PROTECTING RIGHTS OF RECOVERY Subtitled : “how to get one over the liability adjuster”

THE APPROACH What has really happened? Who are the parties ? When did it occur? Where is the alleged injury/loss/damage? Why might there be a liability/recovery? BE OPEN MINDED – NO PRECONCEPTIONS

THE INVESTIGATION Defective Product Defective Workmanship Defective Advice Negligent Actions Negligent Omissions Pure Accident CIRCUMSTANCES WILL DICTATE RECOVERY ROUTE

EVIDENCE GATHERING (Get it while you can!) Physical Evidence - Defective component/product, locus Recorded Evidence – Photographs, video, pre & post loss Documentary Evidence – contracts, accounts, s, IT Witness Evidence – statements, negative statements Expert Evidence – own and others Circumstantial Evidence – hearsay, connected causes PRESERVE WHILE ALLOWING MITIGATION

EXPERT EVIDENCE Causation uncertain Complex issues Litigation anticipated What type of expert required? Who is the best individual/firm? Immediate appointment before scene disturbed/evidence removed

QUANTUM General Damages – injury related Special Damages – direct and economic loss Ensure proof of losses retained Detail payment strategy/calculation Mitigation aspects Avoid “deals” which cannot be financially reconciled

RECOVERY CONSIDERATIONS Cause of action against third party? More than one? Contractual, negligence, strict liability or statutory route? Early notification to all potential third parties Proactive vs. Privilege approach Chase, chase and chase again

RECOVERY CONSIDERATIONS UK jurisdiction or which Forum? Limitation period? Arbitration possible? Is third party insured or ‘good for the money’?

CONCLUSION Early action Identify possible recovery causes/routes Preserve/collate evidence Early notification of potential recovery Consider expert evidence Ensure quantum properly logged Support mitigation Chase, Chase, Chase!