Employers and public liability
Employers’ liability and public liability (EL/PL) claims have undergone unprecedented change in the way they are litigated and managed. We have a large team of lawyers across our national office network who are immersed in the EL/PL market, providing clear and proactive advice that goes beyond claims in order to protect our clients’ reputation and supporting them in managing risk.
We’re equipped to deal with all aspects of litigation, regardless of value or complexity, with a team that includes experienced litigators, in-house advocates, costs specialists and a counter fraud sub-team. This comprehensive offering ensures there is a seamless handling of the full range of EL/PL claims, with particular expertise in managing diverse, complex and high value claims, such as those involving injuries of the upmost severity, bullying, harassment and work-related stress, defamation, equality issues and data breaches. We also have expertise in coordinating immediate responses following major incidents.
Our EL/PL team works with a diverse range of clients 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 learnings, regulatory assistance and counter fraud techniques to the advantage of both sectors.
We work in partnership with our clients and see an integral part of our role as working collaboratively in identifying key risk areas and the implementation of measures to mitigate those risks.
What we do...
- Our clients - we advise commercial insurers, SMEs, brokers and the public sector – such as NHS Resolution, local authorities, public bodies, TPAs, loss adjusters and the Lloyd’s market.
- Specialist advice – from claims investigations and HSE prosecutions through to complex industrial disease litigation and multi-disciplinary major incident responses.
- Claims innovations – BJ Protect, Fraud Arrest, Best Offer are but a small number of the products which we have on offer to drive down the cost of litigation.
- EL/PL claims handlers’ course - ensuring that your junior handlers have sound knowledge and are fully informed in this quickly changing arena.
- Expert legal input throughout your claim – with expertise in technical complex claims including CPRS, Human Rights Act, misfeasance in public office, secondary victims, vascular neuropathy, long-tail and short-tail disease and psychiatric injury and counter fraud defences.
- Recoveries against third parties – our specialist recoveries team advises in complex multi-party actions where contractual indemnities play a key role e.g. the construction industry.
- Policy coverage advice – recognising that coverage is fundamental to any EL/PL claim, our expert team will ensure clear and concise coverage advice is provided at the outset, with standalone advice also provided in relation to insurance coverage disputes.
Featured experience
Successful settlement in an EL claim
Achieved a successful settlement in an EL claim brought against our client following life changing spinal and head injuries suffered by a claimant who fell 20 stories through a building side shaft during the course of his employment. His claim was agreed at a value of £7.5m in damages, with a 40% reduction secured for contributory negligence based on German law principles and 70% contributions to the remainder of the claim from two co-defendants for their responsibility as the production company and building site occupiers. This left our client with a net liability of a £1.35m liability, a saving of £6.15m on the claim.
Represented a non-departmental public body
Represented a non-departmental public body following catastrophic injuries sustained by an employee who suffered traumatic amputations to both legs when he was struck by an excavator during the course of his employment. By working collaboratively with the Claimant’s solicitors and engaging rehabilitation support, the Claimant’s outlook was dramatically improved and favourable settlement reached at a joint settlement meeting.
PL claim brought against a school
Successfully defended a PL claim brought against a school after the claimant, a sixth form pupil, suffered a significant injury while climbing over locked school gates. In an important decision for schools, the court concluded there was no breach of the common law duty of care and that, at the time of the accident, the claimant could not be considered a lawful visitor for the purposes of the Occupiers Liability Act 1957. The claimant had limited permission to enter the premises, but that did not extend to being permitted to climb the gate and therefore any duty of care owed was the lesser duty under the Occupiers Liability Act 1984. That duty was not breached, with the decision emphasising that courts will be slow to impose an unreasonably high burden and that there is not a duty to warn of an obvious risk.
Non-departmental public body
Advising a non-departmental public body on civil liability, an investigation under section 19 of the Flood and Water Management Act 2010 and numerous claims following extensive flooding.
Key contacts
John Appleyard
Partner
James Fawcett
Partner
Matthew Harpin
Partner
Kevin Lawson
Partner
Rachel Lyne
Partner
Joanne Mulvenna
Senior Associate
Joanne Pruden
Partner
Helen Rideout
Partner
Bridget Tatham
Partner
Angela Williams
Legal Director
Victoria Curran
Partner
Testimonials
Without exception, all members of Browne Jacobson’ s PI team are excellent team players. As a result they provide the highest level of service to their clients. The PI team’s knowledge of the law, the market and of their insurer clients’ needs is also second to none.
Very good, and they offer lots of training and seminars on hot topics.
They know the work and the law, as well as their clients' needs inside out.
The firm presents itself impeccably and has admirable capabilities - individuals within the team are clearly immensely knowledgeable.
You may be interested in...
Published Article
ClientEarth claim may expand scope of directors' duties
Opinion
The Solicitors Regulation Authority has approval to take over from the Solicitors Indemnity Fund
Legal Update
Embargoed Judgments: A Professional Word of Caution
Press Release
Browne Jacobson’s intellectual property lawyers ranked experts in World Trademark Review guide 2023
Opinion
Term-time school worker entitled to national minimum wage for unworked basic hours
Legal Update - Public matters newsletter
Public matters - January 2023
Opinion
Litigation in 2023 – Reforms on the horizon
Legal Update
Settlement agreements – what are the limitations?
Settlement agreements are commonplace in an employment context and are ordinarily used to provide the parties to the agreement with certainty following the conclusion of an employment relationship.
Legal Update
Five “takeaways” in claims against mortgage brokers following Taylor v Legal & General Partnership Services Ltd [2022] EWHC 2475 (Ch)
Claims arising from interest-only mortgages have been farmed in volume. Many such claims to date have sought to drive a narrative that interest-only mortgages are an inherently toxic product and brokers were negligent simply for suggesting them. Taylor is a helpful recalibration, focussing instead on what the monies raised by the mortgage product were being used for and whether the client understood the inherent risks.
Opinion
The Future of Mediation
Legal Update
Trigger happy when directors’ duties are the target?
In a judgment handed down yesterday the Supreme Court has affirmed that a so called “creditor duty” exists for directors such that in some circumstances company directors are required to act in accordance with, or to consider the interests of creditors. Those circumstances potentially arise when a company is insolvent or where there is a “probability” of an insolvency. We explore below the “trigger” for such a test to apply and its implications.
Legal Update
The Retained EU Law
Created at the end of the Brexit transition period, Retained EU Law is a category of domestic law that consists of EU-derived legislation retained in our domestic legal framework by the European Union (Withdrawal) Act 2018. This was never intended to be a permanent arrangement as parliament promised to deal with retained EU law through the Retained EU Law (Revocation and Reform) Bill (the “Bill”).
Legal Update
Failure to comply with PD57AC — it can be costly!
Practice Direction 57AC (“PD57AC”) relates to witness evidence in trials and explicitly applies only to the Business and Property Courts. It applies to existing proceedings in which the witness statements for trial are signed on or after 6 April 2021.
Opinion
Sequana: Supreme clarification on the duty owed to creditors
The Supreme Court has unanimously dismissed the BTI v Sequana appeal and reviewed the existence, content and engagement of the so-called ‘creditor duty’; being the point at which the interest of creditors is said to intrude upon the decision-making of directors of companies in financial distress.
Legal Update
Common AI related technology project disputes and how to prevent them
The increased use of artificial intelligence (AI) is revolutionising the way businesses operate and is having a disruptive impact in sectors that have traditionally been slow to modernise.
Legal Update
The Civil Justice Council’s (CJC) proposed reforms to the Pre-Action Protocols (PAPs) and the possible mandatory ADR gateway. What could this mean for your case?
In November 2021, The Civil Justice Council’s published its interim report on proposed changes to the current Pre-Action Protocols, which included a mandatory Alternative Dispute Resolution (ADR) gateway. In this article, we look at proposed reforms and consider what this could mean for your case.
Opinion
Job applicant receives settlement due to unlawful age discrimination at interview
Janice Walsh applied for a job with Domino’s Pizza, hoping to secure a role as a Delivery Driver. However things quickly took a turn for the worse during her initial interview, with the very first question that she was asked relating to her age. Ms Walsh was ultimately informed that she had not been successful in her application.
Opinion
Covid Rent Arrears: Cinema operators’ appeals dismissed
The Court of Appeal has dismissed two cases regarding rent arrears accrued during the Covid lockdowns. The cases are London Trocadero (2015) LLP v Picturehouse Cinemas Ltd and Bank of New York Mellon (International) Ltd v Cine-UK Ltd.
Opinion
Proceed with caution – covenants in franchise agreements
In the recent case of Dwyer (UK Franchising) Limited v Fredbar Limited and ano’r [2022] EWCA Civ 889, the Court of Appeal considered the reasonableness of restrictive covenants in a franchise agreement.
Opinion
Wide interpretation of “detriment” caused victimisation claim to succeed
The Employment Appeal Tribunal (EAT) decision in the case of Warburton v The Chief Constable.
Opinion
Restrictive Covenants – are changes coming?
Restrictive covenants are widely recognised as a complex area of employment law that is of key importance to many organisations. However more recently, they have become a hot topic with the Government launching their consultation.
Opinion
Are whistleblowers entitled to keep their employer’s confidential documents?
In Nissan v Passi, the High Court recently considered the issue of an employee retaining confidential documents belonging to his former employer in the context of the employer’s application for an injunction seeking the return of such documents from the employee.
Legal Update
Four top tips to avoid disputes when entering into service level agreements with suppliers
We regularly encounter disputes relating to Service Level Agreement provisions - here we provide four top tips that you can use to minimise disputes.
Opinion
Revisions to the Highway Code and potential impact on civil liability
The Highway Code has had its first major revision since 2007. Amongst several changes, a new hierarchy has been created, with road users who are most likely to cause harm having the greatest responsibility to reduce the threat they may pose to other road users (rule 204 of the Code).
Legal Update - Shared Insights
Shared Insights: Preparing for 2022 – the big issues for legal teams across health and social care
We were delighted to be joined by Dr Nigel Sturrock, Regional Medical Director for the Midlands at NHS England and NHS Improvement. He gave an overview of the pressures placed on the NHS by the pandemic, including the impact on urgent and emergency care, elective procedures and staffing.
Legal Update
Recovering School Fees? Don’t forget about the Pre-Action Protocol for Debt Claims
Schools will need to comply with the requirements of the PAPDC or potentially face financial consequences. This article provides an overview of the PAPDC and explains how it applies to schools.
Opinion
Dealing with Covid Rent Arrears – an overview but no specifics
Following on from our recent article on the release of the updated Code of Practice for dealing with commercial rent arrears that have accrued throughout the pandemic, we continue to highlight what the overall principles seek to ensure - fairness and proportionality for both landlords and tenants across each step of the arbitration process.
Press Release
Reaction: Supreme Court rules in favour of Google
The Supreme Court has unanimously overturned the Court of Appeal’s 2019 decision in the case Lloyd (Respondent) v Google LLC (Appellant) which allowed the claimant, Mr Lloyd, to serve a representative action on Google on behalf of over four million iPhone users who were seeking damages for ‘loss of control’ of personal data.
Legal Update
Local authorities: recoveries from abusers for the benefit of the public purse
It is an unfortunate reality that many local authorities face historical abuse claims, and often held vicariously liable for abuse by their former employees. We set out an overview of recoveries law and insight into successes we have had in recouping money for local authorities.
Legal Update
Contract termination in Covid-19 times
The ‘new normal’ has brought with it a variety of different challenges and it has had an impact on nearly all facets of our lives, including the termination of contracts during these Covid-19 times.
Legal Update
Recovering monies from an individual? Don’t forget about the Pre-Action Protocol for Debt Claims
The PAPDC does not apply to business to business debt only if the debtor is a sole trader. Much more information is required under the PAPDC within a letter of claim and debtors should be given more time to respond along with an opportunity to make payment proposals throughout the pre-action process.
Opinion
Business and Property Courts: remote hearings to remain, for now…
For business disputes, it looks likely that remote hearings will be an option into the future.
Legal Update
Supreme Court clarifies approach to liquidated damages clauses
The recent decision of the Supreme Court in Triple Point Technology, Inc. v PTT Public Company Ltd [2021] UKSC 29 has brought long-awaited clarity to the proper approach to the interpretation and application of liquidated damages clauses where works under a contract are delayed and the contract is terminated before the works are completed.
Legal Update
Lloyd v Google – what next?
The Supreme Court’s pending decision could potentially open the floodgates for data privacy litigation going forward.
Opinion
Insolvency applicants: getting the basics right
A number of interesting developments have emerged from what was quite a run-of-the-mill insolvency application brought by a litigation funder assignee.
Legal Update
An IT showdown – CIS General Insurance Ltd v IBM United Kingdom Ltd
The Technology and Construction Court has recently handed down judgment in a complex and high value claim brought by the Co-op’s insurance arm (CIS) against IBM following the termination of a contract for a new IT system.
Legal Update
Litigators beware! Recent changes to Part 36 Offers
The Civil Procedure (Amendment) Rules 2021 (‘the CPAR 2021’) introduces a new Civil Procedure Rule 36.5(5) to clarify the issue of interest after the expiry of Part 36 offers.
Opinion
Covid-19 insolvency measures extension
From 26 March 2021 the Corporate Insolvency and Governance Act 2020 (Coronavirus) (Extension of the Relevant Period) Regulations 2021 will come into force with the effect of extending several of the temporary measures brought in by the Corporate Insolvency and Governance Act 2020 (CIGA).
Training
Post-Covid child abuse litigation - a new future
In this training video participants and their organisations will be starting to look beyond the immediate impact of Covid-19, now planning for the future of litigation including child abuse litigation.
Opinion
Covid, claims and the courts
The Ministry of Justice has recently released its civil justice statistics for the period October to December 2020. These statistics show an overall significant downward trend in claim activity compared to pre-Covid times.