We have teams of lawyers in each of our UK offices acting for a wide range of organisations facing public liability claims. Some are particularly vulnerable to such claims, for example retail businesses, utility companies, local authorities, healthcare bodies and voluntary associations. We have a huge level of expertise in these areas, reflected both by our client-base and the many years we have worked with such organisations to develop efficient and effective claims handling strategies.
Given the breadth of exposure, this is an area that can give rise to a disproportionate number of fraudulent claims - defendants such as local authorities and large retailers sometimes being seen as easy targets with deep pockets. We work with our clients to evaluate the merits of claims quickly, identifying the unmeritorious, and down-right fraudulent, quickly and effectively.
We handle the full range of public liability work, from low value/high-volume to the complex/highly specialised, proactively and efficiently. Our expertise extends to occupier issues, including ‘slips and trips’ and injuries to visitors to premises. We also actively advise on issues relating to the arrangement between the agency worker and the end user, including review of a contract for services, and can call upon the expertise of specialist units including motor, catastrophic injury, disease, fraud, costs, coverage and regulatory (health and safety).
Our expertise in public liability also allows us to provide expert advice in employers’ liability claims. Whilst complimentary, it is our knowledge of the key differences in these types of claims that makes us the leader in these fields and ensures that our advice reflects our client’s needs.
Our areas of advice include:
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Abuse
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Catastrophic injury
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Costs and Compensation Recovery Unit (CRU) appeals
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Disease
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Fraud and fraud investigation
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Health and safety
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Inquests and inquiries
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Litigation
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Musculo-skeletal injury
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Motor prosecution work
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Multi-jurisdictional claims
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Occupiers Liability Act claims
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Recovery
Brand image is extremely important to many of our clients. Being seen to deal with claims by members of the public fairly can be as important as defending them effectively, or settling appropriate cases quickly and cheaply. We understand the importance of maintaining a positive image and relationship with the public, without being seen as a ‘soft touch’ by claimants.
Work highlights
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Advising a leading sports television production company following an accident where a well-known driver of historic racing cars suffered serious injuries in the Goodwood Trophy race. The claim was dismissed by the High Court and Court of Appeal - Green v (1) Sunset & Vine Productions (2) British Automobile Racing Club (3) Goodwood Road Racing Company [2010].
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Successful strike out by Kennedys of a claim arising out of a fatal motorbike accident. Acceptance by the Court of Appeal that the duty to maintain pursuant to s.41 Highways Act 1980 cannot be extended to include items on the surface of the carriageway - Valentine v Transport for London & London Borough of Hounslow [2010].
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Advising in a case where the Court of Appeal upheld a decision in favour of the Claimant who sustained injuries arising out of game at scout meeting. Impact of social value of activity considered - Barnes v Scout Association [2010].
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Successful appeal in a highway claim against a council brought by a cyclist who alleged he became unseated due to poorly maintained surface on a shared footpath/cycleway – Miller v Herts County Council [2011].
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Currently advising in a highway claim potentially worth in excess of £14m which would be a record payout in UK personal injury history. The claim involves complex arguments on liability involving other defendants and very complex arguments on quantum.