Insurance Litigation
Defendant
The Defendant department provides an expert service to major national insurance companies in all Defendant based matters. These services include:
General Insurance Law | Motor Liability | RTA Investigation Services | Motor Crime Services | Employer’s Liability Services | Health & Safety Prosecution Services | Public Liability Services | Product Liability Services | Training Services | Pre Litigation Assistance | Delegated Authority | “Facing the Challenges”
General Insurance Law Services
The contract of insurance provides the platform upon which all other related aspects of insurance law are based. Knowledge and understanding of the principles of insurance law is essential to the conduct of Insurance related work.
In addition we provide advice and assistance on the law of insurance including:
- Policy interpretation and wordings
- Contractual disputes between insurer and insured
- Fraud including arson
- Non disclosure, misrepresentation and utmost good faith
- Insurable interests, subrogation and agency law
- Declaration under Section 152 Road Traffic Act
Members of the department have many years' experience within and/or closely allied to the Insurance Industry and hence a close awareness of Insurers' working practices.
Contact: John Gore
Motor Liability Services
Our approach to motor liability litigation exemplifies the department's overall philosophy: first and foremost we are legal advisers for our clients, whether they be the Defendant or the Claimant. We apply our skills in RTA litigation, providing legal advice and representation.
We have developed a significant level of expertise over a number of years and have been able, in dealing with instructions from a broad range of 'Defendant' and 'Claimant' clients, to develop a large team of skilled fee earning staff fully conversant with all aspects of motor claims.
Increasing cost, inadequate reserving and other developments relevant to motor insurance have caused the industry generally to re-examine its approach to claims and litigation. We have tailored our department to respond to the pro-active insurer, aiming for a cost effective approach to settlement of motor claims.
Contact: Trevor Still
RTA Investigation Service
The RTA Investigation service is a specialist unit comprising twenty eight ex-traffic division policemen with more than 700' years combined experience of accident investigations between them. The unit provides a unique and cost effective service for the investigation of road traffic accidents. Instructions can of course be tailored to suit particular requirements, but the range of this service would ordinarily incorporate:
- Locus visit and inspection
- Scaled plans and photographs
- Interview and/or formal proof of insured/witnesses
- Police interview/discussion
- Site evidence analysis
- Reconstruction
This service is presently available either on a time cost basis of £45.00 per hour plus travel expenses or via a “menu” pricing arrangement.
In appropriate cases we will recommend when an independent accident reconstruction report is needed, as our service is not intended as an alternative to expert reconstruction analysis.
The service can be combined with a preliminary legal report on legal liability and quantum/further investigations if required.
Contact: Trevor Still
Motor Crime Services
On those occasions that it is deemed essential to provide support to the policyholder to defend road traffic criminal prosecutions, the importance of experience in this area cannot be over emphasised.
Our links with the motor insurance industry have led to the development of a team with considerable experience and invaluable knowledge of this forum. The help and support provided to policyholders during the difficult process always pays dividends, whether by way of specific penalty reduction, early liability assessment or intelligence gathering.
Links with the traffic investigation team, the CPS and the Police (and where appropriate the HSE) ensure a seamless, informed approach to the work required, with greater prospects of satisfactory outcome for all interested parties.
Motor prosecutions are a growing area of concern for policyholders – far more prosecutions are being initiated than ever, more with potentially serious consequences for the individuals concerned – including custodial sentences. Our team specialises in Crown and Magistrates Court work and co-ordinates with associated civil proceedings to ensure a joined up service to you and your policyholder.
We also provide representation (both active and watching briefs) in the Coroners Court.
Contact: Ian Davies
Employers' Liability Services
In this difficult market we act almost exclusively for Defendants and are ready to deploy our litigation expertise to meet that of experienced Union solicitors.
Having long been recognised as a firm with considerable expertise in corporate and commercial matters generally, the development of expertise geared to the Employers' Liability Insurer was very much a natural corollary. The provision of pro-active advice to commercial clients obviously develops a greater and more commercially realistic understanding of the reality of the employer/employee relationship.
We recognise that this is an area which underwent significant development due to the impact of the raft of EEC Directives. The relevance of the risk assessment cannot be underestimated, whether in relation to underwriting or subsequent claims. At the same time the continuing impact of 'date of knowledge' exceptions claims cannot be ignored, particularly in the light of continued scientific developments, which potentially open new avenues for claimants.
The department is tailored to respond to the needs of the pro-active insurer; the early settlement of genuine claims via constructive negotiations is of primary importance.
Contact: Mark Rivers
Health and Safety Prosecution Services
As the provision of overall support services to the commercial policyholder develops, we have recognised the need to ensure that the ‘criminal’ issues related to the Employers Liability arena are fully explored and that the relevant expertise is available to deal with them.
As an adjunct to our Employer’s Liability Services, the Health & Safety Prosecution team provides advice and assistance to policyholders from the earliest stages. Guidance and defence from experienced lawyers is essential in this rapidly developing area. The ‘overlap’ between employee road death and the Health & Safety prosecutions is an area still not yet fully developed but one where our team is already in position to deploy experienced personnel.
We are able to provide advice and representation from initial site visits pre-prosecution, but post-accident, representation at PACE interviews and a full defence service in either the Crown Court or Magistrates Court.
We are able to call on the services of specialist experts and Counsel on an out of hours basis for emergency work if necessary.
We also specialise in co-ordinating after the event and non-contentious health and safety services to provide the mitigation at Court or simply to provide the corporate policyholder a fully inclusive service.
Our team includes an ex-HSE Inspector, a very experienced Criminal Defence Partner and a NEBOSH qualified Lawyer.
Contact: Richard Voke
Public Liability Services
We have many years' experience of dealing with claims arising out of the ownership or occupation of premises, be they injuries to visitors, claims due to structural defects, or escapes from premises causing injury or loss.
Where necessary, we can arrange visits to premises to discuss issues arising out of potential or actual liabilities. Where claims have arisen, we recognise the need for early resolution of the case if, on investigation, liability is established and we ensure that the economics of disputes are kept clearly in mind.
We will provide prompt written advice following receipt of instructions, setting out a case plan in the event of a liability which has already arisen or recommendations for action if the matter is referred at the risk assessment or potential liability stage.
Contact: John Gore
Product Liability Services
Product Liability claims have not, to date, become a significant feature of the UK claims market, but increasing awareness of the provisions of the Consumer Protection Act 1987, coupled with EC initiatives, has led to changes.
The department keeps abreast of all developments and is able to provide advice in a clear concise and commercial manner, taking into account all relevant factors within the English jurisdiction and, where applicable, throughout Europe and further afield. We have experience in claims involving:
- Manufactured products
- Toxic Torts
- Contaminated Land
- Food
Unless otherwise requested, our initial report following receipt of instructions is accompanied by a fully itemised and costed case plan. On request, information can also be provided to an insured enterprise in a format compatible with their particular risk management procedures.
Contact: Mark Rivers
Training Services
A full day insurance conference, held twice a year, forms the cornerstone of our training provision for insurer clients and contacts. Run and presented by members of the team, guest speakers also complement the overall presentation.
The department also regularly provides refresher courses to its insurer clients, more usually conducted at their offices. Our training materials reflect changes in law, procedure and commercial philosophy.
The range of topics is extensive and includes seminars or workshops in the following:
Assessing Liability & Risk
Structured Settlements
Assessing Quantum & Damage
Fatal Accidents
County Court Procedures
Loss of Earnings Calculation
Advanced Litigation Procedures
Occupiers' Liability
Compensation Recovery Unit
Mock Trials
The MIB / RTA 1988
Employers Liability
Negotiating Skills
Motor Crime
Product Liability
Costs in Small Claims
Credit Hire Claims
Predictable Costs
Corporate Manslaughter
We are of course always willing to provide other training based upon specific requests from our insurance clients, thus enabling topics to be tailored for claims and/or underwriting staff. Many of our insurance clients also attend our in-house seminars and lectures.
The firm also presents a major medically-focused conference each year. Previous attractions have focused on whiplash injury, psychological trauma, motorcyclists' injuries and fibromyalgia.
Further details and copy documentation relating to all training services can be provided on request.
Contact: Ian Davies
Pre-litigation Assistance Service
A number of ‘catchphrases’ have developed over recent years, linked primarily to the focus on rehabilitation. ‘Early Intervention’ and ‘Immediate Needs Assessment’ apply with equal force to those cases of importance, complexity or financial weight which will benefit from legal input long before litigation is necessary or contemplated.
Considerable experience has been developed over the years to assist with issues such as:
- Liability assessment and negotiation
- Catastrophic injury needs assessment
- Local authority care provision
- Investigation and reserve setting
Whether by telephone discussion, formal instruction or surgery-based consultation, members of the team are on hand to provide advice and assistance at all stages of the claims process. The firm has been active in helping to develop and author the Code of Best Practice for Rehabilitation and the Practitioners Guide. It continues to help develop cost-effective rehabilitation programmes working with others, especially through BICMA and CMS UK.
Contact: Trevor Still
Delegated Authority
- We conduct your file through to settlement or trial
- Nominated personnel agreed with you
- We have delegated authority for all file decisions including settlement up to agreed ceiling
- Files may be passed to us at any stage
- Reports provided at agreed intervals detailing:
- a) open cases
- b) present position
- c) current reserve, inclusive of all costs
- Immediate notification and report to you if reserve pierces agreed ceiling
- Audit procedures agreed with you. Your files available for inspection at all times
- Scheme can be written to exempt fees from VAT
Contact: Trevor Still
The Insurance Market “Facing The Challenges”
We enjoy being active and, we hope, creative within the insurance market. Partners and senior fee earners are involved in a wide range of activities including:
- Lecturing and Conferences (Trevor Still and Bernie Rowe are regular ‘chairmen’ for Motor Conferences and Seminars)
- Motor Accident Solicitors Society (Bernie Rowe was Chairman for the first two and a half years)
- BICMA and Disability Assessment Unit Working Party
- Involvement in meetings with Department of Transport, the ABI, the House of Commons All Party Insurance Committee and the Woolf Protocol Working Group.
The acquisition and dissemination of information ensures that we remain up to date with legislative and commercial developments within the market. Sources of information include:
- Insurance and legal publications
- Government consultation papers, LCD press notices, Law Commission papers
- Discussion papers and draft directives from the EC
- Chambers links
Different partners and senior fee earners are active members and officers of FOIL, MASS, APIL and ATLA.
Regular frank discussions with insurer clients and contacts has identified needs, and enabled us to introduce solutions such as:-
- Management of in-house defence facilities
- Management of litigation recovery units
- Costs assessment teams
- Predictive fee agreements
- Medical report Protocols
We are always keen to know more about an insurance client’s business so that possible strategic issues can be fully aired and solutions implemented to ensure mutual benefit.
The tactical response comes back to our general philosophy. We fight against the ‘over lawyering’ of insurance litigation and claims settlement. We strive to ensure that our advice and actions are pragmatic, practical and aimed at achieving the best settlement at the least overall cost.
It is invaluable to have clearly defined goals; defining objectives and responsibilities is an essential base from which to develop a deeper knowledge and trust between the individuals handling the work in our respective organisations. We believe that regular personal contact is to be encouraged to provide the day to day working relationship needed for:
- a flexible approach
- realistic assessment
- economic consideration
- pro-active management of litigious claims
First and foremost we are professional legal advisors to our clients