Professionalism: Duty does matter Martyn Gabbitass ACII ACILA

Headlines: Surveyors to cost Insurers dearly. Court case over Broker’s failure to keep Insured fully informed. Safe as houses? Pre-Action Protocol for Construction & Engineering Disputes.

History Lesson: Fitness, Quality, Skill and Care. Supply of Goods & Services Act 1982 Expanding Liability 1990’s Exclusion/Exemption Clauses UCTA 1977.

Hedley Byrne & Co. Ltd v. Heller & Partners Ltd (1964). Henderson v. Merrett Syndicates (1995). White v. Jones (1995). Expanding case law.

Times are a changing? Pre-Action Protocol – architects, engineers & quantity surveyors. Impact on claims handling professionals. Pressure to achieve costs effective case management.

What does it mean for Adjusters? Early assessment of Claimant’s allegations. Focused response. Early meetings. Alternative dispute resolution methods. Litigation last resort. Quantum assessment ongoing. Case strategy recommendation. Part 36: liability; quantum.

Where do we see the pitfalls? Brokers: Ground Gilbey & Anor v. JLT UK (2001). Surveyors: Farley v. Skinner (2002). Engineers: Costain Ltd v. Charles Haswell & Partners Ltd (2009). Negligent Misstatements: McKie v. Swindon College (2011).

Safe as Houses? Robinson v. P E Jones (Contractors) Ltd (2011) Contrast and compare – contractor vis-à-vis professional. Concurrent duty of care - contractor: no. - professionals: yes. Hedley Byrne/Merrett Syndicates. Why differentiate? Reasonable skill and care demanded. Losses including economic anticipated.