Our caseload ranges from trips in the office to
explosions offshore.
Employer's liability work forms a major part of our liability
practice. Our services in this sector are therefore expert and
comprehensive, ranging from consultancy and training, through
handling pre-litigation claims to representing our clients in high
value complex actions in the Court of Session.
What we do
Services to Employers
- We provide training in risk management, claims reporting and
investigation to both our direct clients and employers insured with
our insurance clients. These risk reduction services decrease the
likelihood of claims and litigation, whilst building beneficial
relationships.
- An accident at work can result in unfamiliar and intrusive
communications with the HSE or other regulators, which can be
complex and time-consuming for employers. We provide skilled
assistance with these discussions in addition to on-site
investigation services. Where a prosecution ensues, our experienced
legal team provide superlative representation.
Services to Insurers
- We seek to settle claims pre-litigation wherever possible, by
fast investigation and skilled negotiation. We use innovative
technology and information systems to assist us handle these claims
efficiently and effectively.
- Should litigation occur, our people offer expert and cost
effective representation. With the largest defender practice in
Scotland, our experience and knowledge of employer's liability
litigation is second to none.
- Our inhouse Advocacy Unit offers invaluable assistance in
complex cases. Their service includes strategic management of the
action, drafting pleadings, pre-trial meetings and consultations
and ultimately expert representation at trial in the Court of
Session and in the High Court.
Demonstration of success
Only a tiny percentage of employer's liability cases reach
trial. Insurers have to take a commercial and pragmatic view of
litigation risk. Any case that depends on the evidence always
carries a risk, no matter how good the potential defence. Sometimes
however, insurers are prepared to take that risk and we are always
prepared to fight cases with the backing of our clients.
Rankin v Lochhill Equestrian 2010. Mr Rankin
was injured by a tractor he chased down a hill which subsequently
ran him over. He argued that he had applied the parking brake but
the tractor was poorly maintained and the trailer overloaded. Our
successful defence at the Court of Session used witness evidence to
contradict this account and the Court was persuaded that the
parking brake had not in fact been applied. This being so, the case
failed.