Posts Tagged ‘Claims’
Thursday, November 1st, 2012
…This year a man has been left in a critical condition after accidentally hanging himself on a noose that had been set up as a Halloween prop at a nightclub!
Fortunately, the reveller’s condition has improved and the local council are investigating the safety of the event. The owner of the club said it was a “freak accident” involving a low-hung prop that had been safely used for several years.
However, the diverse ways in which we now celebrate social events and occasions also increase the risk of injury (and possible claims). After all, the risk is that a Court could find that occupiers could potentially have to take extra care where adults are under the influence.
Event organisers should keep a constant eye on assessing their venues to ensure that they are complying with their statutory obligations…
especially with Bonfire Night on the horizon!
Posted by Jonathan Cook, who specialises in defendant public liability work including employers’, occupiers’ and highways liability cases from initial instruction to trial. Including small claims, fast and multi track work.
Jonathan Cook
0115 976 6150
jcook@brownejacobson.com
Tags: Claims, health and safety, jonathan cook, personal injury, social events, statutory obligations
Posted in Health & Safety | No Comments »
Thursday, March 15th, 2012
A park warden slipped on ice while erecting a “keep off the ice” warning sign. Needless to say, he has claimed for compensation and the council has felt obliged to settle out of court.
In my opinion, until the court’s start to heed the general public’s perception that “health and safety laws have gone mad”, then claims like this will have to be settled as the risks of going to court are too high, with enhanced legal costs that follow an unsuccessful defence.
On a positive note, to install the tracking devices on its gritting lorries to show precisely when a particular highway treated is an excellent idea to show that an authority has complied with Section 41(1A) Highways Act.
Posted by Jonathan Cook, who specialises in defendant public liability work including employers’, occupiers’ and highways liability cases from initial instruction to trial. Including small claims, fast and multi track work.
Jonathan Cook
0115 976 6150
jcook@brownejacobson.com
Tags: Claims, councils, health and safety, Highways Act, legal costs, local authorities, local authority, park warden slips on ice, Public Sector, risk
Posted in Employers & Public Liability, Insurance, Local Authorities | No Comments »
Thursday, February 16th, 2012
David Cameron has this week hosted a summit of motor insurers to address the high level of whiplash claims in the UK. Among proposals are banning referral fees, a presumption against whiplash in RTAs under a minimum speed and a requirement for additional expert evidence.
Whiplash claims in the UK have increased despite reductions in RTA casualties, with rates higher than in many other countries. The ABI calculates this adds £90 to the average motor premium, and a substantial industry has developed to take advantage of the costs recovered.
Action is needed, but additional evidence or a referral fee ban without measures to control costs risk enhancing claims industry profitability, preserving the incentive to maximise claims.
A comprehensive fixed costs scheme for lower value claims, with costs at an appropriate level and an increase in the small claims limit for injury claims appears the most promising response. However, the Government has proved slow to progress reform in these areas.
Posted by James Arrowsmith, who specialises in high value personal injury claims, extensive experience of claims relating to head injuries and serious bodily injury, psychiatric damage and injuries to children.
James Arrowsmith
0121 237 3981
jarrowsmith@brownejacobson.com
Tags: ABI, Claims, David Cameron, road traffic accidents, whiplash claims
Posted in Insurance | No Comments »
Thursday, October 6th, 2011
We often act for agencies that have employed people who are accused of abusing children. For the most part these agencies are publicly funded local authorities. The claimants themselves frequently have Legal Services Commission (LSC) certificates, which means both claimant and defendant are publicly funded.
A recent change in the law means that more and more claimants are suing their abusers direct, particularly when it is difficult or too expensive to demonstrate any local authority involvement/negligence. In EB v Haughton although the criminal court had found the abuser not guilty the Judge in the civil court found the alleged abuse had taken place and had caused the claimant injury and loss worth over £30K. It now transpires that Haughton had also a LSC certificate which paid his solicitor’s costs and means it is difficult for the claimant to enforce her award and her £111,000 costs ( I bet she was on a CFA). She has decided to sue the LSC. As far as we can make out, the claimant’s case is that the LSC owed her a duty of care not to fund an unmeritorious defence. We would be most surprised if this claim succeeds, but we do expect more claims based on the actions of individuals to focus on institutional defendants such as local authorities, schools and charitable organisations who will be seen to have larger pots of funds then the abusers themselves.
Could publicly funded institutional defendants bring similar claims against the LSC? Watch this space.
Posted by Sarah Erwin-Jones, who specialises in social services, the care sector, education and negotiating legal costs; advises on risk management issues including data protection matters.
Sarah Erwin-Jones
0115 976 6136
serwin@brownejacobson.com
Tags: Claims, EB v Haughton, Legal Services Commission certificates, local authorities, LSC
Posted in Local Authorities, Social Care | No Comments »
Wednesday, October 5th, 2011
The Government has announced that the length of service needed for the right to bring an ordinary unfair dismissal claim will increase from one year to two, from April 2012. It claims the move will reduce the number of unfair dismissal claims brought against employers each year by 2,000. The move has been welcomed by the CBI, but are unfair dismissal claims by employees with between one and two year’s service really the problem for employers? Of more concern to employers must surely be unfounded allegations of discrimination (for which there is no service requirement), which often require long and costly employment tribunal hearings to defend.
The qualifying period of service for claiming unfair dismissal used to be two years, before it was successfully challenged in Europe in the late 1990’s as being indirectly discriminatory against women. It will be interesting to see if such a challenge is brought following this latest announcement, and whether such a challenge would stand up.
Posted by Tom McLaughlin, who specialises in contentious and non-contentious employment matters including; contractual issues, unfair dismissal, redundancy and all areas of discrimination.
Tom McLaughlin
020 7337 1033
tmclaughlin@brownejacobson.com
Tags: CBI, Claims, discrimination, employment, employment tribunal, government, length of service, qualifying service, Tom McLaughlin, unfair dismissal, unfair dismissal claim
Posted in Employment, Health, Retail | No Comments »
Friday, September 30th, 2011
Hot on the heels of yesterday’s announcement (29 September 2011) that only 60 babies were adopted last year, comes the news that the number of children in care in England has increased to 65,520.
Monitoring these placements is not easy, it involves social workers working with multidisciplinary teams and families to try and work out what is best for each child. We are seeing an increasing number of claims arising out of such placements (and indeed failure to make such placements). To defend each claim we have to read lots of paper and electronic documents. We also need to spend valuable hours with practitioners so that we can explain what Social Work Practice means on the ground, and why decision making is not simple. The amount of time this involves is breathtaking yet quite often the value of the claim relatively low.
Sadly my view is that Social Workers may, like health professionals, have to become used to the idea that giving evidence in professional negligence claims is simply part of the job. Employers can make that change of culture easier by providing regular training and support.
Posted by Sarah Erwin-Jones, who specialises in social services, the care sector, education and negotiating legal costs; advises on risk management issues including data protection matters.
Sarah Erwin-Jones
0115 976 6136
serwin@brownejacobson.com
Tags: adult safeguarding, child protection, children in care, Claims, local authorities, professional negligence, professional negligence claims, Public Sector, Sarah Erwin-Jones, Social Care, social workers, training social workers
Posted in Professional Indemnity, Public Sector, Social Care | No Comments »
Friday, September 30th, 2011
On 1st October the 57th update to the Civil Procedure Rules comes into force.
The 57th version seeks to bring uniformity and clarity to the meaning of “more advantageous” and “at least as advantageous” in Part 36. In recent cases judges have been seen to use their discretion leading to inconsistency in their decision making when it comes to awarding costs following an unaccepted Part 36 offer.
From 1st October, “more advantageous” means “better in money terms by any amount, however small”. And “at least as advantageous” shall be “construed accordingly.”
The amendment will provide a clearer cut approach to the costs rules, and it is hoped that the change will reduce the number of appeals bought forward regarding costs.
CPR.14(2)(a) provides that the normal cost consequences of Part 36 do not have to apply following judgment if it is unjust for them to do so. It remains to be seen as to whether parties will seek to rely on this aspect of the Part despite the clarity provided, if for example, the award is better in monetary terms by a nominal amount.
Posted by Nichola Evans, who specialises in professional indemnity work, directors and officers, legal expenses insurance, conditional fee agreements and after the event insurance and commercial litigation.
Nichola Evans
020 7337 1019
nevans@brownejacobson.com
Tags: amendments, appeals, civil procedure rules, Claims, cost rules, Court of Appeal, Nichola Evans, Part 36
Posted in Commercial dispute resolution, Commercial Litigation, Insurance, Litigation | No Comments »
Friday, September 16th, 2011
Many of the claims we see against Local Authorities Children’s Services Departments arise because of the alleged failure of multi-disciplinary teams to either spot, or act sufficiently quickly to support, inadequate parenting.
Excessive workloads, long term staff illness, poor morale arising from uncertainty about jobs and lack of clarity about who is to do what and by when can allow these cases to drift. So its good to see how Family Intervention Projects can support local authorities, and lead families to more stable environments, and skill up parents where necessary. According to this report estimated savings of £3.8m were achieved, with over a third of referred cases being “successful”. Add to that the avoidance of up to £100,000 legal fees for every professional negligence claim avoided and the benefits start to add up really quickly!
Posted by Sarah Erwin-Jones, who specialises in social services, the care sector, education and negotiating legal costs; advises on risk management issues including data protection matters.
Sarah Erwin-Jones
0115 976 6136
serwin@brownejacobson.com
Tags: Claims, family intervention projects, good parenting, local authority children's services, professional negligence, Social Care, stable family environments
Posted in Education, Social Care | No Comments »
Friday, September 2nd, 2011
On 1 September 2011 the Government announced that the number of employment tribunal claims had fallen by 8 per cent this year compared to 2010.
This will be welcomed by employers, who have seen the amount of claims rise dramatically during the recent economic downturn (claims rose by 56 per cent in 2010).
However, it is not all good news.
Age discrimination claims have risen by 32 per cent. This may be as a result of employers struggling with changes to how and when employees can be retired and is something all employers need to handle with care and claims by part-time workers claiming less favourable treatment have nearly tripled. This is a stark reminder that part-time workers are entitled to the same benefits (pro rata) as full time employees.
Employers should also note that the number of claims is still significantly above 2009 levels, indicating that employees are very aware of their rights and are not afraid to involve the tribunal to enforce them.
Ben Standing
0121 237 4563
bstanding@brownejacobson.com
Tags: age discrimination, Claims, employers, employment tribunal, government, part-time workers
Posted in Employment | No Comments »
Friday, September 2nd, 2011
The BBC made a Freedom of Information request to the Ministry of Justice which found that there was an increase in annual convictions of 772 between 2005 and 2010. The reasons will be many and various. The stigma attached to being a victim of a sexual offence is lessening; information available to victims of sexual assault is more easily accessible; and the Internet, as well as a tool for offenders, is also a means by which they can be found.
Our experience matches this profile. The number of civil claims for compensation against local authorities, schools, sports clubs and charities we see remains steady. If anything, they are gradually increasing, and the claimants solicitors are prepared to bring claims where there is no successful conviction.
Posted by Sarah Erwin-Jones, who specialises in social services, the care sector, education and negotiating legal costs; advises on risk management issues including data protection matters.
Sarah Erwin-Jones
0115 976 6136
serwin@brownejacobson.com
Tags: Claims, convictions, freedom of information, Ministry of Justice, sex offences on children, sexual assults
Posted in Education, Local Authorities, Social Care | No Comments »
Wednesday, August 10th, 2011
Disturbances in London and major cities is expected to cost the country around £200 million. While domestic and many commercial insurance policies will provide cover, the Riot Damages Act is broadly expected to permit both insurers and uninsured victims to recoup losses in relation to property damage. It is unclear what the police position will be in relation to whether the disturbances fall within the act.
Claims under the act must be submitted within 14 days of the damage taking place, though the ABI and others are lobbying for an extension to 42 days. Insurance policies typically make it a condition precedent that incidents be reported within 7 days. Prompt action is essential as full details of the damage must be submitted.
- Policyholders must ensure they report damage to insurers immediately, or risk having their claim rejected
- Insurers should encourage policyholders to report losses, and must ensure claims are submitted to relevant police authorities within 14 days
Posted by Derek Bambury, who specialises in professional indemnity, dealing with claims against a wide range of professionals; experienced in policy coverage disputes.
Derek Bambury
0115 976 6204
dbambury@brownejacobson.com
Tags: ABI, birmingham, Claims, commercial insurance policies, london, manchester, Police, Riot Damage Act
Posted in Insurance | No Comments »
Wednesday, July 27th, 2011
An army officer’s claim for damages for personal injuries sustained during a formal adventurous training exercise has been dismissed by the court.
As the leaders of the group crossed a rugged terrace there was a rock fall from the area where they had reached. One of the group was struck on the head by a rock and suffered skull fractures resulting in a severe traumatic brain injury.
The court ruled there had been no breach of duty of care by the leaders. The leaders held appropriate qualifications to lead the climb and had undertaken proper risk assessments and continuous reviews. It was impossible to say what triggered the rock fall and a fuller reconnaissance of the route would not have led to any different course of action.
This tragic accident demonstrates that many hazardous activities carry inherent risks which cannot be negated completely and provides a good indication as to the extent of planning organisers should have in order to satisfy their obligations.
Posted by Jonathan Cook, who specialises in defendant public liability work including employers’, occupiers’ and highways liability cases from initial instruction to trial. Including small claims, fast and multi track work.
Jonathan Cook
0115 976 6150
jcook@brownejacobson.com
Tags: Claims, negligence, personal injury, risk assessments
Posted in Employers & Public Liability, Insurance | No Comments »
Wednesday, July 27th, 2011
“It makes no sense to think that an insured may have become time-barred in a claim … before … he has any cause of action to bring it”. Sounds obvious but that wasn’t the High Court’s approach when it upheld a time-bar clause in McILroy. The public liability policy provided that the insured must refer any dispute about the insurer’s “liability in respect of a claim” to arbitration within 9 months or the claim was deemed abandoned. At first instance, the insurer successfully relied on the fact that proceedings were not issued until after 9 months from its refusal to indemnify for breaches of condition precedent.
The Court of Appeal has now overturned that decision because the High Court ignored the long-standing principle that liability under an indemnity policy is not triggered until the existence and extent of liability to the third party is established (Post Office v Norwich Union (1967)).
Therefore, in dispute resolution clauses, “claim” means “crystallised claim”.
Posted by Jonathan Newbold, who specialises in professional negligence, financial services and commercial dispute resolution; advises insurers on policy wording and coverage matters.
Jonathan Newbold
0115 976 6581
jnewbold@brownejacobson.com
Tags: Claims, Court of Appeal, crystallised claim, High Court, McIlroy, Post Office v Norwich Union (1967), public liability, time-bar clause
Posted in Insurance, Professional Indemnity | No Comments »
Tuesday, July 12th, 2011
Mr Fox’s £280,000 claim for a back injury after he suffered a fall at work was settled for £32,000 a year after the defendant made a £24,000 offer.
At first instance the claimant was ordered to pay the defendants costs from expiry of the first offer. The claimant had not succeeded after that time, alternatively, the claimant’s conduct justified the award.
The decision was reversed on appeal. The issue of success was abandoned by the defendant. In relation to conduct, Jackson LJ explained though settlement fell short of the claim due to adverse surveillance and medical evidence, misrepresentation had been excluded by the Judge and there were no procedural issues which justified an award against the claimant.
Jackson’s message to defendants is clear: make an adequate Part 36 offer or risk costs.
Posted by James Arrowsmith, who specialises in high value personal injury claims, extensive experience of claims relating to head injuries and serious bodily injury, psychiatric damage and injuries to children.
James Arrowsmith
0121 237 3981
jarrowsmith@brownejacobson.com
Tags: Claims, Fox v Foundation Oiling Ltd, Jackson judgement, Part 36
Posted in Employers & Public Liability, Insurance | No Comments »
Friday, March 11th, 2011
Lord Phillips handed down a detailed judgement in the cases of two women who died from mesothelioma following low level exposure to asbestos.
Whilst the headlines rightly concentrate on the flood of low exposure claims which will undoubtedly follow, I was struck by the Supreme Court taking the time to set out in very clear terms a step-by-step approach to the case law behind Fairchild and, why in light of the lack of certainty in scientific knowledge, the Fairchild exception is necessary in mesothelioma claims.
If the 84 page judgement causes you to baulk – at least read the detail of Lord Phillips judgement. I wonder if the Supreme Court wanted to use the opportunity to provide clarity in a complex area of the law following their poorly received judgement in the series of cases known as the trigger litigation.
Posted by Bridget Tatham, specialising in: high value complex litigation relating to disease and stress and bullying at work; experienced in regulatory matters including advocacy, investigations and inquests.
Bridget Tatham
0121 237 3916
btatham@brownejacobson.com
Tags: asbestos claims, Claims, elpl, exposure to asbestos, insurance claims, local authority claims, mesothelioma
Posted in Employers & Public Liability, Insurance | No Comments »
Friday, January 14th, 2011
In Ashford –v- Somerset County Council a 9 year old student was being led in a line of pupils exiting a classroom. The teacher was at the front of the line and opened the door and led the children into the corridor. The Claimant was at the back of the line and when he turned around to talk to some friends, the door closed on his fingers.
The Claimant argued that the Council should have fitted door closures and other protection to the door; that Risk Assessments had been completed and sufficient supervision was not in place.
The Court found that just because door closures were available it did not necessarily mean that there was a breach if they were not utilised. A door is safe without such protection and a child of the Claimant’s age should be familiar with doors and their dangers.
While the Council had not risk assessed for the type of accident that occurred for that specific door, the Court found it was not necessary to do so as there had been no other accident prior to this one.
The claim was dismissed – the School’s duty was to take such care as would be exercised by a reasonably careful parent and not to take steps to ensure the complete safety of its pupils. Commonsense prevailed.
Posted by Jonathan Cook, who specialises in defendant public liability work including employers’, occupiers’ and highways liability cases from initial instruction to trial. Including small claims, fast and multi track work.
Jonathan Cook
0115 976 6150
jcook@brownejacobson.com
Tags: Claims, elpl, insurance claims, local authority claims
Posted in Employers & Public Liability, Insurance, Litigation, Local Authorities | No Comments »
Monday, January 10th, 2011
The Government has today confirmed it will not implement the Civil Law Reform Bill proposed by its predecessor in a February 2010 consultation.
The Bill and accompanying consultation sought, amongst other things, to implement recommendations of the Law Commission in relation to fatal accidents and interest on damages including a ‘catch all’ provision for dependency claims under the Fatal Accidents Act, to cover all those ”being maintained by the deceased immediately before the death “; extending the class of individuals entitled to bereavement damages and new rules in relation to interest on damages, to allow for compound interest awarded at increased rates.
The proposals gave rise to significant risk of satellite litigation and increased claim costs which would have had a particular adverse effect on many of our public sector and insurer clients, and were opposed by Browne Jacobson.
The Government’s full response to the consultation.
Posted by James Arrowsmith, who specialises in high value personal injury claims, extensive experience of claims relating to head injuries and serious bodily injury, psychiatric damage and injuries to children.
James Arrowsmith
0121 237 3981
jarrowsmith@brownejacobson.com
Tags: Civil Law Reform Bill, Claims, Fatal Accidents Act
Posted in Insurance, Insurance - Advisory | No Comments »
Friday, January 7th, 2011
Claims management companies are prohibited from inducing claims by offering an immediate cash payment as an inducement to the public to make injury claims. However, this has not prevented them from offering cash back, often between £200 and £500, on acceptance of a claim by solicitors.
The distinction is technical, and the practice was descried by Lord Young in Common Sense, Common Safety as a ‘high pressure marketing technique’ which fuels perceptions of a compensation culture. Young recommended that the practice be prohibited.
The Ministry of Justice is now consulting on an amendment to the Claims Management Regulations which would have the effect of banning all cash incentives in relation to personal injury claims.
The consultation is open until 10 February.
Posted by James Arrowsmith, who specialises in high value personal injury claims, extensive experience of claims relating to head injuries and serious bodily injury, psychiatric damage and injuries to children.
James Arrowsmith
0121 237 3981
jarrowsmith@brownejacobson.com
Tags: Claims, Lord Young
Posted in Insurance, Insurance - Advisory | No Comments »
Tuesday, November 16th, 2010
The Government published its consultation in relation to the cost of civil claims on 15 November, coinciding with a linked paper regarding Legal Aid.
Its key recommendations include abolishing the recovery of success fees or ATE premiums from the losing party, the use of qualified one way costs shifting and damages based agreements and enhanced penalties under Part 36 offers.
The consultation focuses primarily on issues of funding. Recommendations such as fixed fees, new processes and limitations on referral fees will be looked at separately. There is also a strong focus within the document on personal injury litigation, though a number of the proposed reforms would have wider ranging effects.
Posted by James Arrowsmith, who specialises in high value personal injury claims, extensive experience of claims relating to head injuries and serious bodily injury, psychiatric damage and injuries to children.
James Arrowsmith
0121 237 3981
jarrowsmith@brownejacobson.com
Tags: Claims, Jackson reforms, personal injury
Posted in Insurance, Insurance - Advisory, Litigation | No Comments »
