Marine related personal injury claims
Jurisdiction
Jurisdiction should always be considered in a claim with an international involvement. Whenever appropriate, jurisdictional points should be taken.
Remember that sometimes, it works in the defendant’s favour not to argue jurisdiction.
Limitation in passenger claims
It is surprising how many people misunderstand the Athens Convention and the two year limitation it imposes on passenger claims. Limitation is generally an absolute bar; time limits should be checked carefully and monitored throughout passenger claims.
Commercial realities
Conditional Fee Agreements and success fees of up to 100% (for as long as those are allowed) mean that claimant costs in low value claims build disproportionately.
Commercial reality may dictate early settlement notwithstanding moral issues. This has to be balanced carefully against “opening the floodgates”. Where appropriate consider making an early offer without any admission of liability.
Not just cash
Consider what a claimant actually wants by way of settlement – surprisingly, it’s not always about money. Sometimes a claimant wants to save face, or retain a benefit. Sometimes a claimant just wants an apology.
Documentation
KEEP EVERYTHING!!! The destruction of documents or CCTV footage (however innocent) is looked upon with suspicion by the courts and pounced upon by the claimant’s solicitors.
Witnesses
Early proofs from witnesses can be very helpful and are likely to be privileged provided a compensation claim has been intimated. Remember that there is no property in a witness i.e. s/he can be contacted by both sides.
When identifying an appropriate witness consider the witness’ likely performance in the witness box should the matter proceed to trial.
Flashpoints in employee personal injury claims
Generally, employees are reluctant to bring claims against their employers. However, even the most loyal employee reconsiders their position at certain times i.e.
a) Redundancy
b) Disciplinary action
c) Retirement
d) Under TUPE arrangements
Finally
We live in a world where people are actively encouraged to bring claims and there is a tendency to believe that nobody has an accident – it is always somebody else’s fault. As defendants it is important to pick the correct cases to fight, present the defence’s evidence clearly and steer a steady course. Often money spent at the beginning of a claim presenting the defendant’s case clearly and with evidence in support leads to money being saved at the end.