The power of partnership in serious injury claims: Reflections from the Royal Faculty Conference

The event, on 21 October, brought together practitioners from across the Scottish personal injury community for a programme covering judicial perspectives, serious injury litigation, asbestos claims, expenses and recent case law developments. Alongside Rachel Henry of Keoghs, I presented a session entitled ‘The power of partnership in serious injury claims’, discussing how pursuer and defender representatives can work collaboratively on practical issues whilst continuing to robustly represent their respective clients' interests.

What did the session entail?

The session focused on several recurring themes in serious injury litigation, including rehabilitation, liability investigations, coordinating expert evidence, interim payments and litigation management. Throughout the discussion, we explored how early engagement, constructive communication and transparency can reduce delay and improve decision-making for all involved.

The importance of audience contribution

A valuable part of the session was undoubtedly the audience contribution. There was engagement from delegates throughout. Attendees challenged assumptions, shared practical experiences from both pursuer and defender perspectives and raised thoughtful questions about the realities of managing complex claims. The discussion became a genuine exchange of ideas rather than simply a presentation from the front of the room.

Those contributions reinforced an important point. Partnership does not mean agreement.

It does not require parties to compromise their clients' positions or avoid difficult issues. Rather, it involves recognising where genuine disputes exist whilst identifying the many areas where progress can still be made collaboratively. Whether discussing rehabilitation, evidence gathering, interim funding or court timetables, there was a clear consensus that early and open communication can often avoid unnecessary delay and frustration. Equally, understanding the pressures, constraints and objectives of those on the other side of a claim can frequently help achieve better outcomes for everyone involved.

A thank you to those involved

I am grateful to everyone who attended and contributed so openly to the discussion. The quality of engagement demonstrated the strength of the Scottish serious injury profession and highlighted the benefit of creating opportunities for practitioners to come together, share experiences and learn from one another. My thanks also go to the organisers, fellow speakers, the audience and my co-presenter for helping make the session such an enjoyable and thought-provoking discussion.

Conclusion

If there was one key takeaway from the session, it is this: serious injury litigation will always involve disagreement, but the best outcomes are often achieved when parties communicate early, focus on practical solutions and keep the injured person at the centre of the process.