Claims Handling Kennedys’ Local Authority Unit Richard West - Partner Andrew Caplan - Partner

Claims Handling Richard West Personal Injury Pre action Protocol Housing Disrepair Pre action Protocol Andrew Caplan Pre action disclosure Statements

Personal Injury Pre action Protocol (PIPAP) Well known and well used Recent case law impacts significantly Admissions – Mallia v LB Islington, Walsh v Liverpool City Council Costs – Abrew v Tesco Stores Pre action disclosure

Pre action Protocols – General Costs sanctions for a Claimant’s breach – Daejan Investments Ltd v Park West Club Ltd Unreasonable behaviour cuts both ways - K (A Child) v Malpas

Housing Disrepair Pre Action Protocol (HDPIP) Time far more limited Saddled with a single joint expert? A protocol of last resort! Use of a local authority’s complaints process

Protocols and Claims Handling Whichever protocol applies, default by a Defendant will not be well regarded by the court Time limits – sacrosanct for a Defendant Some successful sanctions now against Claimants

PIPAPP Protocols and Claims Experience HDPIP General Defendants given little latitude Claimants given more – but not carte blanche

In brief…. Admissions Resiling from Admissions Breach of protocol? Unreasonable behaviour? Whenever appropriate Do so promptlyCosts sanctions Don’t prejudice Part 20 claim Give detailed reasons Strike out?Increased costs on both sides Breach, Causation and Contrib’ ? Tackle prejudiceRestrictions on experts Effect on Claims experience?

Claims Handling What is effective claims Handling? How can pre litigation claims handling impact on the litigation process?

Documents How wide should the search go? The Pre Action Protocol (Highways) states: Records of inspections for the relevant stretch of Highway Maintenance records including any contractors working in the relevant area Records of complaints about the state of the Highways Other accident on the relevant stretch of Highway

Owen –v- City Of Westminster Highways tripping claim Disclosure limited to the immediate accident vicinity “Disclosure may now be limited to a selection of documents confined to those that a particular party may consider appropriate for disclosure”

Disclosure Records of complaints about the Highways Conclusion The role of the disclosure officer

Pre Action Disclosure Applications CPR Disclosure is desirable in order to Dispose fairly of the proceedings Assist the parties to resolve claims within proceedings Save costs

Pre Action Disclosure Chritchard –v- devon CC (unreported ) CPR Specify documents to be disclosed Specify which are no longer in possession (and why) Specify why they are entitled to withhold them

Disclosure tactics Focussed disclosure Keep copies of pre action disclosure Appoint an officer Avoid pre action application

Statements The generic statement Specific statement

Claims Handling Richard West and Andrew Caplan. Kennedys’ Local Authority Unit