Casualty

Our specialist team has been successfully defending civil claims against commercial organisations and their insurers for many years. Dealing with both casualty and liability claims our expert lawyers have extensive technical expertise and experience in every aspect of public liability and employers' liability law.

Our experience covers a wide variety of sectors and  environments, including construction sites, factories, ports, retail and leisure locations, highways, parks and other natural land, vehicles, sporting and equestrian facilities and domestic properties (both tenanted and owner-occupied). We advise on the interpretation of the relevant statutory provisions and frequently deal with liability under principles of common law negligence.

With clients including employers and others with control over property, our expertise includes the interpretation of contractual indemnities and the pursuit of Part 20 claims for contribution or indemnity from others. We also provide a ‘gatekeeper’ claims handling service on international matters.

Whatever the matter, we deliver clear, informed advice at the earliest stage of every claim, enabling you to quickly assess whether it should be brought to trial or settled. At the same time, our commercial approach, strategic expertise and incisive negotiation skills can help to reduce your overall legal spend, while our practical risk management and best practice advice can help you avoid future claims.

Work examples

  • Employers' liability (EL) claim concerning sensitisation to epoxy allegedly while working on site
  • Public liability (PL) claim on behalf of a principal contractor, where an individual was injured by falling machinery during installation
  • PL claim defending letting agents following an alleged injury sustained by a tenant of a managed property
  • PL claim for a client in a construction project, where an individual was injured after falling through a hole in the premises
  • EL claim defending a business sued by an employee injured while handling work equipment
  • PL claim following injury to a worker caused by a horse at a riding stables
  • PL claim for an event organiser following an injury suffered by a rider at a competition
  • EL claim following injury to an employee stevedore working at a port
  • EL claim defending an action by an individual injured while working for a tree surgeon
  • Successfully acted in the EL policy 'trigger litigation' in the supreme court.
Intervening cause or just foreseeable carelessness…?

The claimant’s act of seeking to climb onto a neighbouring balcony when locked out of his hotel room was an intervening cause that broke the chain of…

Peter Wake
Peter Wake Partner
Insights
Civil Liability Bill update - Whiplash Injury Regulations

Last week we saw the release of the Whiplash Injury Regulations, providing further insight into the detail of the Civil Liability Bill.

Kurt Rowe
Kurt Rowe Associate

Insights
Liability takes a holiday

A travel company was not liable for the sexual assault and rape of a holidaymaker by a member of staff at the hotel where she was staying.

Peter Forshaw
Peter Forshaw Partner

Insights
The low road, the high road or the highway to hell?

The inherent risks of a sporting event and competitor conduct remain crucial when establishing liability.

Bruce Ralston
Bruce Ralston Partner

Insights
When One Door Closes

Diane Heeds v The Chief Constable of the Cleveland Police & Tascor Services Limited [2018] EHWC 810 QB

Peter Forshaw
Peter Forshaw Partner

News
Changes at Weightmans as Senior Partner announces retirement

Dan Cutts will leave the firm at the end of April after almost twenty years


Insights
“Lack of candour” lands Pursuer with expenses

The Inner House of the Court of Session has held that, while a pursuer’s claim for personal injuries had been exaggerated, it was not appropriate to…

Seonaid Busby
Seonaid Busby Partner

Insights
Scottish Duty of Candour Regulations to come into force on 1 April 2018

Organisations are also under a statutory duty to ensure that employees receive relevant training on the duty of candour


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