A Summer Update from the Team

As we welcome Summer, we are seeing significant changes in the landscape of liability claims.

Here’s what the Courts have been saying

We have reviewed several recent Court decisions that caught our attention, covering everything from psychiatric injury, the extent of the duty of care imposed upon public authorities, economic loss and the definition of “accidental” on a PL policy. These cases are not just legal talking points, they offer practical guidance for how liability is assessed and where responsibility begins (and ends). Here’s a quick round-up.

Paul v Royal Wolverhampton NHS Trust (2024)

In this landmark decision, the UK Supreme Court clarified the scope of liability for psychological injury claims by secondary victims in clinical negligence cases. The Court held that healthcare providers do not owe a duty of care to family members who suffer psychiatric harm from witnessing a relative’s death due to medical negligence. This ruling narrows the circumstances under which secondary victims can claim damages for psychiatric injury in medical contexts.

Tindall v Chief Constable of Thames Valley Police (2024)

The Supreme Court examined whether the Police owed a duty of care after removing a warning sign about black ice, which was followed by a fatal accident.  The Court concluded that the Police were not liable as their actions did not create or worsen the danger. This case reinforces the principle that public authorities are generally not liable for failing to prevent harm from external risk, unless they actively contribute to the danger.

Armstead v Royal and Sun Alliance Insurance Co Ltd (2024)

This case addresses the recoverability of pure economic loss in negligence. The Supreme Court held that a claimant could recover damages for contractual liabilities to third parties resulting from physical damage caused by a defendant’s negligence. Specifically, the Court allowed recovery for loss of use charges incurred under a hire agreement after a road traffic accident.

Gueterbock v MacPhail (2023)

The High Court considered the definition of “accidental” under a public liability insurance policy. It ruled that a developer’s reckless actions leading to trespass and nuisance were not accidental, and thus the Insurer was not liable under the policy. This decision helps clarify the interpretation of accidental in the context of insurance coverage.

On the ground: see the real picture –  why a field visit can make all the difference 

Site inspections conducted by an experienced Adjuster can be crucial. Observing the specific conditions and location of the incident, to include working practices, can help verify the facts, identify potential contributing factors, and assess the credibility of evidence. This firsthand insight can add considerable value and lead to a more accurate assessment, ensuring the crucial finer details are sourced, which all too frequently may be overlooked by less experienced Adjusters and or efforts to desk-top.

• Prompt On-site Presence – Allows the Adjuster to quickly understand the working environment, practices and procedures.

• Stronger Defence in Liability Claims – Field visits can uncover evidence such as signage, lighting, layout, or barriers and witnesses, to assist liability assessment.

• Firsthand Insight into People and the Circumstances – Meeting the Policyholder, Brokers, and witnesses allows the Adjuster to assess credibility and consistency, more effectively than relying solely on phone calls and paperwork alone.

• Clearer Understanding – Being present at the scene is essential for an accurate appreciation of events leading up to and surrounding the accident.

• Risk Advice for the Future – We offer practical suggestions to minimise the risk of similar incidents, demonstrating a proactive approach that benefits Insurers, Brokers, and Underwriters.

• Stronger Documentation – Field visit reports, feature photos, diagrams, and expert insights, providing an informed basis for decisions and support if claims are contested.

In summary, a site visit ensures that the circumstances can be accurately addressed, and allegations fully considered, to ensure a full and timely analysis of the relevant issues.

Our commitment to excellence remains steadfast and we remain committed to conducting thorough, expert-led face-to-face investigations, to ensure the best possible outcomes for our Clients. We also aim to continue providing solutions tailored to the challenges of every claim, reinforcing our dedication to ensuring the best and most cost effective outcomes and being the Adjuster of choice.

Here is what we focus on.

Road Traffic Accidents

We handle a significant number of RTA claims, encompassing everything from personal injury to third party property damage. With these often high-value claims, our focus is on early investigations to ensure accurate liability and damage assessments, to enable proactive strategies and tactics to be adopted.

Public & Employers Liability Claims

We are seeing a rise in liability claims.  We have a reputation for carrying out thorough investigations and an accurate and early balanced approach to liability, quantum and policy coverage issues. We source the important finer detail, necessary to achieve favourable settlements.

Product Claims

The complexity of product liability claims is increasing as consumer protection standards tighten. We ensure early and detailed investigations, to enable our Clients to fully evaluate the liability, damages and cost implications, particularly given that such claims fall outwith the fixed costs regime of the Portal

Staff Spotlight

Our Managing Director in the North, Dominic Oddy, recently completed the London Marathon in an impressive time of 2:37:49 hrs. As a dedicated marathon runner, he regularly participates in events across the UK. This year, he ran in support of the Prostate Cancer Charity, making his achievement even more commendable. Well done, Dom!

Looking Ahead

As the landscape of liability claims change, we are dedicated to offering expert-led adjusting and claims management services, tailored to provide our Clients with a market-leading experience. We continuously monitor emerging trends and adapt our strategies to stay ahead of new challenges and outperform our competitors.

We are proud to deliver a personalised and professional service, ensuring our clients receive expert support in navigating the complexities of their liability claims. Whether it’s road traffic accidents (RTA), employer liability (EL), public liability (PL), third-party property damage (TPPD), product liability and or environmental claims, we are fully equipped to assist with the knowledge, experience, care and professionalism you require.

Thank you for reading, and we look forward to connecting again in our next 2025 update!

If you would like to hear more about our services, please don’t hesitate to call.