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.
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Insights
YH v Kirklees Council, Occupiers' Liability Act 1957

The defendant local authority was not liable for injuries suffered by a primary school pupil who fell when using play equipment in the school...

Peter Wake
Peter Wake Partner

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The rising cost of personal injury damages

Catastrophic injury leads to £37 million damages against the NHS, the highest award in a clinical negligence case

Dave Cottam
Dave Cottam Partner

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The party's far from over

An employer has been found vicariously liable for the wrongful acts of its Managing Director at the end of a work Christmas party.

Peter Forshaw
Peter Forshaw Partner

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Acquittals can be disclosed on enhanced criminal records certificates

It was not a breach of the Article 8 right to privacy for a chief constable to include details of an individual’s acquittal on a charge of rape on an…

John Riddell
John Riddell Consultant

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Defeating subtle brain injury claims through a meticulous approach expert to medical evidence

Subtle traumatic brain injury claims are a thorn in the side of defendant insurers as they rely heavily on a subjective account of the alleged…

Michael Rogers
Michael Rogers Associate

Insights
Late acceptance of a Part 36 Offer does not automatically give rise to indemnity costs

Claimants have long argued that where a defendant accepts a claimant’s Part 36 offer outside the 21 day period, indemnity costs should flow.

Peter Forshaw
Peter Forshaw Partner

Insights
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

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