"Sacha" wrote in message
k...
On 9/9/04 14:44, in article
,
"BAC" wrote:

snip

However, I haven't noticed anybody offering legal advice in this case,
merely practical observations on how to deal with circumstances which
might
give rise to a claim for compensation.


Admission of responsibility has been suggested and that is possibly not a
wise route to follow, bearing future such shows in mind, because this
might
not be a one off.

I must have missed that, since I can't recall anyone suggesting admission of
responsiblity. People suggested paying him off, without admission of
liability, which is quite different.

That is why CAB or a lawyer could give a simple answer,
putting the matter to rest, once and for all and I really cannot see why
that idea is so hurtful to all the 'would-be' lawyers that flock to these
queries.

No, with respect, the lawyer consulted could not put the matter to rest,
once and for all, all he/she could do is give his/her opinion and advice,
which would not necessarily be accepted by or be binding on the other party.
That is what the courts are for. Think of all the civil actions going before
the courts, many of them with lawyers acting for both sides, all of whom
have advised their clients. I am dealing with a case at the moment where my
client has obtained Counsel's Opinion, at no inconsiderable cost, but will
the 'other side' accept it - no chance.

At present, this is a small and insignificant claim but if the claimant
isn't genuine but is 'trying it on' and succeeds and tells others of his
ilk
that he has succeeded, then future years could see an increase in those
making such claims.

Assuming nothing done in the meantime to remove/reduce the opportunity for
future similar claims.

And that would be to the detriment of the organisers of
the show, especially if they have to then use their public liability
insurance. That is why I suggested the very simple idea of contacting a
body qualified to give a simple but definitive answer, rather than relying
on a gardening group to provide it.
We have to carry large public liability insurance here as do others, I'm
sure. But if I wanted advice on how to use it/not use it/avoid future
occurrences, I probably wouldn't seek it here.

Neither would I - if you recall, my first advice was to consult the
insurers, if unsure of the circumstances in which the policy requires
notification of circumstances which might give rise to a claim. All the
other stuff, really, is mere speculation, since there must be an insurance
policy involved, given the title of the subject of the thread, and it is
important to comply with policy conditions or cover might be prejudiced.
Loss adjustors exist to minimise the *insurers* outlay.

As I said before, the first place to look is in the terms of the insurance
policy, which will probably include requirements to be followed in the
notification of claims or potential claims, and, if in doubt, ask the
insurers for clarification.

If, and only if, it turns out you're not covered or because of the likely
quantum, the insurers are happy for you to handle it on your own (subject to
their approval), would you need to take any action yourself.

I expect the OP asked the question here because he thought other people
might have had to face potential insurance claims, so could share their
experiences with him, not because he thought we were all closet QCs.