avoiding costs and negative publicity
the challenge:
A local authority client faced a claim from three siblings. They
claimed they had been negligently left in the care of their mother,
who failed to protect them from alleged sexual abuse at the hands
of their stepfather over a period of 15 years. The stepfather had a
history of sexual offences. The claims related to matters that had
happened over 25 years ago and a limitation defence was available
in relation to the two oldest siblings. The crucial question was
who knew what about the stepfather and when? With 28 witnesses
identified and 13 who could not be traced, it was established that
there was a serious risk of a finding of negligence against the
council, although the date of breach could not be agreed without
expert evidence.
our approach:
We worked closely with the local authority to deal with
disclosure and traces. At an early stage a strategic decision was
taken to call a joint settlement meeting, without the use of an
expensive mediator. Medical evidence was obtained and an admission
was extracted from the claimants solicitors for the purposes of the
meeting. We assisted insurers in agreeing an apportionment split
and ensured they were able to take part in the settlement
meeting.
the results:
Co-operation between the local authority teams ensured that
disclosure was dealt with effectively and witnesses traced;
insurers were able to agree an apportionment split and thereby
clear the way for a settlement discussion at an early stage. The
meeting resulted in the settlement of all three cases; costs were
agreed in one case; legal costs were minimised throughout the
process.