Defending a Civil Claim

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Course Overview

This course will enable delegates to make valued judgements and choices as to whether to fight the civil claim against them or their organisation.

Audience

This course is suitable for individuals responsible for putting together defences against civil claims, on behalf of their organisation. Particularly relevant for senior managers, HR directors and health and safety officers.

Skills Gained

By the end of this course the delegate will be able to:

• Choose the best option for their organisation
• Make the best preparation for a defence
• Understand the process of effective investigation and core evidence gathering
• Understand the need for obtaining meaningful witness statements and the procedure involved
• Work within the legislative framework, and adhere to its principles
• List areas of liability and design remedial action charts

Course Outline

The legislative framework

• The law relating to civil claims
• Risk projection
• The causes of litigation
• The costs of damage and loss

Structure of a claim

• All pre-claim action procedures
• Statement claim and its legal defence
• What limitations in law may apply
• Witness statements and evidence protocols
• Disclosure of relevant documents
• Trial preparation and briefings

Defence

• Making the choice to fight the claim or not
• The types of proof explained
• The need for effective evidence
• Legal procedures and arguments

How to settle the claims

• How not to make unsafe decisions
• Court payments
• Use of imagination and remedial actions

Damages

• Loss to the claimant
• Financial loss - both past and future projections
• Employment issues regarding any disadvantage that may take place
• Costs and expenses, and fee agreements
• An overview of the actions of the Compensation Recovery Unit

This course will provide delegates the opportunity to relate case law back to their own organisation.

Defending a Civil Claim / DECS