LW7078 - Clinical Negligence and Personal Injury Litigation

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What will I learn on this module?

This is an optional module on the Bar Professional Training Course (BPTC) and delivered across the portfolio of Bar Professional Training courses at Northumbria University.

On this module you will be introduced to the work of a barrister in a clinical negligence and personal injury practice. You will build on your existing knowledge of tort law and develop your understanding of key principles of clinical negligence and personal injury practice, in the context of realistic scenarios where you will be representing claimants and defendants. This module aims to prepare you adequately for pupillage in this area.

You will develop substantive knowledge and understanding of the different practical legal contexts for the areas of tort law disputes and of the relevant procedural context for resolving disputes (including for pre-action behaviour).

This structured module will introduce you gradually to increasingly complex factual and legal cases, developing your skills, by:

1. Applying that knowledge to the case studies

2. Analysing case materials and evidence, and managing facts

3. Researching the position on liability

4. Researching the quantification of general damages for injuries, and damages for past and future financial loss

5. Formulating a case strategy and tactics

6. Providing effective and professional written or oral advice to the client

7. Drafting statements of case; and

8. Undertaking advocacy in the context of contested issues.

You will also recognise and address issues of professional conduct throughout the module.

You will have ample opportunities for feedback on your skills as practised, to encourage your development, ahead of the module assessment in one of the skills practised in the sessions.

How will I learn on this module?

You will learn through large group sessions, small group sessions, and through tutor guided independent learning.

Large group sessions introduce you to key principles and themes of some areas of clinical negligence and personal injury litigation practice, giving you a structured overview of how those principles relate to resolving disputes in this area taking into account procedural rules, professional conduct aspects, case law and other guidance as appropriate. These interactive sessions enable you to understand more about different topics and develop problem-solving skills, which, in turn, will help you to engage effectively with independent learning and tackle exercises in small group sessions.

Small group sessions focus on developing your skills in applying principles and problem-solving skills in the different topics, using practical exercises, based on authentic case studies. You will have case materials in advance of each session and will undertake preparation typical of a barrister for specific tasks relating to the case study. You will use and apply your knowledge and understanding from large group sessions and independent learning to tackle those tasks, and your preparation will lead to an opportunity for you effectively to review your preparation and practice any performance element in the session.

Independent learning enables you to deepen your knowledge and understanding of the area, and includes tutor-guided independent learning to support your engagement in large and small group sessions. Resources available from the dedicated module e-Learning Portal (eLP) include recorded lectures, guided reading using digital online reading lists, interactive self-evaluation tasks and tools which will provide valuable feedback on your learning.

How will I be supported academically on this module?

This module will be managed by your designated Module Tutor who will be responsible for guiding you in your engagement and learning on the module. All relevant materials and instructions will be accessible on-line through the module e-Learning Portal (eLP), maintained by your Module Tutor, and will give guidance on legal skills, assessment and provide self-study materials. You may communicate with your Module Tutor by email or telephone and are encouraged to make contact if you encounter any difficulties relating to any aspect of the module.

You will be supported by a mix of approaches: The module is carefully designed to focus on the important concepts and themes in Clinical Negligence and Personal Injury Litigation, and aims to give you a structured approach to learning and the ability to develop analysis and problem-solving skills. The large group sessions, small group sessions and independent learning are designed to be used together to help you to understand the topics covered in an effective, efficient way. Your independent learning, outside scheduled teaching, is tutor-guided, to support your engagement in large and small group sessions – and supported by a dedicated module eLP which will include recorded lectures, guided reading using digital online reading lists, interactive self-evaluation tasks, including self-test quizzes and other tools. Your Module Tutor is there to support you, by email, in person or through the eLP, to help you to understand any aspects of the module. Some large group sessions aim to enable students specifically to improve techniques for approaching the assessment.

In small group sessions, you will get valuable feedback on your independent learning from your tutor, and this will be helped by outline answers and structured answer plans being made available, to help you to develop your skills.

Additional support can also come from your personal tutor, and, at a programme level, from the Programme Leader who will provide pastoral support throughout the module and the programme as a whole. The Programme Administration and Student Progress teams are responsible for the non-academic administration of the module; they will contact you throughout the duration of your module with details about the centralised assessment, and other issues. The University Library offers a range of online and personal skills development opportunities which you can access. The University is well-placed to support you in learning and research with an excellent library and teaching facilities, access to on-line legal databases and resources and appropriate software.

What will I be expected to read on this module?

All modules at Northumbria include a range of reading materials that students are expected to engage with. The reading list for this module can be found at: http://readinglists.northumbria.ac.uk
(Reading List service online guide for academic staff this containing contact details for the Reading List team – http://library.northumbria.ac.uk/readinglists)

What will I be expected to achieve?

Knowledge & Understanding:

At the end of this module you will have:

• Developed knowledge and understanding of the appropriate laws, procedures and ethical arising in the area of clinical negligence and personal injury practice.

Intellectual / Professional skills & abilities:

• Demonstrated the ability to research liability, quantum or procedure.

• Drafted appropriate documents in a personal injury or clinical negligence claim.

• Demonstrated a core BPTC skill, such as the ability to conduct a negotiation, a conference or undertake advocacy in the form of a submission in a personal injury / clinical negligence claim.
Personal Values Attributes (Global / Cultural awareness, Ethics, Curiosity) (PVA):

• Displayed a professional and responsible approach to the course, staff and other students, and to observe the Code of Practice in order to prevent exploitation of clients and preserve the integrity of the profession, maintaining the public’s trust and ensuring continuance of the provision of service.

How will I be assessed?

The module has an oral assessment which is not marked anonymously

Summative assessment will be provided by an examination in the form of one of the core Bar Professional Training Course (BPTC) skills. The precise form of the examination will depend on the nature of the assessment.

Formative assessment will be provided by a combination of self-test questions and analysis in the small group sessions along with feedback on the BPTC skills employed in the scheduled teaching sessions

Feedback will be provided throughout the small group session programme. For each skill that is performed, the students will be required to complete a self-assessment that will help to reinforce the tutor feedback. This will enable the student to reap the full reward of the experiential learning that takes place during the session.

Pre-requisite(s)

None

Co-requisite(s)

None

Module abstract

Clinical Negligence and Personal Injury Litigation introduces you to barristers’ skills in resolving disputes in clinical and negligence cases, within and outside litigation. You will analyse the facts of authentic litigation case studies, build on your existing tort law knowledge, identify and research specialist aspects of further tort law, evaluate evidence about liability and the value of a claim for injury compensation and past/future financial losses, to achieve clients’ objectives and outcomes. You will benefit from a blend of large group sessions to understand key themes and principles, tutor-guided independent learning to deepen knowledge and small group sessions to develop and apply practical skills in everyday contexts in this area of work. You will benefit from technology-enhanced learning, including digital reading lists and recorded lectures, and feedback opportunities to build your skills, knowledge and understanding, and to equip you for the module assessment and pupillage.

What will I learn on this module?

This is an optional module on the Bar Professional Training Course (BPTC) and delivered across the portfolio of Bar Professional Training courses at Northumbria University.

On this module you will be introduced to the work of a barrister in a clinical negligence and personal injury practice. You will build on your existing knowledge of tort law and develop your understanding of key principles of clinical negligence and personal injury practice, in the context of realistic scenarios where you will be representing claimants and defendants. This module aims to prepare you adequately for pupillage in this area.

You will develop substantive knowledge and understanding of the different practical legal contexts for the areas of tort law disputes and of the relevant procedural context for resolving disputes (including for pre-action behaviour).

This structured module will introduce you gradually to increasingly complex factual and legal cases, developing your skills, by:

1. Applying that knowledge to the case studies

2. Analysing case materials and evidence, and managing facts

3. Researching the position on liability

4. Researching the quantification of general damages for injuries, and damages for past and future financial loss

5. Formulating a case strategy and tactics

6. Providing effective and professional written or oral advice to the client

7. Drafting statements of case; and

8. Undertaking advocacy in the context of contested issues.

You will also recognise and address issues of professional conduct throughout the module.

You will have ample opportunities for feedback on your skills as practised, to encourage your development, ahead of the module assessment in one of the skills practised in the sessions.

Course info

Credits 12

Level of Study Postgraduate

Mode of Study 1 year full-time
1 other options available

Department Northumbria Law School

Location City Campus, Northumbria University

City Newcastle

Start September 2019

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