Liability
Tort
The vast majority of civil claims for personal injuries are settled by agreement. In practice, the defendant’s insurers usually take over the conduct of the claim, will decide whether to settle and will determine the terms on which the settlement, typically with the claimant’s legal representatives. Less than ten per cent of personal cases proceed to a court hearing. Settlements on behalf of children require court approval.
Many cases are settled without legal proceedings being issued at all. Many other cases are settled after the statement of claim and defence issues, at which stage their respective cases are formalised. One-third to one-half of cases listed for trial settle at “the door of the court”, just before trial. At this point, there is an intense focus on the issues in the case and the strengths and weaknesses of the party’s cases.
In practice, many cases are settled at the door of the court. It may be only at this point, that the parties and their representatives focus fully on all the issues likely to arise at the trial, including the strength and weakness of their respective cases. There is a significant acceleration in the costs incurred in the period immediately before trial, as preparations are finalised and counsel are fully briefed. The costs of the trial itself are usually significant. There are usually significant upfront costs, together with significant ongoing costs for each day the trial runs.
Accidents
Most personal injury claims arise out of road accident accidents. A significant number of claims arise from workplace incidents and a smaller proportion arising from occupational diseases. The next most common type of claim, arises from so-called “occupiers liability” claims, typically “trip and fall”, cases on private premises and in public places, such as falls on footpaths and roadways.
Road traffic cases may involve property damage only; usually to the vehicles involved. The vast majority of such cases are settled without commencement of proceedings or trial.
Many accidents, particularly more minor ones, are not pursued by way of a claim for practical and pragmatic reasons, even where there may be fault on the part of a third-party.
Accidents which cause serious damage, may be no one’s fault and be thereby outside of the scope of civil liability altogether. Many road traffic accidents are single-vehicle accidents where the driver is at fault and is the only injured person.
Personal Liability of Defendant I
The defendant in a negligence claim may be found legally responsible to the claimant in respect of the claimant’s injurues and loss. Road traffic liability insurance is mandatory so that the defendant should have an insurance policy by which an insurer has agreed to indemnify him in respect of such liability. The insurance company is not the defendant.
In the absence of insurance, it is rare that a person at fault will have sufficient means to satisfy a judgment for damages. It may not be worthwhile to pursue a claim if there is no insurance or if the defendant lacks the means to satisfy a judgment. The defendant’s wealth or ability to pay an award is+ irrelevant to his liability.
A person may be made liable for an enormous award on the basis of some fleeting circumstances, which are retrospectively found to be negligent. A very small almost conjectural blame may lead to an enormous liability, many multiples of lifetime earnings.
In practice, a claimant may find it impractical to bring a claim against an uninsured defendant. This substantial costs involved would be an impediment if they are not likely to be recovered from the defendant. The solicitors and lawyers who act for a claimant in such circumstances are likely to require payment on account, given the risks that they may not recover costs.
Personal Liability of Defendant II
An uninsured defendant may be forced to enter bankruptcy, in order to relieve himself of liability. This would require the realisation of all of his existing assets, including possible, the sale of his dwelling house, subject to limited court discretion. The person taking proceedings may not benefit.
If the defendant’s property is mortgaged, the mortgagee will have a first claim to the proceeds of sales. If it is jointly owned, the maximum that can be accessed of one of the judgment is half interest in the equity. The courts may exercise a discretion to refuse a sale.
In most cases, there is unlikely to be much possibility of attaching the defendant ’s income either in bankruptcy or out of bankruptcy to any significant extent relative to the cost of the procedures involved. In practice, very few defendants pay or are able to pay damages personally.
Corporates and Vicarious Liability
Large corporate bodies and public authorities with substantial resources may be unable to avoid paying on foot of a judgment In practice, many public liability claims are brought against bodies of this nature, which often self-insure.
The principle of vicarious liability in employer’s liability claims makes employers liable for the civil wrongs/torts of their employees. The scope of vicarious liability has greatly expanded as the concept of an employee has expanded beyond those who are under the immediate and direct control of the employer.
Section 24 of the Civil Liability and Courts Act 2004 provides that if a Plaintiff in a personal injuries action givens or causes to be given, evidence that is false or misleading in any material respect and which he or she knows to false and misleading, the Court shall dismiss the claim unless for reasons stated by the court in its decision, determines that the dismissal of the action would be unjust
The court in a personal injuries action shall, if satisfied that requisite affidavit made in support of the claim, is false and misleading in any respect, and that the person who made it knew to be false and misleading, shall dismiss the action dismiss the action unless, for reasons that the court shall state in its decision, the dismissal of the action would result in injustice being done.
An act is done dishonestly by a person if he does the act with the intention of misleading the court.
The reference to offering or adducing evidence does not refer only to the evidence of the claimant himself. It covers the offering of evidence in the broader sense, as proof of the claim. An affidavit is sworn dishonestly if it was sworn with the intention of misleading the Court.
In order for the provision to apply, the defendant must show that some material evidence has been given which is false and misleading and the claimant knows it to be false and misleading. It must be found by the Court that there is false and misleading evidence. This decision will generally be made by the trial judge who hears the witnesses, rather than by an appeal court.
Insurance
Compulsory insurance covers passengers, who can accordingly recover for injuries in most cases. Insurance companies a critical role in determining the outcome of particular cases. Their representatives do so on the basis of the likely result if the matter was tried. Other practical and tactical matters may arise.
Lability, accident and illness insurance cover and social welfare insurance may offer some level of recourse and compensation.
The defendant in a negligence claim may be found legally responsible to the claimant in respect of the claimant’s accident. Road traffic liability insurance is mandatory so that the defendant should have an insurance policy by which an insurer has agreed to indemnify him in respect of such liability. The insurance company is not the defendant.
In the absence of insurance, it is rare that a person at fault will have sufficient means to satisfy a judgment for damages. It may not be worthwhile to pursue a claim if there no insurance or if the defendant lacks the means to satisfy a judgment. The defendant’s wealth or ability to pay an award is, however irrelevant to his liability.
The criminal injuries compensation scheme may offer compensation where a person suffers injuries as a result of a crime, There can be no insurance in respect of deliberate wrongful acts.