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Casualty

First class legal services without compromise

The specialist casualty team has decades of experience of successfully defending the full spectrum of employer’s liability and public liability claims, including:- brain injury, chronic pain, assaults, stress at work, bullying, trips and slips, housing disrepair and occupiers liability, animal act cases, fatalities and ECHR breaches, along with disease claims.


Claims are handled pro-actively with legal issues disentangled quickly, so that our clients can be provided with clear and informed advice at the earliest stage. We recognise that our clients require a commercial but robust approach to litigation, and are adept at determining which cases ought to be settled and those that merit defending to trial.


Disciplines

At Markel Law, our teams have experience in specific disciplines and will be there every step of the way to guide you through the process.

Our team has experience of dealing with the vast array of construction site injury claims, whether that be simple trips and slips or manual handling claims, to complex, high value multi-party litigation.

Pre and post-litigation claims handling

We regularly deal with claims involving multiple parties, and which often include interpretation of statutory provisions and principles of common law, as well as breach of contract issues, including contractual indemnities.

Our expertise includes determining whether Part 20 claims for contribution or indemnity ought be pursued and when. Our lawyers will guide you through the legal and procedural landscape, ensuring you have clear and concise advice throughout.

Advocacy and trial experience

Our lawyers are experienced advocates and will ensure the best possible results are achieved at case management conferences and application hearings.

We regularly run cases to trial, and will ensure that you are supported in defending claims without merit, drawing upon our network of subject matter experts and specialist counsel to ensure clients receive the very best service.

Risk management

We understand the risks involved in the construction industry and that the regulatory framework can appear complicated. Our lawyers can assist you in improving your policies and procedures so that claim frequency is minimised, and litigation success rates are optimised.

Our team regularly represents clients in the social care sector, whether that be companies undertaking domiciliary care services, non-mainstream education providers, to those that care for and support individuals with complex needs and learning disability, including autism.

Employers liability and public liability claims

We are experts in handling all manner of EL and PL claims in the sector, whether that be routine slips and trips or manual handling cases, to more complex claims involving assaults.

Trial experience

We regularly defend claims to trial and our lawyers are adept at determining quickly those claims that require an early commercial settlement and those that warrant a robust defence.

We will support you through the litigation process, including providing advice and support to witnesses unfamiliar with court hearings, whether that be via remote or in person conferences. We have a vast network of specialist barristers to draw upon, ensuring that the best possible result is achieved at court.

Fatalities and ECHR breaches

We work closely with our Regulatory Team to ensure that civil claims arising from inquests and CQC investigations are dealt with consistently. We appreciate that claims of this nature can involve sensitive issues and which require a measured and compassionate approach, whilst at the same time understanding that those issues should not detract from ensuring our clients best interests are protected.

We have experience of the full range of personal injury claims, regularly acting for insurers and their insureds in pre-litigation disputes, including pre-action applications for disclosure, Part 8 MOJ hearings and Infant Approvals, small and fast track litigation, and complex and high value multi track matters.

EL and PL claims

We have experience of handling a wide range of pre and post litigation injury claims. Work examples include:

  • Successfully defended an employer’s liability claim from a worker who was bitten by a dog at an animal rescue centre.
  • Professional indemnity claim for a Health and Safety Advisor relating to alleged negligent advice resulting in an injury at a conference event.
  • Successfully defended a claim for a health and safety advisor in respect of safety advice delivered in respect of large commercial sporting event.
  • Public liability claim against a Landlord in respect of defects in communal parts of leased premises.
  • Public liability claim for a healthcare equipment manufacturer involving a defective maternity bed.
  • Employers liability claim arising from exposure to formaldehyde within a poultry farm.
  • Multi-party employers liability claim relating to exposure to harmful chemicals at water treatment facility.

Trial experience

Our lawyers regularly run cases to trial and conduct advocacy at inter-locutory hearings.

We understand that clients and witnesses may not be familiar with the process and our experienced team of lawyers will ensure that you are supported in your preparation for trial, including access to our vast network of specialist experts and barristers.

Let's talk

Does your existing insurer provide market-leading solutions for UK SMEs?

Meet the team

The team has wide experience of the key commercial legal areas businesses navigate on a daily basis, including commercial agreements, IP and data protection, and property-related matters.

Headshot of Caitlin Henzie

Caitlin Henzie

Trainee Solicitor

Headshot of Sandy Kaur

Sandy Kaur

Solicitor

Headshot of Alfred Lungu

Alfred Lungu

Solicitor

Melanie Misselbrook

Partner and Head of Casualty

Headshot of Samantha Whitehead

Samantha Whitehead

Senior Associate