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- Author – ‘Caplan, Andrew’
Publications and articles
25 record(s) found
17 June 2013
Welcome to the June edition of Liability Brief. First impressions of the Jackson reforms indicate that courts are taking a tough stance towards non-compliance with the new rules. How the judiciary interprets the rules will be vital to the success of the reforms and only time will tell whether judges continue to apply a firm hand (and one which is hopefully consistent with each other).
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22 May 2013
Welcome to the May edition of Liability Brief. I was delighted to take the opportunity last week to address the All-Party Political Group in Insurance and Financial Services in Parliament, about the cost of Litigation to UK PLC. Sharing the platform with a number of our clients, we were able to impress upon ministers that the cost of dealing with unmeritorious claims continues to do serious harm to UK corporates. We highlighted that there is often too much focus put on whiplash when considering the cost of personal injury claims. There are broader issues which need to be recognised and addressed, including those which stem from the introduction of alternative business structures and ongoing commoditisation of litigation.
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1 May 2013
Court of Appeal confirms school was not liable following the death of a pupil during an adventure training exercise.
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26 March 2013
The challenges for risk managers and insurance officers from the transfer of local authority housing to housing associations need to be understood. Partner, Andrew Caplan, gives an overview.
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12 March 2013
Welcome to the March edition of Liability Brief. As with all things relating to the Jackson reforms and changes to civil justice the last few weeks have seen a number of developments and announcements from the Ministry of Justice (MoJ).
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7 March 2013
Defendant liable for fall causing serious injury; instructor should have demonstrated technique to be used on fireman's pole forming part of cross country assault course.
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17 September 2012
Welcome to the September edition of Liability Brief. The Association of British Insurers (ABI) has confirmed that it is to challenge the ruling of the Court of Appeal in Simmons v Castle. The Court took the opportunity in July to confirm a 10 per cent increase in general damages will apply in most civil cases where judgment is given after 1 April 2013 - whether or not a conditional fee agreement is in place and irrespective of when the agreement was signed. Despite the Court’s reassurance that its decision would provide "simplicity and clarity", it is apparent that the effect of the decision is by no means clear and raises further issues.
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14 September 2012
It is estimated that the value of recoveries by property insurers resulting in tree root subsidence cases is well in excess of £100 million with the majority of the monies recovered from local authorities, who are either self insured for the majority of the claims or entirely. In light of the Comprehensive Spending Review 2012 (carried out by HM Treasury), cash strapped local authorities would be very keen to reduce the size of recoveries by property insurers. Indeed, in most cases, local authorities have abandoned their policy of preserving street trees in favour of removal and replanting upon being presented with a potential claim for damage by third party property insurers.
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10 August 2012
The relationship between a Roman Catholic parish priest and a bishop was sufficiently close in character to that of employee and employer to make it just and fair to hold a diocese vicariously liable for the wrongful acts of one of its priests.
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10 August 2012
Welcome to the August edition of the Liability Brief. The Ministry of Justice has published a consultation into the methodology used by the Lord Chancellor in setting the discount rate for personal injury damages. A second consultation is to be published in the autumn to review the present legal basis for setting the discount rate. We consider the consultation paper and the issues behind it.
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