Professionalism:

Duty does matter

Martyn Gabbitass

ACII ACILA

Headlines:Surveyors to cost Insurers dearly.

Court case over Broker’s failure to keep Insured fully informed.

Safe as houses?

Pre-Action Protocol for Construction & Engineering Disputes.

History Lesson:

Fitness, Quality, Skill and Care.

Supply of Goods & Services Act 1982

Expanding Liability 1990’s

Exclusion/Exemption Clauses UCTA 1977.

Hedley Byrne & Co. Ltd v. Heller & Partners Ltd (1964).

Henderson v. Merrett Syndicates (1995).

White v. Jones (1995).

Expanding case law.

Times are a changing?

Pre-Action Protocol – architects, engineers & quantity surveyors.

Impact on claims handling professionals.

Pressure to achieve costs effective case management.

What does it mean for Adjusters?

• Early assessment of Claimant’s allegations.• Focused response.• Early meetings.• Alternative dispute resolution methods.• Litigation last resort.• Quantum assessment ongoing.• Case strategy recommendation.• Part 36: liability; quantum.

Where do we see the pitfalls?

Brokers: Ground Gilbey & Anor v. JLT UK (2001).

Surveyors: Farley v. Skinner (2002).

Engineers: Costain Ltd v. Charles Haswell & Partners Ltd (2009).

Negligent Misstatements: McKie v. Swindon College (2011).

Safe as Houses?

Robinson v. P E Jones (Contractors) Ltd (2011)

Contrast and compare – contractor vis-à-vis professional.

Concurrent duty of care - contractor: no.

- professionals: yes.

Hedley Byrne/Merrett Syndicates.

Why differentiate?

Reasonable skill and care demanded.

Losses including economic anticipated.