| The
Lord Chancellor, following the Woolf Report,
introduced fundamental changes
to the English legal system,
effective from 26th April 1999.
The Woolf Report is initially aimed at dealing with personal injury claims
that would be settled at less than £15,000 on what is referred to as a Fast Track
basis. The
object of the reforms is to speed up the justice system. It
will have particular impact on damages claims for injuries sustained by employees
or members of the public who believe they have a valid claim against us as an
employer,
a driver, an operator of a vehicle fleet, a property owner
or as a manufacturer or supplier of goods and services.
The essence of the
revisions are that the parties concerned work together
in a consensual rather
than in an adversarial way
to deal with the claim and various protocols including
the imposition of deadlines,
format of the claim notification and document
disclosure form part of this. The
report is detailed and covers a number of issues
which do not have a direct
bearing on The Greencore Group.
Full details can be obtained from the following web site : -
http://www.open.gov.uk/lcd/civil/cjustfr.htm
The
main features are :- - The
claimant must notify us in writing before any legal action is taken,
of their
intention to claim.
This notification must give us sufficient information
to identify the alleged incident that gave rise to the claim.
There will
be a standard letter or protocol that the claimant's lawyer must use. - A
response must be given in writing within 21 days of notification.
The relevant
insurers must be identified. - Within
3 months of the original notification of a claim
liability must be accepted
or declined. - If
the claim is declined
any documentation relied upon in support of the declinature
must be disclosed. Practical
implications for The Greencore Group. Personal
Injury Claims can arise from : - Our
property.
- A
product we manufacture.
- A
road traffic accident.
- An
accident at work
The
claim must be made in writing
and two copies of the letter of claim must be
sent to the relevant Greencore Group Company.
All of these claims must
be referred
to our insurers without acknowledgement...
which is no different from the
current situation.
Therefore one of the letters of claim will be sent to
them and the other retained. Acknowledgement
of a claim
is the responsibility of The Greencore Group' insurers. The
overall objective is to speed up settlements and therefore reduce legal costs.
An additional aim is to avoid litigation.
The significant feature is
the imposition of tight deadlines and the need to obtain and retain very efficient
records of any incident. Those
tight deadlines carry a joint responsibility between ourselves and our insurers
because if they fail to respond adequately on our behalf because of delay or lack
of adequate supporting information then it reflects adversely upon The Greencore
Group. In addition, penal costs may be incurred and in due time the potential
cost of claims and therefore insurance may rise. The onus will be on us to ensure
that all supporting documentation and accident investigation records are correct
and up to date. It
will be essential that we :- - Immediately
investigate every accident at work, (03050.she)
obtaining as much written and photographic evidence as possible,
including
witness statements. - Maintain
detailed records of any incident that may carry a product safety issue
and
potentially lead to consumer claims. - Immediately
i.e. same day refer every claim to your insurer
and provide them with as much
evidence as they may require
in order to defend your position. - Retain
your employers liability insurance certificate for 40 years
to provide an
adequate audit trail for future claims. DOCUMENTARY
SUPPORT The
Claimant is entitled to see a wide variety of documents ( see attached list).
For example a simple accident where an employee or member of the public slips
and is injured in a car park
could trigger a request for up to 14 classes
of document
from the accident report book entry (DSS B1510)
to housekeeping
or repair and maintenance records. It
is absolutely vital that all The Greencore Group
'Health and Safety' documentary
support is up to date. This
requirement will impact severely upon our Health and Safety resource
but we
consider it essential that the quality of documentation is reviewed
and brought
up to an acceptable standard where necessary
in order to ensure adequate defence
of a claim against the Greencore Group. | 
