Welcome to the Spring edition of the Public Authority Liability Update.
We have had a busy start to the year. Our recent joint Public Authority Liability Seminar with Crown Office Chambers was a great success and provided an excellent opportunity to discuss the latest hot topics and their relevance to public authorities. If you were unable to attend the seminar but would like any information on the latest issues, please do let us know.
In this issue we have included a selection of the latest case law and market developments and have explored their likely impact. For example, there has been a new extension to loss of dependency claims which has potentially far reaching implications. It is good news for occupiers, who will have no liability for employees of reputable contractors in most cases. Occupiers still need to beware to ensure that cowboy contractors are not used however.
The Police are also able to breathe a sigh of relief as a recent judgment reinforced that they will not be held accountable for harm caused in the completion of their duties. It is hoped this will reduce the number of spurious claims of this nature.
In terms of costs, there has been a welcome decision for Defendants which limits the costs Claimants are able to claim for attending inquests, which has finally brought this area of law within the new proportionate costs regime. We have now "celebrated" the two year anniversary of the Jackson reforms. There has been much judicial jostling with many of the new concepts and things have only just started to settle down. Concerns that justice was being sacrificed on the altar of rule compliance seem to be waning, enabling interparty relations to be placed on a much more stable footing for now.... we shall see how long this lasts!
We have also considered some of your cases to see what lessons they can teach us – see if you can spot your own case!
We are always delighted to receive any feedback about the contents of this newsletter or on any other issue. We would also be grateful to receive any suggestions from you as to what subjects you would like guidance on by way of talks, workshops or articles.
Public Authority Liability Update - May 2015The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.