This claims club is devoted entirely to issues that touch upon the handling of abuse claims – our specialist team will update you on the initiative being run by Master McCloud to introduce a protocol specifically for claims of historical abuse. We will discuss ways in which to secure a recovery direct from the abuser, and also a new limitation initiative to assist you in defending some very old claims.
Ultimate Software Interactive HR Workshop: Responding to Allegations of Haras...Rudner Law
Once known as a rock star, Jian Ghomeshi and his former employer, the Canadian Broadcasting Corporation (CBC), are now the prime examples of workplace sexual harassment gone unchecked. Since the scandal broke, the CBC has been in damage-control mode. No employer wants to be in this position. In light of the tremendous legislative changes that this case has brought forth, and the dramatically expanded obligations of employers, it is critical that employers understand how to properly respond to allegations of harassment in the workplace.
Furthermore, Bill 132, which comes into force in September 2016, imposes positive requirements on employers that will mandate updates to harassment policies and investigation programs. Failure to comply can lead to penalties.
This document provides an overview of the key concepts and elements of crime that students need to understand for the HSC Core Crime syllabus. It defines crime and outlines the main areas of criminal law, including investigation, prosecution and sentencing. The document discusses the elements of most crimes - actus reus and mens rea. It also covers strict liability offenses, categories of crimes like homicide, assault and treason, and types of offenses such as drug, driving and public order offenses. Examples are provided throughout to illustrate the concepts.
The document discusses young offenders in the criminal justice system. It outlines several key points:
1. It identifies common reasons why young people engage in criminal behavior such as poor parental supervision, drug/alcohol abuse, and negative peer influences.
2. Young people are treated differently than adults in order to protect their welfare and prevent exploitation, as well as protect others from unfair treatment due to their minor status.
3. The minimum age of criminal responsibility in NSW is 10 years old based on the presumption of doli incapax, though there are debates around possibly lowering this age. Alternative diversionary programs and a focus on rehabilitation over punishment are emphasized for young offenders.
The rules of causation in criminal law provide practical solutions to determining criminal liability and are based on moral principles. Causation has three elements - factual causation using the 'but for' test, legal causation assessing moral responsibility, and an unbroken chain of causation. While generally fair, some argue the rules surrounding medical negligence and victim actions stretch liability too far in some cases.
The Supreme Court case Roper v. Simmons established that it is unconstitutional to sentence juveniles under the age of 18 to the death penalty. The American Psychological Association submitted an amicus brief highlighting neurological and psychological research showing that juveniles lack maturity and have an underdeveloped sense of responsibility, making the deterrent and retributive purposes of capital punishment ineffective for those under 18. The Court agreed, citing that juveniles are more susceptible to outside pressures and have greater potential for reform, overriding the dissenting opinion that not all juveniles lack sufficient reasoning capacity. This ruling set a national standard prohibiting the death penalty for crimes committed in adolescence.
Wrongful convictions are a serious problem, with an estimated 200,000 innocent people imprisoned in the US at any given time. The two main causes of wrongful conviction are eyewitness misidentification and false confessions. Eyewitnesses often get significant details wrong in their identification of a perpetrator, and police identification techniques can skew the process. False confessions are also a major issue, sometimes resulting from psychological interrogation methods or even physical torture. Solutions proposed include videotaping interrogations and eyewitness identifications to avoid improper influences, as well as better training police to understand the risks of wrongful conviction.
This document discusses strict liability offenses and causation in criminal law. It explains that strict liability offenses do not require proof of mens rea, only actus reus, lowering the prosecution's burden of proof. Strict liability typically applies only to minor offenses to reduce legal system demands. Examples given are speeding and selling to minors. The document also discusses causation, requiring a link between the accused's actions and the criminal result. It analyzes the R v Blaue case, where the accused's appeal failed because refusing medical treatment did not absolve him of responsibility for inflicting wounds that were still operating causes of death.
Examines the myths surrounding the conviction of innocent people for crimes they did not commit, and suggests ways to protect yourself and your family from becoming victims of a broken justice system.
Ultimate Software Interactive HR Workshop: Responding to Allegations of Haras...Rudner Law
Once known as a rock star, Jian Ghomeshi and his former employer, the Canadian Broadcasting Corporation (CBC), are now the prime examples of workplace sexual harassment gone unchecked. Since the scandal broke, the CBC has been in damage-control mode. No employer wants to be in this position. In light of the tremendous legislative changes that this case has brought forth, and the dramatically expanded obligations of employers, it is critical that employers understand how to properly respond to allegations of harassment in the workplace.
Furthermore, Bill 132, which comes into force in September 2016, imposes positive requirements on employers that will mandate updates to harassment policies and investigation programs. Failure to comply can lead to penalties.
This document provides an overview of the key concepts and elements of crime that students need to understand for the HSC Core Crime syllabus. It defines crime and outlines the main areas of criminal law, including investigation, prosecution and sentencing. The document discusses the elements of most crimes - actus reus and mens rea. It also covers strict liability offenses, categories of crimes like homicide, assault and treason, and types of offenses such as drug, driving and public order offenses. Examples are provided throughout to illustrate the concepts.
The document discusses young offenders in the criminal justice system. It outlines several key points:
1. It identifies common reasons why young people engage in criminal behavior such as poor parental supervision, drug/alcohol abuse, and negative peer influences.
2. Young people are treated differently than adults in order to protect their welfare and prevent exploitation, as well as protect others from unfair treatment due to their minor status.
3. The minimum age of criminal responsibility in NSW is 10 years old based on the presumption of doli incapax, though there are debates around possibly lowering this age. Alternative diversionary programs and a focus on rehabilitation over punishment are emphasized for young offenders.
The rules of causation in criminal law provide practical solutions to determining criminal liability and are based on moral principles. Causation has three elements - factual causation using the 'but for' test, legal causation assessing moral responsibility, and an unbroken chain of causation. While generally fair, some argue the rules surrounding medical negligence and victim actions stretch liability too far in some cases.
The Supreme Court case Roper v. Simmons established that it is unconstitutional to sentence juveniles under the age of 18 to the death penalty. The American Psychological Association submitted an amicus brief highlighting neurological and psychological research showing that juveniles lack maturity and have an underdeveloped sense of responsibility, making the deterrent and retributive purposes of capital punishment ineffective for those under 18. The Court agreed, citing that juveniles are more susceptible to outside pressures and have greater potential for reform, overriding the dissenting opinion that not all juveniles lack sufficient reasoning capacity. This ruling set a national standard prohibiting the death penalty for crimes committed in adolescence.
Wrongful convictions are a serious problem, with an estimated 200,000 innocent people imprisoned in the US at any given time. The two main causes of wrongful conviction are eyewitness misidentification and false confessions. Eyewitnesses often get significant details wrong in their identification of a perpetrator, and police identification techniques can skew the process. False confessions are also a major issue, sometimes resulting from psychological interrogation methods or even physical torture. Solutions proposed include videotaping interrogations and eyewitness identifications to avoid improper influences, as well as better training police to understand the risks of wrongful conviction.
This document discusses strict liability offenses and causation in criminal law. It explains that strict liability offenses do not require proof of mens rea, only actus reus, lowering the prosecution's burden of proof. Strict liability typically applies only to minor offenses to reduce legal system demands. Examples given are speeding and selling to minors. The document also discusses causation, requiring a link between the accused's actions and the criminal result. It analyzes the R v Blaue case, where the accused's appeal failed because refusing medical treatment did not absolve him of responsibility for inflicting wounds that were still operating causes of death.
Examines the myths surrounding the conviction of innocent people for crimes they did not commit, and suggests ways to protect yourself and your family from becoming victims of a broken justice system.
This claims club is devoted entirely to issues that touch upon the handling of abuse claims – our specialist team will update you on the initiative being run by Master McCloud to introduce a protocol specifically for claims of historical abuse. We will discuss ways in which to secure a recovery direct from the abuser, and also a new limitation initiative to assist you in defending some very old claims.
This claims club is devoted entirely to issues that touch upon the handling of abuse claims – our specialist team will update you on the initiative being run by Master McCloud to introduce a protocol specifically for claims of historical abuse. We will discuss ways in which to secure a recovery direct from the abuser, and also a new limitation initiative to assist you in defending some very old claims.
This claims club is devoted entirely to issues that touch upon the handling of abuse claims – our specialist team will update you on the initiative being run by Master McCloud to introduce a protocol specifically for claims of historical abuse. We will discuss ways in which to secure a recovery direct from the abuser, and also a new limitation initiative to assist you in defending some very old claims.
This claims club is devoted entirely to issues that touch upon the handling of abuse claims – our specialist team will update you on the initiative being run by Master McCloud to introduce a protocol specifically for claims of historical abuse. We will discuss ways in which to secure a recovery direct from the abuser, and also a new limitation initiative to assist you in defending some very old claims.
This document discusses ethical issues that arise for legal professionals in criminal cases. It covers the duties of defense attorneys, including providing counsel to unpopular or guilty clients. It also discusses prosecutors' discretion in charging decisions and conflicts of interest. The document outlines attorneys' responsibilities to clients and duties of confidentiality and candor toward the court. It discusses forensic science issues and examples of experts who provided unreliable testimony. Finally, it addresses judicial discretion in interpreting laws and sentencing.
This document discusses various ethical issues that arise for legal professionals. It covers the duties of defense attorneys, even when representing clients they know are guilty. It also discusses prosecutors' discretion around charging decisions and conflicts of interest. The document outlines attorneys' responsibilities to clients and duties of confidentiality and addressing perjury. It then covers issues around expert witnesses, forensic evidence, and problematic cases like those involving Joyce Gilchrist. Finally, it discusses judicial discretion around interpreting laws and sentencing.
At our recent claims club, we covered the following topics:
• potential implications for highway claims from the revised UKRLG Codes of Practice - Steven Conway has been involved with the Department of Transport/UKRLG review of the highway code of practice since 2011 as a contributing member and provides an update as to the progress of the review together with a look at the potential implications for highway claims from the revised code
• social care issues provide some of the greatest challenges to insurance and risk managers. Our panel of experts discussed; non-delegable duties and vicarious liability for foster parents (in the light of the Court of Appeal's consideration of our case of NA v Nottinghamshire); child sexual exploitation claims; the Goddard Inquiry; human rights claims in the family courts; and historical abuse claims - what you need to know
• rounded off with a quiz on the legal highlights of the last 12 months.
https://www.brownejacobson.com/insurance
The document provides an overview of the criminal trial process in New South Wales, Australia. It discusses the different courts' jurisdictions and the types of cases they hear. For example, it states that the Local Court hears summary offenses and conducts committal hearings, while the Supreme Court hears the most serious crimes. It also outlines key aspects of the criminal trial process like pleas and charge negotiation, the use of evidence, and the roles of legal personnel and juries. Overall, the document serves as a reference guide to the New South Wales criminal justice system.
Litigation and inquest forum, Nottingham - September 2016Browne Jacobson LLP
The Hillsborough disaster of 1989 resulted in 96 deaths. After decades of legal battles, new inquests concluded in 2016 that the victims were unlawfully killed due to failures of the police. There are calls for reforms to ensure public authorities are transparent and families are equally represented in future inquests. New agencies like HSIB aim to improve safety investigations and learning lessons to prevent future tragedies.
Sexual Misconduct in Professional Liability Cases: Key Strategies in Defendin...Samantha Ip
This document discusses strategies for defending and litigating claims of sexual misconduct against professionals such as attorneys and physicians. It provides an overview of relevant rules of conduct and penalties. For attorneys, rules generally prohibit sexual relationships with clients, and misconduct can result in disciplinary actions that impact an attorney's license as well as civil lawsuits. Physicians also have ethical duties to avoid boundary violations with patients. The document examines coverage concerns under professional liability policies, noting insurers may deny coverage for intentional sexual misconduct. It provides examples of cases where professionals engaged in sexual relationships or harassment.
Litigation and inquest forum, Birmingham - September 2016Browne Jacobson LLP
At our September forum we cover:
• Hillsborough: lessons to be learnt - by Andrew Hopkin, Partner at Browne Jacobson - the involvement of Browne Jacobson in Hillsborough and lessons that trusts and providers can take from this seminal case
• Learning lessons: identifying and communicating learning from complaints, claims and inquests - by Mark Barnett, Partner at Browne Jacobson - an interactive session giving tips and advice as to how trusts can ensure that learning is effectively disseminated to front line staff
• Inquests: the beginning or the end? The impact of inquests upon disciplinary, regulatory and criminal proceedings - by Kate Brunner QC. This session includes:
o the value of SUI's and their impact upon regulatory and employment issues
o when to whistle blow - should CQC and NCAS be involved?
o timing of internal investigations and the quality of the investigators
o referrals to the Coroner and whether to pause until after the inquest.
https://www.brownejacobson.com/health/services/inquests-and-investigations
The key to good family law decision making and outcomes - Information sharing...FRSA Communications
The document discusses improving coordination between the family law, child protection, and community sectors when dealing with complex family cases involving issues like family violence, substance abuse, and mental health. It analyzes these sectors through the lens of a case study about a family ("Family X") experiencing these issues.
The sectors make different assumptions and have different focuses - the community sector provides support services, child protection investigates risk of harm, and the family court makes decisions based on evidence. This can lead to a lack of information sharing and understanding between the sectors. The document proposes improvements like better safety assessments, case management protocols, cross-sector training, and clearer guidelines for expert reports to help the systems work together more effectively for children and families
This document provides information about expungement in Pennsylvania, including what expungement is, eligibility requirements, and how to file for expungement. Expungement is a legal process that removes some criminal offenses from a criminal record so they do not appear on background checks, while still being available to courts and law enforcement. There are various circumstances where expungement is available, including successful completion of an ARD program, summary offenses, court cases, juvenile records, non-convictions, and charges dismissed under the Controlled Substance Act. The process involves obtaining records, filling out the proper forms, paying filing fees, and submitting paperwork to the prothonotary and district attorney's office in the county where the
This document outlines the key learning objectives and content covered in Chapter 6 on Introduction to Law. It discusses the meaning and objectives of tort law, defines negligence and distinguishes it from malpractice. It explains the elements necessary to prove negligence, as well as intentional torts like assault, battery, and defamation. The document also covers criminal law, contracts, and the trial process.
U402 a court processes and procedures (working progress)Crystal Delosa
The document discusses key aspects of criminal and civil court processes and procedures. It outlines three elements of an effective legal system: entitlement to a fair hearing, effective access, and timely dispute resolution. For criminal cases, it describes important pre-trial procedures like bail, remand, and committal hearings; and explains their purposes. It also provides an overview of the general purposes of criminal sanctions and three types of sanctions - punishment, denunciation, and protection. For civil cases, it mentions pre-trial procedures like pleadings and discovery.
Contracts & Intentional Torts
Healthcare Law: Class 4
• Elements
• Defenses
Terms/Definition
• Liability: legal responsibility for one’s acts or omissions
• Cause of action: the basis of a law suit. Sufficient legal grounds
and alleged fact that, if proven, would constitute all the
requirements for the plaintiff to prevail
• Legal duty: he responsibility to others to act according to the
law; may be imposed by constitution, legislation, common law, or
contract
• Affidavit: written statement confirmed by oath or affirmation,
for use as evidence, but NOT in place of in-court testimony
• Statute of Limitations: Any law that bars claims after a certain
period of time passes after an injury. The period of time varies
depending on the jurisdiction and the type of claim.
1. Offer
2. Acceptance
3. Consideration* must be given
4. Legality
Elements of a Contract
*act of each party exchanging something of value to their detriment
1. Offer
2. Acceptance
3. Consideration* must be given
• Something of value must be given & received
• $$, work, doing or NOT doing something
4. Legality
• Purpose of the contract must be legal
• Parties must be competent
• Certain contracts must be in writing (property, contracts that cannot
be performed in less than a year, contracts that guarantee the debt
of another person
Elements of a Contract
“Meeting of the Minds”
*act of each party exchanging something of value to their detriment
Express vs. Implied Contract
• Express = written and/or spoken
• Implied = based on facts & circumstances
i.e. ordering food at a restaurant
patient makes appointment with MD
Physician-Patient Relationship: Circumstances
• Does a physician need to come into direct contact with the
patient?
• A physician is hired by ABC corporation to examine a patient
for a pre-employment physical. To whom does the physician
have a legal duty?
Workers’ Compensation
• General rule: Workers’ Comp is an employee’s exclusive
legal remedy for a workplace injury or illness
• Employees cannot make negligence or other legal claims
against their employers
• DUAL CAPACITY DOCTRINE EXCEPTION: when an employer operates
as both an employer AND a health care provider, in some states,
such as OH and CA
Physician-Patient Relationship: Scope of Duty
Physician:
• agrees to diagnose and treat patient consistent with the standard of
acceptable medical practice until the “natural termination” of the
relationship
• agrees not to abandon the patient
• does not agree to CURE the patient
• May be relieved of liability if the patient does not follow orders
• Express promises can be viewed as a warranty
• Has a duty to report diseases determined to be “reportable” by the state
and/or federal government (i.e. STDs, HIV, seizure disorder, risk of
harm/death, threatened by patient)
Patient:
• agrees to pay, or have insurance pay, for services
• does not have to agree (legally) to follow the orders of the ...
This document provides an overview of contracts, intentional torts, and healthcare law. It defines key concepts like liability, cause of action, and legal duty. It outlines the elements of a contract including offer, acceptance, consideration, and legality. It also discusses various intentional torts that can occur in a healthcare setting such as assault, battery, defamation, false imprisonment, invasion of privacy, breach of confidentiality, and misrepresentation. Defenses, elements, and examples are provided for each tort.
For our July claims clubs we look at the changing public sector claims profile and insurance market, and give you the information you need to keep on top of the changes.
This document provides an outline and overview of fraud in the workplace. It discusses why organizations should be concerned about fraud, the current climate around fraud including high profile cases, and the differences between criminal and civil fraud. It introduces the fraud triangle and fraudster's profile. It also covers best practices for workplace investigations including preparing for and conducting interviews. The overall message is that the most effective fraud deterrence comes from education and awareness about fraud risks and prevention.
Civil lawsuits follow a standard process beginning with a complaint filed by the plaintiff. The defendant is then served and must file a response. Both parties engage in discovery to share information. Most cases are settled through negotiation before going to trial. Small claims and divorces, which make up most civil cases, usually result in routine out-of-court settlements. Larger tort cases involve extensive pretrial process but ultimately also result in negotiated settlements in the vast majority of cases.
Employment law update - Browne Jacobson Exeter - 06 February 2020Browne Jacobson LLP
These seminars are aimed at anyone who deals with employment law on a day to day basis, including HR Managers and HR Directors.
At these events we will present an overview of what we consider to be the most significant developments in 2019, and what they teach us about managing your workforce – together with our practical tips.
You will also hear about what is coming up in 2020, and how you can get ready for what will be another busy year in employment law.
This document discusses school exclusions and provides guidance on the topic. It begins with an overview of the exclusions landscape and key documents related to exclusions. It then outlines prospective changes being made to exclusions policy, including recommendations from the Timpson Review. The exclusions process is explained as a multi-stage process involving the head teacher's decision, governing board review, and potential independent review panel. Finally, tips are provided to avoid common pitfalls in the exclusions process related to issues like SEND, documentation, and timelines.
More Related Content
Similar to Social care claims club, March 2017, Exeter
This claims club is devoted entirely to issues that touch upon the handling of abuse claims – our specialist team will update you on the initiative being run by Master McCloud to introduce a protocol specifically for claims of historical abuse. We will discuss ways in which to secure a recovery direct from the abuser, and also a new limitation initiative to assist you in defending some very old claims.
This claims club is devoted entirely to issues that touch upon the handling of abuse claims – our specialist team will update you on the initiative being run by Master McCloud to introduce a protocol specifically for claims of historical abuse. We will discuss ways in which to secure a recovery direct from the abuser, and also a new limitation initiative to assist you in defending some very old claims.
This claims club is devoted entirely to issues that touch upon the handling of abuse claims – our specialist team will update you on the initiative being run by Master McCloud to introduce a protocol specifically for claims of historical abuse. We will discuss ways in which to secure a recovery direct from the abuser, and also a new limitation initiative to assist you in defending some very old claims.
This claims club is devoted entirely to issues that touch upon the handling of abuse claims – our specialist team will update you on the initiative being run by Master McCloud to introduce a protocol specifically for claims of historical abuse. We will discuss ways in which to secure a recovery direct from the abuser, and also a new limitation initiative to assist you in defending some very old claims.
This document discusses ethical issues that arise for legal professionals in criminal cases. It covers the duties of defense attorneys, including providing counsel to unpopular or guilty clients. It also discusses prosecutors' discretion in charging decisions and conflicts of interest. The document outlines attorneys' responsibilities to clients and duties of confidentiality and candor toward the court. It discusses forensic science issues and examples of experts who provided unreliable testimony. Finally, it addresses judicial discretion in interpreting laws and sentencing.
This document discusses various ethical issues that arise for legal professionals. It covers the duties of defense attorneys, even when representing clients they know are guilty. It also discusses prosecutors' discretion around charging decisions and conflicts of interest. The document outlines attorneys' responsibilities to clients and duties of confidentiality and addressing perjury. It then covers issues around expert witnesses, forensic evidence, and problematic cases like those involving Joyce Gilchrist. Finally, it discusses judicial discretion around interpreting laws and sentencing.
At our recent claims club, we covered the following topics:
• potential implications for highway claims from the revised UKRLG Codes of Practice - Steven Conway has been involved with the Department of Transport/UKRLG review of the highway code of practice since 2011 as a contributing member and provides an update as to the progress of the review together with a look at the potential implications for highway claims from the revised code
• social care issues provide some of the greatest challenges to insurance and risk managers. Our panel of experts discussed; non-delegable duties and vicarious liability for foster parents (in the light of the Court of Appeal's consideration of our case of NA v Nottinghamshire); child sexual exploitation claims; the Goddard Inquiry; human rights claims in the family courts; and historical abuse claims - what you need to know
• rounded off with a quiz on the legal highlights of the last 12 months.
https://www.brownejacobson.com/insurance
The document provides an overview of the criminal trial process in New South Wales, Australia. It discusses the different courts' jurisdictions and the types of cases they hear. For example, it states that the Local Court hears summary offenses and conducts committal hearings, while the Supreme Court hears the most serious crimes. It also outlines key aspects of the criminal trial process like pleas and charge negotiation, the use of evidence, and the roles of legal personnel and juries. Overall, the document serves as a reference guide to the New South Wales criminal justice system.
Litigation and inquest forum, Nottingham - September 2016Browne Jacobson LLP
The Hillsborough disaster of 1989 resulted in 96 deaths. After decades of legal battles, new inquests concluded in 2016 that the victims were unlawfully killed due to failures of the police. There are calls for reforms to ensure public authorities are transparent and families are equally represented in future inquests. New agencies like HSIB aim to improve safety investigations and learning lessons to prevent future tragedies.
Sexual Misconduct in Professional Liability Cases: Key Strategies in Defendin...Samantha Ip
This document discusses strategies for defending and litigating claims of sexual misconduct against professionals such as attorneys and physicians. It provides an overview of relevant rules of conduct and penalties. For attorneys, rules generally prohibit sexual relationships with clients, and misconduct can result in disciplinary actions that impact an attorney's license as well as civil lawsuits. Physicians also have ethical duties to avoid boundary violations with patients. The document examines coverage concerns under professional liability policies, noting insurers may deny coverage for intentional sexual misconduct. It provides examples of cases where professionals engaged in sexual relationships or harassment.
Litigation and inquest forum, Birmingham - September 2016Browne Jacobson LLP
At our September forum we cover:
• Hillsborough: lessons to be learnt - by Andrew Hopkin, Partner at Browne Jacobson - the involvement of Browne Jacobson in Hillsborough and lessons that trusts and providers can take from this seminal case
• Learning lessons: identifying and communicating learning from complaints, claims and inquests - by Mark Barnett, Partner at Browne Jacobson - an interactive session giving tips and advice as to how trusts can ensure that learning is effectively disseminated to front line staff
• Inquests: the beginning or the end? The impact of inquests upon disciplinary, regulatory and criminal proceedings - by Kate Brunner QC. This session includes:
o the value of SUI's and their impact upon regulatory and employment issues
o when to whistle blow - should CQC and NCAS be involved?
o timing of internal investigations and the quality of the investigators
o referrals to the Coroner and whether to pause until after the inquest.
https://www.brownejacobson.com/health/services/inquests-and-investigations
The key to good family law decision making and outcomes - Information sharing...FRSA Communications
The document discusses improving coordination between the family law, child protection, and community sectors when dealing with complex family cases involving issues like family violence, substance abuse, and mental health. It analyzes these sectors through the lens of a case study about a family ("Family X") experiencing these issues.
The sectors make different assumptions and have different focuses - the community sector provides support services, child protection investigates risk of harm, and the family court makes decisions based on evidence. This can lead to a lack of information sharing and understanding between the sectors. The document proposes improvements like better safety assessments, case management protocols, cross-sector training, and clearer guidelines for expert reports to help the systems work together more effectively for children and families
This document provides information about expungement in Pennsylvania, including what expungement is, eligibility requirements, and how to file for expungement. Expungement is a legal process that removes some criminal offenses from a criminal record so they do not appear on background checks, while still being available to courts and law enforcement. There are various circumstances where expungement is available, including successful completion of an ARD program, summary offenses, court cases, juvenile records, non-convictions, and charges dismissed under the Controlled Substance Act. The process involves obtaining records, filling out the proper forms, paying filing fees, and submitting paperwork to the prothonotary and district attorney's office in the county where the
This document outlines the key learning objectives and content covered in Chapter 6 on Introduction to Law. It discusses the meaning and objectives of tort law, defines negligence and distinguishes it from malpractice. It explains the elements necessary to prove negligence, as well as intentional torts like assault, battery, and defamation. The document also covers criminal law, contracts, and the trial process.
U402 a court processes and procedures (working progress)Crystal Delosa
The document discusses key aspects of criminal and civil court processes and procedures. It outlines three elements of an effective legal system: entitlement to a fair hearing, effective access, and timely dispute resolution. For criminal cases, it describes important pre-trial procedures like bail, remand, and committal hearings; and explains their purposes. It also provides an overview of the general purposes of criminal sanctions and three types of sanctions - punishment, denunciation, and protection. For civil cases, it mentions pre-trial procedures like pleadings and discovery.
Contracts & Intentional Torts
Healthcare Law: Class 4
• Elements
• Defenses
Terms/Definition
• Liability: legal responsibility for one’s acts or omissions
• Cause of action: the basis of a law suit. Sufficient legal grounds
and alleged fact that, if proven, would constitute all the
requirements for the plaintiff to prevail
• Legal duty: he responsibility to others to act according to the
law; may be imposed by constitution, legislation, common law, or
contract
• Affidavit: written statement confirmed by oath or affirmation,
for use as evidence, but NOT in place of in-court testimony
• Statute of Limitations: Any law that bars claims after a certain
period of time passes after an injury. The period of time varies
depending on the jurisdiction and the type of claim.
1. Offer
2. Acceptance
3. Consideration* must be given
4. Legality
Elements of a Contract
*act of each party exchanging something of value to their detriment
1. Offer
2. Acceptance
3. Consideration* must be given
• Something of value must be given & received
• $$, work, doing or NOT doing something
4. Legality
• Purpose of the contract must be legal
• Parties must be competent
• Certain contracts must be in writing (property, contracts that cannot
be performed in less than a year, contracts that guarantee the debt
of another person
Elements of a Contract
“Meeting of the Minds”
*act of each party exchanging something of value to their detriment
Express vs. Implied Contract
• Express = written and/or spoken
• Implied = based on facts & circumstances
i.e. ordering food at a restaurant
patient makes appointment with MD
Physician-Patient Relationship: Circumstances
• Does a physician need to come into direct contact with the
patient?
• A physician is hired by ABC corporation to examine a patient
for a pre-employment physical. To whom does the physician
have a legal duty?
Workers’ Compensation
• General rule: Workers’ Comp is an employee’s exclusive
legal remedy for a workplace injury or illness
• Employees cannot make negligence or other legal claims
against their employers
• DUAL CAPACITY DOCTRINE EXCEPTION: when an employer operates
as both an employer AND a health care provider, in some states,
such as OH and CA
Physician-Patient Relationship: Scope of Duty
Physician:
• agrees to diagnose and treat patient consistent with the standard of
acceptable medical practice until the “natural termination” of the
relationship
• agrees not to abandon the patient
• does not agree to CURE the patient
• May be relieved of liability if the patient does not follow orders
• Express promises can be viewed as a warranty
• Has a duty to report diseases determined to be “reportable” by the state
and/or federal government (i.e. STDs, HIV, seizure disorder, risk of
harm/death, threatened by patient)
Patient:
• agrees to pay, or have insurance pay, for services
• does not have to agree (legally) to follow the orders of the ...
This document provides an overview of contracts, intentional torts, and healthcare law. It defines key concepts like liability, cause of action, and legal duty. It outlines the elements of a contract including offer, acceptance, consideration, and legality. It also discusses various intentional torts that can occur in a healthcare setting such as assault, battery, defamation, false imprisonment, invasion of privacy, breach of confidentiality, and misrepresentation. Defenses, elements, and examples are provided for each tort.
For our July claims clubs we look at the changing public sector claims profile and insurance market, and give you the information you need to keep on top of the changes.
This document provides an outline and overview of fraud in the workplace. It discusses why organizations should be concerned about fraud, the current climate around fraud including high profile cases, and the differences between criminal and civil fraud. It introduces the fraud triangle and fraudster's profile. It also covers best practices for workplace investigations including preparing for and conducting interviews. The overall message is that the most effective fraud deterrence comes from education and awareness about fraud risks and prevention.
Civil lawsuits follow a standard process beginning with a complaint filed by the plaintiff. The defendant is then served and must file a response. Both parties engage in discovery to share information. Most cases are settled through negotiation before going to trial. Small claims and divorces, which make up most civil cases, usually result in routine out-of-court settlements. Larger tort cases involve extensive pretrial process but ultimately also result in negotiated settlements in the vast majority of cases.
Similar to Social care claims club, March 2017, Exeter (20)
Employment law update - Browne Jacobson Exeter - 06 February 2020Browne Jacobson LLP
These seminars are aimed at anyone who deals with employment law on a day to day basis, including HR Managers and HR Directors.
At these events we will present an overview of what we consider to be the most significant developments in 2019, and what they teach us about managing your workforce – together with our practical tips.
You will also hear about what is coming up in 2020, and how you can get ready for what will be another busy year in employment law.
This document discusses school exclusions and provides guidance on the topic. It begins with an overview of the exclusions landscape and key documents related to exclusions. It then outlines prospective changes being made to exclusions policy, including recommendations from the Timpson Review. The exclusions process is explained as a multi-stage process involving the head teacher's decision, governing board review, and potential independent review panel. Finally, tips are provided to avoid common pitfalls in the exclusions process related to issues like SEND, documentation, and timelines.
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Managing procurement risks and challenges aims to increase understanding of procurement processes and risks, and knowledge of risk mitigation strategies. The document outlines several procurement stages and associated risks, including pre-market engagement, selection, tendering, contract award, and modifications. Key risks include challenges from bidders, non-compliance with regulations, undisclosed evaluation criteria, and substantial contract changes. Mitigation strategies include transparency, equal treatment of bidders, thorough documentation, and compliance with regulations.
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Education Law Conference Manchester - Monday 10 June 2019Browne Jacobson LLP
1. Implement a clear, well-publicized complaints procedure that outlines appropriate steps and timelines.
2. Address social media issues promptly by controlling the narrative and responding diplomatically or ignoring depending on the circumstances.
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3. Context
• Fresh look at approach to limitation
• Straggler group claims but wider application
Context:
• High volume claims in initial group – group actions
• Further groups or individual claims
4. Straggler group claims
• Local and national publicity
• Convictions:
- Not guilty plea
- No credibility
- Multiple victims, long period of offending
- Still alive, located and available to give evidence
• Now VERY stale
5. Legal Framework
• No procedural remedy, not abuse of process
• A v Hoare [2008] UKHL 6 – changed the landscape:
– Reasons for delay
– Cogency of evidence
– Effect of delay on the issues to be decided
– Key issue: ‘did it happen?
6. Legal Framework
• RE v GE [2015] EWCA Civ 287
- No one s.33 factor more important than the others
- Possibility of a fair trial is not the overriding
consideration (Necessary but not sufficient)
- Overriding consideration is what is fair to both
parties
- Cl should have progressed the claim more quickly
7. Checklist
• Reasons for the delay
• Causation
• Proportionality
• Credibility
• Funding
• Prejudice other than main abuser/cause of action
• Policy issues
8. One we are fighting..
• 40+ years delay from incidents complained of, 30+ years out of time
• 1 indecent assault, plus physical abuse.
• Low value
• Significant inconsistencies
• Cl – unattractive character
• Significant sexual abuse revealed in medical records, not related to
this claim
• One alleged abuser dead
• No records.
BUT: alleged abuser convicted of abuse on others, settled over 100
claims in relation to him, no credibility.
9. Moving on….
What are we looking for when we assess the claims to
defend on limitation?
• Strong credibility arguments, plus at least one
other factor from the checklist.
BUT look at each case on its own merits.
10. Recent Judgments
• Archbishop Bowen and The Scout Association v JL
• The Claimant had recovered £20,000 at trial
• He had failed in his argument that grooming of him
in his early years meant that when he attained 18
he could not consent to his relationship with the
abuser
11. JL continued
• The abuse occurred 1984 -1987
• JL 18 in 1985
• Primary limitation expired 1988 - 1990
• JL had therapy 2009 & consulted solicitors 2010
• Proceedings issued (against the church) 2011
• Delay between 9 and 23 years
• Scout Association sued 2013
• Abuser died April 2014
12. JL continued
• 1999 Abuser arrested regarding offence with
another boy
• 1999 and 2000 JL gave statements to police
• Abuser charged with 15 counts of indecent assault –
five related to JL
• Abuser pleaded guilty to the JL counts and some
others in 2000
13. JL continued
• Conviction of abuser – section 15(1) of the Sexual
Offences Act 1956
• “the consent of a man of sixteen or over to the
“indecent” act is a defense to a charge under this
section”
14. JL continued
• Trial 2015
• Claim for about £500,000
• Judge disapplied limitation
• Defendant’s appealed
15. JL continued
• Little of the criminal evidence survived
• In 2003 in his petition to leave the priesthood the
abuser undermined his guilty plea – the consent
point
• In 2012 a draft witness statement was taken from
the abuser by the church’s lawyers but he died
before he signed it
16. JL continued
• To succeed on appeal Judge must have
misdirected on law or misapprehended the facts
• “where a judge determines the section 33
application along with the substantive issues in the
case he or she should take care not to determine
the substantive issues, including liability, causation
and quantum before determining the issue of
limitation and, in particular, the effect of delay on
the cogency of the evidence” - Nugent Care
17. JL continued
• Delay was between 21 and 23 years not between 9
and 23 years
• Abuser’s death hampered the Defence
18. JL continued
• “When this court observed that the judge must
decide the issue on the exercise of the discretion
under s.33 before reaching the conclusions on
liability, it was enjoining a judge to decide the s.33
question on the basis, not of the finding that the
abuse had occurred, but on an overall assessment,
including the cogency of the evidence and the
potential effect of the delay on it” - Raggett
19. JL continued
• The judge recognised that JL was shown to have
been deliberately misleading in descriptions he had
given in his business life and the way he promoted
himself.
• There was a “tendency to inaccuracy and
overstatement”. He had misled the treating
therapists and his medical experts by saying that
the abuse started at thirteen (an allegation which
formed no part of the claim).
20. JL continued
• The judge found that JL understated the number of
visits he made to the abuser when he was an adult.
• The visits themselves were voluntary and he chose
to stay over from time to time. JL had told his
medical expert that the sexual incidents occurred
“at intervals of a few years” when they were in
fact much more frequent, indeed regular
21. JL continued
• The Judge concluded that JL’s evidence “as to the
supposed effect of abuse on his business generally
to be unconvincing.”
• from the time he made statements to the police in
support of the prosecution JL was asserting that he
had been the victim of abuse.
22. JL continued
• the problem with reliance upon a revelatory
experience when in therapy as a good reason for
not having sued earlier, is that it was based upon
false premises.
• until the criminal prosecution, JL delayed in
bringing any claim relating to the pre-university
years because he believed that he was in a
relationship with the abuser which was unique.
23. JL continued
• Even when that realisation was shattered JL, whilst
willing to stand in a Crown Court and give evidence
against the abuser, did not wish to bring
proceedings.
• If there has been a conviction the problems of
investigating antique events may be of less
consequence. In the overwhelming majority of such
cases that may be so because the conviction proves
the tort.
24. JL continued
The Judge was wrong to have disapplied limitation.
He had taken into account too short a period of delay
and had not weighed the adverse findings he made
against the claimant in considering the range of
matters which informed his decision on limitation
25. Recent Judgments
• AP (BY HIS LITIGATION FRIEND, BA) v TAMESIDE
METROPOLITAN BOROUGH COUNCIL
• no presumption under the Human Rights Act 1998
s.7(5) in favor of an extension of time to bring
proceedings for claimants who lack capacity and
therefore depend on others in order to make a
claim.
26. AP continued
• The extension period sought represented one-and-
a-half times the primary limitation period
• It was inexplicable that the solicitors had taken no
steps to protect his position by issuing a protective
claim before or just after expiry.
• The legal aid matter could not justify extending
time.
• The claim would be a huge administrative burden
to the Defendant - costs likely to be substantial.
27. Recent Judgments
• (1) MLIA (2) CLEL v CHIEF CONSTABLE OF
HAMPSHIRE
• The court refused to extend the one-year
limitation period for a human rights claim brought
against a police force in relation to its alleged
failure to adequately investigate complaints of
abusive behavior and harassment - a seven-and-a-
half year delay in bringing the claim and the
claimants could have sought advice on a potential
claim earlier
28. Recent Judgments
• Catholic Child Welfare Society, Trustees of Middlesbrough Diocese,
Trustees of De La Salle – St Williams School
• 5 Judgments
• Group Action: Proceedings issued 18 July 2005 and GLO made 5
September 2006
• 249 claims
• Delay – police investigation and vicarious liability issue
30. Middlesbrough cases
GH – [2016] EWCH 3337 (QB)
The claim:
- physical abuse by Hartnett and Kelly
- sexual abuse (masturbation, oral sex) by Father McCallen
- resident from 1981 – 1985
- - became anti-establishment, significant criminal record
- ashamed, stigma, put it to back of his mind.
- August 2003, spoke to probation officer and prison doctor. Problems in
children’s home but no detail.
- Saw solicitor in 2003, March 2005 transferred to Jordans.
31. GH –evidential position
• Hartnett died on 22 March 2015, but provided full statement
denying abuse
• Gerry Kelly died on 21 November 1990
• Alleged witness denied report of abuse but too old to attend trial
• McCallen – denied abuse, but background of convictions for
indecent assault and buggery.
• SWs not called, but little effort to trace them
• Experts: task of experts made difficult due to deterioration in
cogency of evidence over time
• Prof Maden – didn’t know why he couldn’t bring claim earlier
• Ms Aitken – agreed with claimants explanation
32. GH - prejudice
• Some missing documents, but not extensive
• Significant documentation did exist - medical records, more recent
social service records etc
• Witness evidence as above
• Alleges abuse – March – June 1985
• Modest value?
• Limitation period expired 5 February 1991 – 15 years out of date,
20 years after incidents complained of.
33. Equitable to proceed?
• Yes
- explanation for delay, if true, may well be a good reason
- documentation was available – “extensive and illuminating”
- witnesses recollection may have dimmed, but denied any abuse occurred
at all (or were peripheral to the case)
Did the claim succeed?
• McCallen – “very unconvincing witness indeed.”
• Claimant – “not a convincing witness.”
• NO!
34. EF – [2016] EWCH 3336 (QB)
• The Claim
• Arrived at St Williams on 14 July 1972, aged 15.
• Alleged physical and sexual abuse (fondling, masturbation, digital
penetration) by Brother James Carragher, William Bruce (Brother
Thomas), Brother X.
• Left St Williams on 7 March 1973
• Habitual offender - 5 March 1991, life imprisonment for murder
• Inside Times – 2005; first statement on 8 October 2007.
• Drank heavily, he says to push the abuse to the back of his mind.
Shame, stigma.
35. EF
The evidence
• Very limited documentation – no education, social services records
or older mental health treatment records
• Brother James called. Denied abuse. Tried and convicted of sexual
offences against pupils – 1993, 2004, 2015. Contended that he had
been wrongly convicted in 2004 and 2015. But admitted abusing
boys between 1972 and Feb 1980, despite his guilty plea!
• Brother X – man of good character, gave evidence and strongly
denied the allegations.
• Brother Thomas died in 1976, never asked about allegations.
• 2 of the 3 alleged abusers had no memory of the Claimant
36. EF - prejudice
• Loss of key documents
• 2 of 3 witnesses – no recollection
• Expert evidence agreed on limitation issues: reason for delay is that
thought didn’t occur to him until he saw the advert in Inside Times.
Nothing other than self-report to indicate the abuse troubled him before
then.
• Problem with cogency of evidence, would have been easier to assess if
brought in time. Prof Maden said assessment now impossible.
• Abuse alleged to have taken place between July 1972 - March 1973
• Limitation period expired on 13 June 1978. Proceedings issued on 17
October 2007 – claim was 29 years out of time.
37. EF – equitable to proceed?
No
- particular concerns about the cogency of the evidence due to Claimant’s
vagueness on details.
- Important contemporaneous documents are lost
- not a good reason for the delay. Most likely reason – that it simply didn’t
occur to the Cl to make a claim.
- length of delay.
Note: Did abuse likely occur – evidence vague, inconsistent, sometimes
implausible. Failed to discharge burden of proof.
38. CD [2016] EWCH 3335 (QB)
The claim -
• -Claimant alleges abuse at St William’s School, attended late
1980’s - 1994.
• Sexual abuse - Brother James Carragher (“Brother James”) - rape
during a residential trip and physical assaults.
• Physical assaults - Noel Hartnett and Ray Black (physical assaults)
- The Claimant did not report abuse at the time
- Did not report physical abuse as he said other staff must have
witnessed or been aware of pupils being hit and did nothing about
it and so there would be no point reporting it.
•
-
39. CD
• The Claimant was at St William’s until 1994 and there
are detailed records of his time there.
• Claimant has 18 convictions for 62 offences with only
one offence committed after 2000.
• For the last 15 years or so he has been in regular
employment and has no issues with drugs alcohol or
offending. He is happily married and lives a normal
family life.
40. CD
• He claims to have dealt with the memories of
abuse by putting them to the back of his mind and
ignoring them.
• He reports occasional flashbacks.
• He was interviewed by the police whilst he was still
a pupil at St William’s as were all other pupils
about Brother James and he denied he had been
abused.
41. CD
• He was interviewed again by the police in 2003 and
again denied being abused.
• He first disclosed the physical abuse to his
solicitors in 2005 mentioning an incident in
Scotland but describing another boy as the victim.
• He eventually disclosed that he was the victim of a
rape in 2014 repeating this allegation to Professor
Maden in 2015 albeit in vague terms.
42. CD
• Brother James was called as a witness but denied the abuse.
• Mr Hartnett died on 22 March 2015 but provided a full statement prior to
his death denying any abuse – said any force used was reasonable.
• Ray Black provided a statement denying liability. He had poor health and
was unable to attend trial.
• Despite the best efforts of the Defendant’s solicitors documents were
missing and witnesses were untraced.
43. CD
• Professor Maden
• “There are serious problems for the expert arising from the fact that the
material events took place over 20 years ago. Memory is not reliable over
such long periods of time. Recall is an active mental process in which
memories tend to become distorted with time to fit the individual’s
beliefs, needs and values. Both the content and meaning of recollections
often change with time. Event can and do acquire a significance years
later that they did not have at the time. ”
• Expert Ms Richardson however felt that the Claimant’s behaviour was
typical of a victim of child sexual abuse and felt that the physical abuse
had not been reported as it appeared “normal” at the time.
44. CD – Defendant’s limitation
arguments
• The Defendant complained that proceedings were
not commenced until 15 years after the cause of
action arose.
• Noel Hartnett had died and other alleged abusers
were too unwell to attend court.
• Some witnesses could not be traced
• Missing records
• Burden is on the Claimant to persuade the court to
exercise its discretion under s 33 LA 1980.
45. CD – Claimant’s limitation
arguments
• The Claimant alleges that the Limitation period
started on 30th January 1996 and expired on 30th
January 1999.
• Proceedings were issued on 18th January 2006 (but
adjourned until 2015 due to Supreme Court hearing
regarding vicarious liability and the 2015 criminal
proceedings). Admitted there was a 7 year delay.
• Delay was because the Claimant was too
embarrassed and ashamed to report the abuse.
46. CD – equitable to proceed?
Yes
• Documentation was available.
• Claimant provided good reason for delay.
• Only a 7 year delay – relatively short.
• Claimant a clear compelling witness.
• Documentation still available.
• Key witnesses gave statements.
• However, the Claimant twice denied the abuse to the police.
And credible…awarded £14,000 damages.
47. Conclusions on approach?
• Documentation is important
• Witness evidence is important, but not if everyone is just going to
deny any and all abuse anyway!
• The Court does not like being messed around – delay can’t just be
due to not thinking about it.
• But it may be reasonable to put it to the back of the mind, or to
fear disclosure due to shame or stigma.
• A vague or inconsistent Claimant is less likely to be allowed to
proceed, although this is not a determining factor.
54. Recoveries from ….
• Residential social workers – itinerant but pensions?
• Social workers – property and pension?
• Teachers – property and pension?
• Foster parents? – property but no pension?
• Others?
61. The basis of claim
• Civil Liability (Contribution) Act 1978
• S1(1)
• Subject to the following provisions of this section,
any person liable in respect of any damage suffered
by another person may recover contribution from
any other person liable in respect of the same
damage (whether jointly with him or otherwise).
62. The basis of claim
• Civil Liability (Contribution) Act 1978
• S1(4)
• A person who has made or agreed to make any
payment in bona fide settlement or compromise of
any claim made against him in respect of any
damage (including a payment into court which has
been accepted) …
63. The basis of claim …
…. shall be entitled to recover contribution in
accordance with this section without regard to
whether or not he himself is or ever was liable in
respect of the damage, provided, however, that he
would have been liable assuming that the factual
basis of the claim against him could be established.
64. Some practicalities
• Limitation – 2 years from date of settlement
• On whose behalf is the recovery made (insurer or
insured or both?)
• QOCS for the Claimant but not for you
• Conditional Discounted Fee Agreement – capped at
25% of recovery?
65. Some practicalities
• Has the abuser been convicted?
• Does the abuser have assets – property, pension,
shares, bank accounts
• Will the abuser deal with the Claimant’s claim
directly?
• Additional claim with Defence - or stand alone
proceedings?
66. Which assets?
• Property
• Sole or joint tenancy?
• Joint tenants or tenants in common?
• Children, the elderly, tenants?
• Mortgage?
• Charge versus Order for sale
67. Which assets?
• Pension
• Private not state
• Which scheme?
• What do the scheme regulations say?
• Pension drawn down?
• Attachment of earnings
72. What is it?
• November 2016 – informal user/consultation group
re historical abuse cases.
• Master McCloud – only sole civil Master – “raising
head above the parapet.”
• How can these cases be better managed and tried?
• Working groups: anonymity, disclosure, delay,
experts, costs and proportionality, ADR…
• Historic Abuse Lawyers Forum (HALF).
73. What is it?
• Informal, no change in the law. But best practise can
be infectious.
• Memorandum of understanding/protocols between
leading Defendant and Claimant firms.
3 months on:
• Working towards pre-action protocols and standard
directions for issued claims.
• Historical abuse resolution procedure (HARP).
74. What is it?
• Who else is involved? Got momentum – ALARM, ABI,
psychs and psychologists, key insurers.
• Attempt to increase the pool of experts and reduce
costs.
• Keeping IICSA involved.
75. What next?
• Interim meeting with Master McCloud by Claimant
and Defendant solicitors– 21/02/17.
• Claimants and Defendants had prepared separate
pre-action protocols
– D = Vicarious Liability only
• Agreement/disagreement on the detail.
• Drafting group – next meeting in early summer.
76. HARP
• Alternative resolution process.
• Embryonic, and VERY different.
• Applies when parties admit Cl has suffered abuse.
• No pecuniary damages for past and future loss, just
PSLA and costs of medical treatment – given
through process irrespective of outcome.
• No limitation defences available.
• Narrative judgment which makes findings as to
what happened and how to improve in future.
77. HARP
• Inform practice, future risk management.
• Prevents Defendant “taking control of the process
by making a large offer or an admission” – Cl can
still get declarative judgment.
• Cl will know it is not just about the money.
• Encourage apologies, more openness.
78. HARP - implications
• Appetite?
• Will costs really reduce? Can’t avoid a fact finding
exercise.
• Disbarred from then making a damages claim?
• Who will fund the treatment etc.? Insurers? But
what if no fault….
• Widening pool of experts, ongoing treatment.
• “Address an unmet, pressing social need…”
79. Protocols and HARP – key issues
to address
What are the current challenges with abuse cases…
What is your experience?
80. Current Issues
• Disclosure between parties is expensive – problem
of redaction.
– Electronic solution – data room?
• 3rd party disclosure – police/family courts. Costs
increased by requirement to issue.
– How will a voluntary protocol help?
• Insufficient information from Cl when records
requested.
81. Current Issues cont…d
• D’s dragging feet on a limitation moratorium.
– Both issues to be addressed by a beefed up letter of
notification stage.
• Relatively high costs of handling claims.
– Pre-action protocol should streamline.
– But C’s want a ban on pre med offers.
• Very high expert costs.
– Is increasing pool possible…?
82. Challenges with HARP
• How relevant to present risk management is a
declaratory finding in old cases?
• Who will fund rehabilitation in cases where liability
is not proven?
• Will Claimants sacrifice good future loss claims –
Claimant’s solicitors professional obligations.
• Cannot settle a case with a payment of damages.
• Do D’s wish to forego a limitation defence?
83. Challenges with HARP cont…d
• Do all Claimants want a declaratory judgment?
– Do some want early compensation and resolution?
– Are there other avenues for recognition?
• Increased costs – investigating liability in vicarious
liability claims?!
• The Elephant in the Room …