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Employer’s liability and public liability (EL/PL) claims have undergone unprecedented change in the way they are litigated and managed. Our team understands the issues impacting on the EL/PL market today and we provide clear and proactive advice which goes beyond claims to protect your reputation and your finances.
We assist you to deliver savings whether by the seamless provision of a claims handling service for low value volume claims through the portal, or by targeting the emergence of more diverse, complex and high value claims such as; chronic regional pain syndrome, psychological trauma, and NIHL - all requiring expert legal input. Our EL/PL team work with a diverse range of clients cutting across both the public and private sectors leaving us uniquely placed to maximise risk management, lesson learning, audit, leakage reporting, pre and post litigation management, regulatory assistance and counter fraud techniques to the advantage of both sectors.
We see an integral part of our role as feeding back risk management information that we acquire in the course of our defence of claims so that this can be utilised to your benefit.
Mr Karagi brought a claim against JBW Group Limited for alleged torts committed by two bailiffs, Sean Boylan and Craig Fenwick.
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After some delay, the Civil Liability Bill was introduced in the Lords today including proposals to reform the Personal Injury Discount Rate legislation.
A recent Court of Appeal decision considers the position where a defendant seeks to reconsider an earlier admission of liability where the value of a claim significantly increases following the admission being made.
In the case of Ivor Cook v Swansea City Council 2017 the Claimant slipped on ice in an unmanned car park owned and operated by a local authority which had not been gritted.
They're a really strong outfit - they've got a very good, broad offering and we use them for a number of areas.
They've got a very good reputation for local authority work.
The team has a fully integrated national presence. This excellent team will only get stronger.
Offers significant depth across an impressive range of fields, including employers' and public liability, RTAs and abuse. Acts for a wide array of insurer and public authority clients.
They go out of their way to understand their clients’ issues to ensure that a true working partnership is developed to the mutual benefit of the parties involved.
They always have the right solicitor for the claim. I trust their judgement, they're excellent.
They're attuned to our needs, always practical in their advice, and up to speed with all recent developments.
The claimant suffered a fractured spine whilst on an away day boat trip in the Bristol Channel. She missed the two-year limitation period for accidents at sea so brought a claim against the employer rather than the boat company. Acting for the employer, we brought contribution proceedings against the boat company, which were defended on the basis that limitation had expired. We lost at first instance but we successfully appealed on the point to the Court of Appeal. The case was followed by Professor McGee, the leading textbook author on limitation, because the outcome would cause a chapter of his book to be re-written. Our success resulted in a substantial saving for our client.
The claimant, a senior carer, chose to climb onto a resident’s bed to drag-lift him towards the head of the bed. In doing so she sustained an injury to her hip and alleged that her injuries would prevent her from working in a similar role in the future. The claimant alleged that her employer, our client, was negligent and in breach of its obligations under regulation 4 of the Manual Handling Operations Regulations 1992 as she ought to have been provided with a mechanical aide to assist in the manual handling task. We secured evidence of the claimant’s training and the course material to show that she had received adequate training in safe manual handling techniques and that the risks had been properly assessed and reduced. The claim was dismissed and we recovered our client’s costs in full.
The claimant, 'R' attended our client’s venue to attend a concert, during which she slipped on a spilt drink whilst Bjork was on stage. At the initial trial, the judge found that the defendant 'W' was liable under the Occupiers’ Liability Act 1957. In particular the judge found that our client was in breach of its duty for not preventing people from taking drinks into the venue to watch the concert and for not having a system in place to guard the entrances to the venue to prevent drinks from being taken in. Knowing the effect of the judgment on subsequent events organised by our client we advised them to appeal the decision on the basis that the judge had failed to apply the correct balance between risk and response. On appeal, the Honourable Mrs Justice Slade DBE agreed with our proposition that the judge had failed to set the correct balance. The first instance judgment was set aside and the appellant court found for our client and the claimant was ordered to pay our costs of both the initial trial and the appeal.
We recently had cause to appeal a decision of a District Judge preventing us from relying upon video footage (even though he had described it as “pure gold”).
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The good news is that the Department for Transport is providing £100m to local authorities to carry out much needed repairs and this should provide some much needed respite.
The Court of Appeal handed down judgment in the interesting case of Adrian Bowe v Mersey Rewinds Engineering Ltd & Ors (2018) last week.
The decision of the Court of Appeal in Cook v Swansea City Council 2017 reinforces that the extent of the duty owed under s2 of the Occupiers Liability Act 1957 is limited to taking reasonable care and that all the circumstances will be taken into account when establishing if the duty has been breached.
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