations Director
Practico Limited
Kit Chellel
Legal Reporter
Bloomberg
Luke Harrison
Associate
Debenhams Ottaway LLP
Lyndsey Ratcliffe
Partner
asb law
Marc Keidan
Partner
Cooke Young & Keidan
Mark Beaumont
Director
Annecto Legal Ltd / CLAN Executive
Mark Osgood
Partner
Moore Blatch LLP
Martin Heskins
Policy Advisor, Law Society
Matthew Amey
Director
The Judge
Matthew Ball
Partner
Sasto & Klinger
Matthew Reach
Solicitor
Argentum
Melissa Jones
PSL
DACBeachcroft
Michael Kain
Chairman
Kain-Knight
Michael Willett
Costs Lawyer
Freshfields
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Delegate Name
Title
Company
Mike Taylor
Managing Director
i-Lit
Mike Wilson
Associate
Bridge Mcfarland
Miriam Low
Acount Executive
Byfield Consultancy
Molly Ahmed
Senior Associate
Fox Williams Solicitors
Neil Mirchandani
Partner
Hogan Lovells
Neil Rose
Litigation Futures
Nick Cook
Senior Solicitor
Goodman Derrick LLP
Nick Moran
Partner
Silverman Sherliker
Nick Rowles-Davies
Consultant
Vannin Capital
Nicole Finlayson
Solicitor
Penningtons
Nitin Khandhia
Partner
BTMK
Orion Wisness
Consultant
Kroll Ontrack
Parminder Plaha
Patrick Tedstone
Partner
ORJ Solicitors
Paul Martin
Partner
Fasken Martineau
Paul Vinsen
Costs Lawyer
Addleshaw Goddard
Paul Webster
Operations Manager
Abbey Legal Protection
Peter Pratt
Senior Associate
Collyer Bristow
Peter Sharp
Partner
Morgan Lewis & Bockius
Peter Ware
Newlands-Horizons
Peter Wood
Partner
Philip Jones
Commercial Litigator
Rachael Mulheron
Rachel Higgs
Withers LLP
Queen Mary University
Partner
Rachel Rothwell
Mills & Reeve LLP
Litigation Funding
Rebecca Wright
Associate
Cooke Young & Keidan
Reem Ayad
Associate
Locke Lord (UK) LLP
Richard Elsen
Chairman
Byfield Consultancy
Richard West
Operations Manager
Red Flag Alert
Rita Sheth
Associate
Fasken Martineau
Rob Jones
Consultant
Kroll Ontrack
Robert Parks
Associate
Barlow Robbins LLP
Robert Paydon
Partner
Fasken Martineau
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Delegate Name
Title
Company
Ryan Coyne
Merril Corp
Sally Dunscombe
Director
Annecto Legal Ltd
Scott Jarrold
Abbey Legal Protection
Sheena Buddhdev
Of Counsel
Bingham McCutchen (London) LLP
Simon Cohen
Associate
Locke Lord (UK) LLP
Simon Wadlow
Simon Walsh
Associate
SA Law
Sophie Dallaire
International Lawyer
Canadian FSA
Steve Payne
Consultant
Omnia
Subir Karmakar
Solicitor Director
Saunders Law Ltd
Sue Nash
Managing Director
Omnia
Sukhi Kaler
Partner
Fasken Martineau
Susan Scott
PSL
Practical Law
TBC
Byfield Consultancy
TBC
DACBeachcroft
TBC
Red Flag Alert
Teresa Leussing
Consultant
Newlands-Horizons
Tim Barr
Partner
Robin Simon LLP
Tim Mayer
Investment Officer
Woodsford Funding
Tim Wallis
Mediator
Tim Wallis Ltd
Tom Blackburn
Advocacy Manager (Costs)
Tom Coates
Partner
Lewis Silkin LLP
Tom Custance
Partner
Fox Williams Solicitors
Tom Grodecki
Solicitor
Slaughter & May
Tom Moore
Journalist
CDR News
Tom Ware
Consultant
Newlands-Horizons
Tony Guise
Chairman of CLAN
GUISE Solicitors
Victoria Withington
Solicitor
Mark Humphries Law
William Brooks
ARAG
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Biographies
Keynote Speaker:
The Hon. Mr Justice Ramsey
Ministry of Justice
Sir Vivian Ramsey studied Engineering Science and Economics at Oxford
University before working as a civil engineer in the UK and overseas. During
this time he became a Chartered Engineer and a Member of the Institution of
Civil Engineers.
After studying law in London he was called to the Bar (Middle Temple) in
1979 and was a practising barrister in Keating Chambers from 1981 to 2005.
He became a Queen's Counsel in 1992 and practised around the world as an
advocate, arbitrator, adjudicator and mediator in technical disputes, particularly related to construction and engineering projects. In 2002 he was elected as a Bencher of Middle Temple.
He appeared in the High Court, Court of Appeal and House of Lords as well as overseas courts
and was called to the Bar in Hong Kong, Singapore, Brunei and Trinidad for particular cases in
those jurisdictions. He acted as counsel in numerous domestic and international arbitrations. He
was also appointed as chairman, co-arbitrator or sole arbitrator in some 90 domestic and international arbitrations including ICC, LCIA, UNCITRAL, SCC, JCCA and other institutional or ad-hoc
arbitrations. He was also appointed as a mediator and an adjudicator as well as being an expert
appointed by the ICC President and a member of Dispute Review Boards.
From 2003 to 2005 he was Head of Keating Chambers, a set of barristers' Chambers specialising
in Building, Technology, IT and associated commercial Disputes.
In 2003 he chaired the PNE Committee established under section P6 of the Balancing and Settlement Code to determine a wide range of notification disputes under the NETA trading arrangements in the UK Electricity Industry.
He is the current joint editor of Keating on Building Contracts which is a standard text in the UK
and Common Law countries. He produced the 7th Edition in 2000, the 8th Edition in 2006 and the
9th Edition in 2012. He was a founding editor of Construction Law Journal and continues as a
Consultant Editor. He has edited or contributed to or is a member of the editorial board of a number of other publications.
He is a member of the Advisory Board or the Association for Consultancy and Engineering and a
Court Assistant of the Worshipful Company of Constructors. In 2010 he received the President's
Medal from the Society of Construction Law and the Clare Edwards Award from the Technology
and Construction Solicitors' Association.
He is also a Special Professor in the Department of Civil Engineering at the University of Nottingham and has recently been appointed as a Visiting Professor at the Centre for Construction Law
and Management at King's College, London.
In November 2005 he was appointed as a High Court Judge in the Queen's Bench Division and
from 2007 to 2010 served as judge in charge of the Technology and Construction Court in London. He was appointed judge in charge of the court estates in 2011 and in 2012 was appointed to
implement the cost reforms in civil litigation arising from the Jackson Report.
Clerk: Mr David Hamilton ([email protected])
Tel: 020 7947 6331
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Biographies
Tony Guise
Chairman
Commercial Litigation Association &
Founding Partner, GUISE Solicitors
Admitted in 1986 Tony practice ranges from representing those
affected by commercial fraud to shareholder and partnership
issues, regulatory investigations and disputes relating to solicitors
costs.
Tony appears before the Solicitors' Disciplinary Tribunal (SDT)
and is one of only the few lawyers in the country appointed to the
SDT's Duty Solicitor Panel. A member of the Solicitors Assistance
Scheme Panel he is also a member of the Editorial Board for the
Law Society's Compliance Bulletin and writes a monthly column
on regulatory issues for the Solicitors Journal.
He also advises in connection with costs disputes acting for either
Solicitors or their client in resolving issues arising from disputes about the extent and scope of a
Solicitor’s charges. He is an acknowledged expert in this field.
From March 2002 until March 2004 Tony Guise was President of the London Solicitors’ Litigation
Association (the LSLA) a law reform lobby comprising some 900 members, mainly commercial
litigators, based in central London. Mr Guise has played a leading role in introducing innovative
reform in the civil justice process in England and Wales.
He is a founding member and Chairman of the Commercial Litigation Association (CLAN) a national body seeking to promote the interests of commercial clients and their lawyers.
Tony regularly contributes articles on his particular areas of expertise to legal and other journals. He is a contributing author for the Law Society’s Civil Litigation Handbook for the section on
managing the client retainer and profitable litigation and the Law Society's Practical Precedents
for Civil Litigators (costs and disclosure). He regularly lectures for commercial conference organisers and to law firms on civil law and procedure and costs related issues.
Chambers and Partners (2008-10) says that "Tony Guise of Guise Solicitors is recognised for
immense knowledge in the [regulatory] field, which he employs on behalf of solicitors before the
SDT"
Tony regularly contributes articles on the above issues for: Law Society’s Gazette; New Law
Journal; Solicitors’ Journal; Litigation Funding; The journals of regional Law Societies; Solutions
(the journal of the Dispute Resolution Section of the Law Society of England and Wales).
He frequently speaks on the above issues to the Law Society, regional Law Societies,
Recognised Groups of the Law Society and commercial conference providers in addition
to speaking at the firm’s in house events.
Address:
GUISE Solicitors, 1 Alie Street, London E1 8DE
Tel:
020 7264 0350
Web:
www.guisesolicitors.co.uk
Email:
[email protected]
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Biographies
The Reform Debate: Debate the issues raised by The Honourable Mr Justice Ramsey.
An expert panel including Nick Rowles-Davies of Vannin Capital, Andy Ellis of Practico and
Susan Scott of Practical Law.
Moderated by David Chalk, CLAN Executive member
David Chalk
Faculty Head of Research Knowledge
Exchange in Business Law and Sport,
University of Winchester
David was the founding Head of Law from 2006 to 2009 having joined the
University from Anglia Ruskin University where he was Principal Lecturer in
Law. He has taught law at undergraduate level for over 30 years and has also
taught at Masters level and at the vocational stage for both barristers (BVC)
and solicitors (LPC). He is also an established presenter for solicitors’ continuing professional education. David’s main undergraduate teaching is in the law
of contract and
he also teaches criminal law and skills such as mooting and negotiation. At the practitioner level
his subject is dispute resolution and particularly litigation costs a field in which he has been very
active for over ten years.
Email:
Phone:
Address:
[email protected]
01962 827 599
Holm Lodge, 11 University of Winchester,
Sparkford Road, Winchester , Hampshire SO22 4NR
Andy Ellis
Managing Director, Practico Ltd
Andy is the owner of Practico Ltd. and
founded the Company with co-Directors Kevin Wonnacott and Paul Virtue in
October 2011. A Costs Lawyer and law graduate with over 20 years' experience in civil costs, Andy leads Practico's efforts to recast costs drafting as a
fully-fledged costs management service.
His own practice continues to involve strategic and hands-on consultancy on
the costs issues flowing from high profile cases including the recently
concluded Motto v Trafigura for Leigh Day and the far-reaching NGN
Voicemail Interception litigation for Linklaters.
Outside work Andy is a regular with Kevin at the local gym and a frustratingly inconsistent golfer.
Tel:
Email:
020 8518 8484
[email protected]
Web:
Twitter:
www.practico.co.uk
@costs2
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Nick Rowles-Davies
Consultant, Vannin Capital
Nick is admitted as a Solicitor in England and Wales, and in the British
Virgin Islands. He is an accredited mediator and member of the Chartered
Institute of Arbitrators.
He has a wide range of experience in commercial and civil litigation issues
and in private practice specialised in complex, high value matters that led
to his involvement in a number of reported cases in the High Court, Court
of Appeal and House of Lords. For a number of years he was the partner
heading up a successful dispute resolution department with a boutique
commercial firm in London.
Nick has extensive knowledge of the financial and insurance arena having been retained by a
number of banks, major insurance companies (including various Lloyd's syndicates) and both on
and offshore finance houses. He is a frequent contributor to publications on issues of costs and
third party litigation funding and speaks regularly on the subject.
Office:
E-mail:
01624 615111
[email protected]
Mobile:
Web:
07817 796 149
www.litigationfunding.com
Susan Scott
PLC Dispute Resolution
PLC provides the high-value, practical know-how that fee earners need
daily, letting you concentrate on unique expertise and your clients. They
employ people who've worked at the front line themselves, working with a
team of paralegals and editors and researchers for cross-border and law
department services. PLC's professional support teams are not employed
as solicitors or barristers and the individuals are not practising.
Susan qualified as a solicitor in 1992. She trained with Norton Rose and joined PLC Dispute
Resolution in February 2006 from Simmons & Simmons, where she was a member of the
commercial litigation department, specialising in professional negligence disputes. She has
broad litigation experience (including multi-party actions and trials) and has acted extensively
for insurers and a wide range of insured professionals.
Susan is currently a non-practising solicitor.
Tel:
020 3423 6537
Web: www.practicallaw.com
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Working for Free?
Assessing Clients and Opponents to Minimise Risk.
With more and more solicitors taking on risk, whether as Conditional Fee Agreements or Damages Based Agreements, understanding risk has never been more important.
Red Flag Alert cover all aspects of business activity to
assess and monitor the performance of both clients and
opponents.
Red Flag Alert is a credit risk database with over 6 million records on businesses in the UK,
from sole traders through to limited and quoted companies.
It covers all aspects of business activity enabling you to target, assess and monitor the
performance of customers, suppliers and competitors.
Key Benefits:
 Company health ratings and reports
 Unique insolvency scoring system
 Receive real time financial health warnings
 Minimise the risk of financial loss
 Identify healthy new business prospects
 Simple integration and instant online access
All delegates will receive a free two-week trail from Red Flag Alert.
Elena Tsap
Head of Sales, South, Red Flag Alert
Elena was educated in Ukraine and graduated from the Ivano-Frankivsk
National Technical University of Oil and Gas with BA in Economics and
Engineering.
Over the years Elena has held Account Manager and Head of Business
Development roles in both advertising, marketing and sponsorship of
global events, winning recognition for her company in the 2010 for Best
New Business Awards, Best Business in the Community and Best
Business Website.
Before joining Red Flag, Elena was Consultant to The RM Group dealing with online business
information and financial Information products.
Red Flag A!ert LLP, 32 Cornhill, London, EC3V 3BT.
Helpdesk:
Mobile:
0844 412 6699
07766 758 640
Web: www.redflagalert.com
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Morning Coffee Break, courtesy of specialist commercial litigation ATE brokers:
Richard Myrtle
Managing Director, Universal Legal Protection
Richard was born in 1957 and has worked in Insurance since
graduating from University in 1980. After several years of all-round
general insurance training in the City of London, Richard worked as
a Lloyd’s Broker specialising in professional indemnity and directors
& officers insurance until moving on to Legal Expenses Insurance in
1990.
Since 1990, Richard has specialised in all aspects of UK and overseas Legal Expenses Insurance, initially with The Legal Protection
Group and then with Abbey Legal Protection, before founding Universal Legal Protection (ULP) in 1999.
Richard has built ULP into one of the very few specialist ATE legal expenses Insurance Brokers
operating in the UK market, broking the full range of ATE risks, namely Schemes / Facilities for
Solicitors, and individual / one-off risks, including some risks requiring very substantial limits of
indemnity. Richard’s City of London broking background, experience and contacts have enabled
him to source ATE insurance capacity in more insurance markets than just the conventional ATE
markets.
Richard has also helped his partner and co-director Eamonn Kelly develop ULP in to being one of
the leading Pension Trustee Liability Insurance Brokers operating in the UK market.
Richard is regularly consulted by the media on trends and developments in the After the Event
arena, and is a regular speaker at Conferences.
He is an Associate of the Chartered Insurance Institute and is a Chartered Insurance Broker.
Universal Legal Protection Ltd, Bedford Heights, Manton Lane, Bedford MK41 7PH
Tel:
01234 340 266
[email protected]
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Over before its even started?
With the new form of CFA available and the option of DBAs revealed, we explore the future for
the commercial litigation business model.
Contributions from Martin Heskins, Policy Adviser on Civil Justice, Law Society of England and
Wales, Neil Mirchandani of Hogan Lovells, Paul Martin of Fasken Martineau in Toronto, and Tom
Blackburn of Just Costs Solicitors.
Professor Rachael Mulheron
BCOM LLB (HONS) LLM (ADV) (UQ)
DPHIL (OXON),
Solicitor of the Supreme Court of Queensland & High Court of Australia
Professor at the Department of Law, Queen Mary University of London.
Rachael Mulheron joined Queen Mary’s Department of Law in 2004.
Prior to this, she held academic positions at the Law Schools at Notre
Dame (Australia) and Warwick University.
Professor Mulheron teaches both Torts and the Law of Medical Negligence (for the LLB) and
Advanced Medical Negligence (for the LLM and MA), and also offers supervision in Class Actions
(for the LLM). She has also lectured annually at Oriel College, University of Oxford, and at the
Law Faculty, Catholic University of Lille, France.
Prior to her academic career, Professor Mulheron practised law in Brisbane, Australia, both in
general practice, and later, specialising in the field of building and construction litigation.
Professor Mulheron's primary research interest focuses upon class actions jurisprudence.
In May 2009, Professor Mulheron was appointed as a Council Member of the Civil Justice Council
of England and Wales, an independent government civil justice advisory and law reform body, for
a term of three years, which term was renewed for a further period of three years in 2012.
In August 2009, she was appointed as a member of the Civil Procedure Rules Drafting SubCommittee, which was charged with the task of drafting rules of court for a new opt-out collective
action regime for England and Wales; and in 2010, she was appointed as a member of the Working Group for Litigation Funding, which was tasked with preparing a Code for Litigation Funders,
and which Code was launched by Lord Neuberger MR in November 2011.
In 2012, she was appointed as a member of the Working Group for the implementation of Damages-based Agreements (contingency fees) for England and Wales.
email:
[email protected]
Web:
http://www.law.qmul.ac.uk/staff/mulheron.html
Phone:
020 7882 3959
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With the new form of CFA available and the option of DBAs revealed, we explore the future for the
commercial litigation business model.
Martin Heskins
Policy Advisor on Civil Justice, Law Society of England & Wales
Martin Heskins is the Civil Justice Policy Adviser at the Law Society. He is a qualified solicitor with
a background of over 29 years in civil litigation acting for claimants and defendants, including personal injury, clinical negligence and actions against the police. In his current role he specialises in
policy issues relating to civil litigation, costs and alternative dispute resolution.
The Law Society, 113 Chancery Lane, London WC2A 1PL
Tel: 020 7242 1222
Paul Martin
Partner, Fasken Martineau (Toronto)
Paul Martin is a co-chair of the Class Actions practice group. He has an
extensive practice in all aspects of civil, administrative and quasi-criminal
litigation at all levels of court in Ontario, with particular emphasis in the areas
of class actions, product liability, shareholder rights, employment, financial
institutions, insurance, securities regulation, competition, pensions and
benefits and intellectual property. He has been counsel in matters before the
Federal Court, the Supreme Court of Canada, the Ontario Municipal Board, the Tax Court of
Canada, the Ontario Securities Commission, the Commercial Registration Appeal Tribunal, the
Pensions Appeal Board and various administrative tribunals. Paul has been an Adjunct Lecturer
at Queen's University Faculty of Law where he taught a course on class actions. Honours and
Awards: Benchmark Canada, "local litigation star" in Ontario and “litigation star” for class actions
in Canada, 2013
Fasken Martineau, Toronto: +1 416 865 4439
Neil Mirchandani
Partner (Securities, Investment Banking and Funds
Litigation Group), Hogan Lovells, London
Neil is experienced in a broad range of City-related problems
such as mergers and acquisitions disputes and financial market
problems. He has extensive experience of corporate and regulatory
investigations and regulatory disciplinary proceedings. He is also active in a
variety of claims for and against professional advisers, including bringing and
defending claims for breach of duty, negligent mis-statement and misrepresentation. Neil edits Hogan Lovells' Legal and Financial Risk Newsletter. He
has considerable experience of the use of technology in large scale litigation and has presented
to members of the judiciary and legal profession in the "Courtroom of the Future" debate and at
LegalTech, London.
Tel: 020 7296 2000
Emial: [email protected]
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With the new form of CFA available and the option of DBAs revealed, we explore the future for
the commercial litigation business model.
Contributions from Martin Heskins, Policy Adviser on Civil Justice, Law Society of England and
Wales, Neil Mirchandani of Hogan Lovells, Paul Martin of Fasken Martineau in Toronto, and Tom
Blackburn of Just Costs Solicitors.
Tom Blackburn
National Advocacy Manager
Tom Blackburn has extensive industry wide experience including expert knowledge in a wide range of legal costs issues (mediation, audits,
ADR, multi jurisdictional cases) acting for a variety of clients.
Senior in-house positions have given an extensive experience of all
aspects of post CPR issues from the outset of proceedings to recovery
of legal costs between the parties, Solicitor/Own client disputes and
audits.
Tom deals with all costs related issues (Commercial - shipping, IP,
fraud, defamation aviation, disaster litigation, PI, Clin Neg etc) for a
wide variety of clients - firms of Solicitors, in house Counsel, SME's, businesses, local authorities,
charities and governments. He is a regular speaker at conferences and provides specific tailored
training to clients.
In his position of National Advocacy Manager, Tom oversees all of Just Costs' advocates, providing mentoring, training and assistance where required.
He also manages a high profile case load including drafting Bills, Points of Dispute, Replies,
Skeleton Arguments, Mediation and Advocacy, however he specialises in multi-million pound
cost disputes, audits, multi party actions, complex costs and advocacy.
The Just Costs Advocacy team can attend any adversarial arena from County Court to the House
of Lords.
Tel: 0207 758 2179
Web: www.justcosts.com
Email:
Twitter:
[email protected]
@tom__blackburn
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Lunch, served in the restaurant, courtesy of Omnia Software.
Omnia can be used by firms of Solicitors in two ways:

As a replacement time and invoicing system into which firms can enter their work in
“real time”.

Scalable for laptops and tablets (and in due course for smart phones) it ensures that budgets are up to the minute and the danger of inadvertently exceeding budgets is removed

As a separate program running alongside firms’ case and practice management
systems into which the time spent by fee earners can be imported on a daily
(even hourly) basis to achieve the same ends
Omnia can also work as a stand alone costing program
In whichever mode it can produce bills of costs, schedules for summary assessment, costs
schedules & breakdowns and all court costs forms/applications - as well as the all important costs
budgets.
Budget preparation and monitoring
New CPR Rule 3.12 applies mandatory costs budgeting to all multi track cases (other than
commercial cases with a value in excess of £2 million) with the purpose of enabling the Court to
manage both the steps to be taken and the costs to be incurred by parties so as to further the
overriding objective.
Omnia assists this task by enabling firms to:
 Prepare costs budgets in Precedent H;
 Set alerts for each phase of each budget and for each element of a budget phase to help
ensure that budgets are closely monitored and not exceeded;
 Compare forecast, budgeted and actual costs by each category and sub-category of case to
produce median figures for each such category/sub-category and then populate draft budgets;
 Allow internal or external costs specialists to check and monitor budgets on an on-going basis
to ensure work is being accurately assigned;
 Enable the easy preparation of accurate schedules and breakdowns of costs at any point
during the life of a case as well as bills of costs for detailed assessment.
19 of 30
PR in Law
An introduction from Byfield Consultancy, reputation
management consultants with particular expertise in
legal and professional services.
Byfield employ a range of strategic and tactical PR
techniques to help companies, organisations and
individuals manage their reputations in a constantly
evolving business, media and regulatory environment.
“Reputation management is a strategic business function that sits at the boardroom level”
Richard Elsen
Founder, Byfield Consultancy
Well known amongst leading journalists for his handling of highly
sensitive national and international news stories. His work includes
dispute, litigation, crisis and reputation management mandates.
Richard was one of the first exponents of litigation PR in the UK.
Richard has 20 years PR experience, beginning his career with
British Rail, where he handled media relations on issues ranging
from privatisation to rail accident crisis management.
In 1993, he joined the Press Office of the UK's Labour Party culminating in his becoming
Deputy Head of the 'Rebuttal & Attack' media team, at Labour's Millbank headquarters, a
post he occupied during the 1997 General Election.
In the last decade Richard has handled media aspects of some of the most challenging
and high profile civil actions brought before the High Court.
He has also lectured on litigation and crisis PR and has written about the topics.
Byfield Consultancy, 9 Staple Inn Buildings, London WC1V 7QH
Tel: 0207 092 3999
Web: www.byfieldconsultancy.com
20 of 30
Costs Management & Pricing Workshop
The perspective from the judiciary:
Steven Whitaker
A practitioner’s view:
David Foster, Partner, Barlow Robbins
The practicalities of costs management explored with examples of tools available now
to facilitate effective and successful management of costs.
Panel: Jim Diamond, Sue Nash of Omnia Software, Ben Hawkins of iCosts and Stuart Ritchie.
Mark Beaumont
Director, Annecto Legal Ltd
(& member of the CLAN executive)
Mark Beaumont graduated from the University of Manchester with an
Economics degree in 1998 and has since developed his career in account
management, training and business development.
Having joined the new London office of Just Costs Solicitors in 2009, Mark
developed the customer base across London and the south of England. His focus has been on
seminars and training; raising awareness of alternative funding options and the importance of
budgeting effectively.
As part of this role Mark has worked closely with ATE insurance providers, funders and other
legal services businesses that support litigation.
Now a director with Annecto Legal Ltd, Mark is working with a broad range of businesses to give
them access to the best litigation services available. One of the key objectives of Annecto is to
explain the range of litigation funding and insurance options available to decision makers in the
business world. In addition, we will provide clients with access to accredited law firms that are
willing to take on cases on a risk-sharing basis (such as fixed fees or payment on success), and
also funders, insurers and the full range of litigation support services.
We are also working closely with law firms to encourage greater knowledge of the alternatives
to 'hourly rate billing' and introduce them to the business development opportunities that these
alternatives present.
At present, we are speaking with a number of firms and we are happy to be approached by
businesses interested in discussing this concept.
Annecto Legal Ltd, Sycamore House, London EC1Y 0SG
DDI:
0800 612 6587
Mob: 07730 217 643
email: [email protected]
web: www.annectolegal.co.uk
21 of 30
Steven Whitaker
Steven Whitaker
Senior Master of the Senior Courts in the Queen’s Bench
Division, The Royal Courts of Justice
Master Whitaker is the Senior Master of the Senior Courts of
England and Wales in the Queen’s Bench Division, the
Queen’s Remembrancer and a former barrister. He manages,
amongst other things, the specialist list for mesothelioma and
other asbestos related claims at the Royal Courts of Justice in
London. He was one of the judicial members of the Civil Procedure Rules Committee of England and Wales from 2002 - 08 and was also a member of one of
the judicial advisory groups advising the Secretary of State on the use of IT in the Civil and Family Courts. He is the Honorary President of LiST.
He was trained as a mediator by CEDR in 2003 and is one of the General Editors of the White
Book and is the Chief Advisory Editor of Atkin's Court Forms. He is the Central Authority for England and Wales under the Hague Conventions and EU Regulations on Service and the Taking of
Evidence. He is a frequent speaker at conferences and seminars on e-disclosure, case management and the management of asbestos related claims.
David Foster
Partner, Barlow Robbins
(& member of the CLAN Executive)
Qualified in 1988, David handles a range of more complex litigation matters
with particular emphasis on professional negligence, insolvency, property
and debt recovery litigation handled within his department. David has been
involved in a number of high profile cases particularly in the area of judicial
review.
David is a trained mediator, nationally known, and has been involved in a number of successfully
mediated commercial disputes. Barlow Robbins Dispute Resolution team is one of the largest in
Surrey and acts for a wide range of businesses. They have recently been chosen for national
awards in professional negligence and commercial mediation.
Tel:
01483 464243
Web: www.barlowrobbins.com
22 of 30
Steven Whitaker
Jim Diamond
Costs Lawyer, Jim Diamond Ltd
Jim has spent over 25 years in the legal industry, working in-house for the
likes of Clifford Turner (now Clifford Chance) and Allen & Overy in the 80′s &
90′s. Jim has published articles on the subject for over a decade.
Jim’s “Budget Based Billing” article published in Legal 500 in 1999 is
thought to be the first ever article published on the subject. Jim has spoken
at numerous conferences including the IBC Annual Costs Conference 1998; The Law Society
Annual Conference 2003, The Judges & Costs Judges Costs Seminar at the Royal Courts of
Justice 2005 and The Commercial Litigation Association Annual Conference 2009. A fellow
speaker was Lord Justice Jackson (his first public presentation after his publication of his
“Interim Report on Costs in Civil Cases”).
Jim was the only individual legal costs lawyer to be invited by The Civil Justice Council to take
part in the “Technical Aspects of Jackson Implementation Experts Workshop”.
Legal Costs Budgets & Costs Management, 21 Ellis St, LONDON SW1 9AL
Web:
www.jimdiamond.com
Tel:
07826 091 992
Email:
[email protected]
Twitter:
@JIMDIAMONDLEGAL
Stuart Ritchie
Litigation Solicitor, Hudson & Co.
Since 2000 Stuart has spoken irregularly in England and overseas on various IT/legal subjects,
and for several years was a non-parliamentary member of the Parliamentary IT Committee after
his work won a DTI Smart award for his consulting company.
In 2010-11 he automated for his firm the drafting of voucher, summary bill, estimate, and detailed
bill / schedule reports from timesheet records. Recently he has expanded this to a full implementation of Chapter 45 of the Jackson report, by developing a client-server costs drafting interface
suitable for use by any third party time recording software.
In 2013 he has been working with an interested TRS vendor, while upgrading the reports to align
them with the 60th Update costs precedents.
23 of 30
Sue Nash
Managing Director, Litigation Costs Services & OMNIA Software
Sue is a costs lawyer with some 26 years experience of legal costs
practice and law. She is Managing Director of full-service costs firm
Litigation Costs Services and has particular experience in group litigation
costs.
She regularly writes on the issues surrounding the Jackson reforms, in
particular on costs management and budgeting. She is also the founder of
Omnia Legal Software Ltd whose eponymous program has been born out
of her experience and understanding of the business aspects of litigation and its associated
costs.
OMNIA is an innovative web-based program that works as (i) a time
recording system (ii) a costs management solution and (iii) a costs drafting
program. Parts or all of its functionality can be used by both solicitors and
costs draftsmen.
Time recording: Solicitors can replace their time recording system with
Omnia ensuring “real time” updating of costs budgets as well as the
standard management reports that such systems provide. Alternatively,
firms can set up an export from their own systems and import all relevant work/data into Omnia
on a regular basis.
Budgeting: Once the time is in Omnia, it then helps legal practitioners to construct their budgets
and, crucially, to monitor them. Firms can set alerts (which can be re-set) on each budget phase
and each element of a phase as well as on the overall budget. Users are alerted as soon as they
log on and can then take whatever action is necessary. Precedent H forms can be produced and
exported to Excel and various versions of the budgets can be recorded and saved. Last but by
no means least, Omnia will be able to produce template budgets for future actions based on
budgeted time in previous matters which can be filtered by matter type, sub-type and any number
of variables.
Costs drafting: Work can be input manually or imported from Solicitors’ own time recording systems and then analysed. As well as Precedent H, Omnia will be able to produce all types of civil
bills and court cost forms.
Omnia Software, St. Johns’ Court, 86 Easton Street, High Wycombe HP11 1LT
Tel: 01494 445 739
Web: www.omniasoftware.co.uk
Email: [email protected] or [email protected]
24 of 30
Steven Whitaker
Ben Hawkins
Managing Director, CLFL Ltd & iCosts
Ben Hawkins is a solicitor with an LLB degree. Having practised as a
litigation solicitor for six years, Ben Hawkins was a pioneer of after the
event insurance, launching DAS’ ATE Insurance division (now 80e) in 2000.
He has subsequently enjoyed success developing innovative solutions
for the legal profession, notably with Composite Legal Expenses (funded
solutions for personal injury claims), Shop4Law (internet marketing) and
LexisNexis (information and software solutions).
Ben joined CLFL as Director in April 2010 with responsibility for developing the
business profitably when he became the Managing Director in May 2010.
Commercial Litigation Funding Limited, 65 Tarrant Street, Arundel BN18 9DJ
Tel: 01903 889 966
25 of 30
Afternoon Tea courtesy of our partners at Annecto Legal Ltd:
Annecto Legal Ltd works with a broad range of businesses, giving them access to the best litigation services available.
Annecto will explain the range of litigation funding and insurance options available to decision
makers in the business world: Something that they do not always hear from their legal advisor.
In addition, we will provide clients with access to accredited law firms that are willing to take on
cases on a risk-sharing basis (such as fixed fees or payment on success), and also funders,
insurers and the full range of litigation support services.
We are also working closely with legal practitioners to encourage greater knowledge of the
alternatives to 'hourly rate billing' and introduce them to the business development opportunities
that these alternatives present.
At present, we are speaking with a number of firms and we are happy to be approached by
businesses interested in discussing this concept.
Contact Details for Mark Beaumont, one of the directors of Annecto Legal Ltd:
DDI:
0800 612 6587
Mob: 07730 217 643
email: [email protected]
web:
www.annectolegal.co.uk
Annecto Legal Ltd, Sycamore House (Baltic Street West entrance), London EC1Y 0SG.
26 of 30
Mediation and Disclosure in a world of Costs Management
Managing e-disclosure and expectations effectively and efficiently, with contributions from
Daniel Kavan of Kroll Ontrack, Beverley Barton of Practical Law, Dipti Hunter of DACBeachcroft
(& CLAN Executive Member), and Tim Wallis, Mediator.
Moderator: Mike Taylor of i-Lit
Mike Taylor
Managing Director, i-Lit Ltd & i-Lit Paralegals Ltd
Called to the Bar in 1998, Michael Taylor spent the first 4 years of his career
working on 2 high profile public inquiries, initially the Bristol Royal Infirmary
Inquiry into complex paediatric heart surgery and subsequently on the Inquiry
into the unlawful activities of Harold Shipman.
Michael moved into private practice for Clarke Willmott in Bristol where he managed the MultiParty Action Department before moving to the Legal Technology service provider Kroll Ontrack.
As a Legal Consultant at Kroll Ontrack it was Michael’s responsibility to advise clients as to suitable solutions to their e-disclosure requirements as well as give educational seminars and lectures
to Lawyers and Litigation Support Managers on the subjects of e-disclosure, paper disclosure,
and computer forensics.
Since setting up i-Lit Limited in 2006 Michael has advised law firms law firms, multi-national corporations and government departments on electronic disclosure, paper disclosure, computer forensics and large scale document review.
Michael has had articles published in many newspapers and periodicals as well as speaking at
many seminars, lectures and conferences.
Tel: 01748 810 221
Mobile:
Web:
07766 240766
www.i-lit.co.uk
Beverley Barton
Editor, PLCDispute Resolution
Beverley qualified as a solicitor in 1993. She trained at Linklaters, where she
stayed for six years following qualification, working on a wide range of general
commercial litigation cases, including a number involving competition law
issues.
Subsequently, at CMS Cameron McKenna and Arnold & Porter, she practised
as a litigator in a team specialising in pharmaceuticals-related work, and gained
valuable trial experience on cases including Re Medicaments, the last ever case
in the Restrictive Practices Court.
In 2005, she moved to the role of litigation Professional Support Lawyer: first at Eversheds,
and then at Bond Pearce. She joined PLC as an Editor in the Dispute Resolution team in
October 2008. Beverley is currently a non-practising solicitor.
Tel:
020 3423 6537
Web: www.practicallaw.com
27 of 30
Daniel Kavan
Managing Director
Electronic Disclosure Consultancy
Kroll Ontrack
Daniel and his team advise lawyers and their clients on how to effectively
manage electronically stored documents in litigation, arbitration, and internal
or regulatory investigations.
Daniel provides consultancy and training to assist clients with the identification, preservation, collection, review and analysis of potential evidence in
document-intensive cases. Daniel advises clients on strategies and techniques to help lawyers deploy technology efficiently and cost-effectively, as well
as assisting them in the design of practical workflow processes and the selection
of the technical solutions required to fulfil these goals. He is frequently called on to
comment on best practices and new developments in electronic disclosure law.
Daniel has extensive experience working on international commercial litigation matters,
competition law inquires and internal investigations, particularly in the areas of fraud and
bribery. He often assists lawyers in identifying potential sources of evidence, and has
experience in on-site scoping exercises and witness interviews in a variety of corporations,
industries and jurisdictions, including the UK, USA, Germany and Italy.
Prior to joining Kroll Ontrack, Daniel worked as a litigation solicitor in Australia and has had
litigation support roles in London at several international law firms. During this time, he has
employed a variety of market-leading technologies in numerous document-intensive electronic
disclosure exercises.
Twitter:
Email:
@DanKavanLegal
[email protected]
Tel:
020 7549 9600
Tim Wallis
Mediator, Expedite Resolution Ltd
Tim Wallis is an independent mediator (1994) and a solicitor (1976).
A director of Expedite Resolution and Trust Mediation, Tim mediates a
range of commercial and insurance related claims and disputes for these
and other organisations. He is the Independent Chairman of Claims Portal
Limited and of the ABI GTA Technical Committee (Credit Hire). Tim is a
member of the Civil Justice Council (CJC) and chairs its ADR Working
Party. A member of the Editorial Advisory Board of OUP’s “The Jackson
ADR Handbook” (published April 2013) Tim contributes to the ADR section
of "The White Book" and other publications.
Tel: 07971 125 946 (or 0844 879 3166)
Web: www.expediteresolution.com
28 of 30
Dipti Hunter
Associate, DACBeachcroft
Dipti has a wide-ranging commercial and corporate litigation practice.
In the last few years, the focus of Dipti's practice has been on
managing large-scale proceedings which often have an international
dimension, for example advising clients on the fraudulent aspects of
schemes to dilute shareholdings, advising on the shar'iah compliance
of a disputed Wakala Agreement and consideration of the manipulation
of the insolvency of an offshore holding company to hide fraudulent actions
of former directors. Dipti has acted for clients in the Middle East, USA, Africa,
Europe, Australia as well as for corporate clients registered offshore.
Dipti also has experience of intellectual property and partnership disputes. She regularly works
with clients in the technology and financial services sectors.
Dipti specialises in civil fraud claims and has conducted several indirect tax fraud cases in relation to Missing Trader Intra Community fraud including proceedings for Judicial Review. She has
wide ranging experience of applying for both Freezing orders and Search and Seizure Orders in
the High Court. In addition, she acts as a Supervising Solicitor for other law firms.
Dipti is a member of the London Solicitors' Litigation Association, the Commercial Litigation Association and the Fraud Advisory Panel.
Tel:
020 7894 6253
Web: www.dacbeachcroft.com
29 of 30
Networking Drinks in the lobby, courtesy of our partners at Byfield Consultancy:
Litigation & Dispute PR
Litigation and Dispute PR is about managing the impact of a conflict on staff, clients,
the media and other stakeholders through planned and thoughtful communications.
Mishandled disputes can cause a decline in staff moral, client dissatisfaction and the
wrong kind of media interest. High profile disputes that are likely to result in litigation
require sensitive handling to minimise and manage these risks and reduce the potential
of serious and enduring harm to the reputation of a company or individual.
Often, organisations are slow to identify the attendant dangers of potentially high profile
disputes. Pyrrhic victories are won in the court of law while reputations can be lost in the
court of public opinion.
We offer market leading expertise in managing communications in times of dispute, working
closely with the client’s legal team, to seamlessly dovetail stakeholder communications into
the legal strategy.
We are acutely aware of the need for contempt avoidance, understand the legal process and,
importantly, the legal status of information of and documentation.
At Byfield we believe that good litigation and dispute PR requires an intimate
understanding of the law and legal process.
30 of 30

Brave New World - Commercial Litigation Association

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