Employers' Liability Risk Management
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Most managers have never seen the inside of a courtroom let alone suffered the trauma of facing lawyers trained in the art of breaking you down to make you say something you did not mean or
intend. Many times key personnel have expressed anger and distress at having been humiliated by aggressive and searching cross-examination about situations where they truly believed they had done their best.
Over the past decade and particularly since the introduction of the Civil Procedure Rules,
the nature of civil litigation has changed significantly, tipping the
balance so often against the defendant. Along with this, the
"compensation culture", so prevalent overseas, has inflicted itself on our
own judiciary to the point where it is no longer viable or even possible
to defeat claims through the courts. This has generated a call for a new approach and a radical shift of emphasis from defending claims to preventing them.
Prevention of claims depends on sound business management, good working
practices, awareness of risk and trained anticipation. To achieve
these, we analyse claims, explain how legal procedures and the rules of
evidence can be used to improve working practices, and apply the
principles of quality assurance.
This service has been developed following 15 years' advice on such
matters and is presented by
Robert Morton, who has 36 years' experience in civil litigation in the public and private sector and has for the last 11 years acted as a legal consultant to a major County Council and Police Authority, as well as London and provincial solicitors.
The process of certification to ISO standards and the presentation of the those parts of the seminar which are ISO-linked is carried out in association with Nigel Bauer of Nigel Bauer & Associates, who has 25 years' experience of quality management within manufacturing and service organisations and who provides both training and consultancy services at an international level.
Transcript of article for publication in Local Government Chronicle on 15 August 2003