UK Casualty insurance services

Motor

Law Firm of the Year 2016The Lawyer

Catastrophic & large loss

Abuse

Legacy

Why Clyde & CoAs the number one insurance litigation firm, Clyde & Co is the law firm of choice for all major insurance organisations (including brokers, composites and mutuals), private companies and public sector organisations.

Our clients trust us because our expertise ensures the highest quality services to reduce risk and overall indemnity spend. We achieve this through great claims handling, efficient processes, and insightful MI.

In an evolving market we constantly review our service provision to ensure it remains “best in class” and represents the best possible value for money. We work strategically with our clients by sharing thought leadership, insight, and emerging best practice, to help them enhance their claims handling strategies.

From the simplest of fast-track claims to the most complex, sensitive and high-profile cases, we have the resources, technical capability and experience to fully support each client, safeguarding their bottom line and protecting their reputation.

They offer a broad coverage practice that is fantastic.Chambers & Partners

1

Expert casualty services

Clients trust Clyde & Co because we focus on providing expert legal advice across a full range of casualty services, from simple fast-track claims to the most complex and sensitive cases. This is delivered by commercially astute lawyers with true sector expertise.

Employers’ liability

Public liability

Product liability

Property liablity

Road traffic accidents

Motor damage

Credit hire

Motor recoveries

Motoring prosecutions

Volume delegated

Catastrophic injury

Class actions

Legacy

Emerging disease/abuse

Fraud

Technology

Cross border

Industrial

SHE Regulatory

Utilities

Services for corporates

Transport

Costs

Public sector

Advocacy

Retail

Liability claims Motor claims

Services across claims types

Sector expertise

Claims spectrum - Simple through to Complex

As an example of our ability to handle the most complex, multi-claimant cases, we were instructed in both the civil and regulatory aspects of the M62 “Hen Party” crash, which involved our client’s HGV crashing into the back of a minibus. The collision resulted in one fatality, 18 seriously injured passengers and 12 secondary victims.

• Our early involvement (on the day of the accident) and the rehabilitation programme that was put in place resulted in a highly co-operative approach between the various parties involved, leading ultimately to a ground-breaking deal on costs and several swift claim settlements

• Within 9 months of the accident we were able to agree a costs deal with the Claimant’s solicitors effectively capping all Claimants’ costs and disbursements

• External costs experts indicated that these costs, had they been calculated on a conventional hourly rate basis, would have been anywhere between 50%-70% higher

• With the claimant’s solicitor effectively working on a fixed fee, they were incentivised to settle claims quickly resulting in all cases settling pre-litigation

• We secured a 69% contribution from the insurers of the minibus

• Our regulatory team successfully defended the policyholder against the charges of Causing Death by Dangerous Driving and Causing Death by Careless Driving, securing a full acquittal

• This claim has been identified as a template for how future multi-party road accident claims should be handled

22

Our clients are faced with claims of all sizes and degrees of complexity. From high volume, low value claims, to the most complex and technically challenging cases, Clyde & Co’s award winning casualty teams deliver the highest quality legal support across the full claims spectrum.

VolumeOur systemisation team has devised an effective strategy for dealing with high-volume claims, and has the capacity to successfully handle large numbers of cases - often at short notice. This is delivered through the effective management of cases and the use of the latest bespoke software. Technology and the development of integrated digital systems are pivotal to delivering efficiency in the handling of low-value claims. As such, we have committed significant investment to this with the introduction of a new case management system. Our key objective is the early resolution of cases, with low total claim spend. We achieve this with the operation of a tightly defined process, devised for handling claims in an efficient and cost effective way, whilst ensuring that we maintain high service level standards.

Catastrophic injury & large lossOur catastrophic & large loss team is trusted by clients to handle the most complex, high-profile and sensitive claims. The team has vast experience handling the full range of catastrophic injury claims, with a particular specialty in cases involving brain injury, spinal cord damage and amputations. This, together with our well-established expert relationships, enables us to manage the specialised evidence and devise suitable strategies to resolve complex claims. Our team is recognised for its conciliatory approach and our passion for rehabilitation. This delivers faster cycle times, a reduction in third-party costs and ultimately reduced indemnity spend for our clients.

Comprehensive claims handling

3

Clyde & Co has a track record of success with regards to managing the reputational and financial risk connected with liability claims. These include employers’ liability (EL), public liability (PL), product liability and property liability claims, and their associated litigation.

Employers’ liabilityFor employers’ liability we act in relation to all types of work-related injuries, our expertise encompassing claims resulting from manual handling, falls from height, chemical exposures, adequacy of protective equipment, plant maintenance, workplace stress and bullying/harassment between colleagues.

One key differentiator in this area is the ability to draw on several areas of related expertise from within our firm including legacy claims, class actions, regulatory and employment.

Legacy & disease claimsOur Legacy team has market-leading technical experts who have been involved in some of the most far reaching test litigation to occur in this field over the last 20 years. Legacy claims are handled by a dedicated legacy claims team, that deals with all types of industrial disease cases including asbestos related illnesses, all forms of respiratory disease, hand/arm vibration syndrome, noise induced hearing loss, dermatitis, Legionnaires’ disease and stress claims.

Mistreatment & abuseThis growing area of law incorporates a broad range of legal expertise, including Human Rights, sex abuse, child-on-child abuse, trafficking and modern slavery. Our experience in this field is unrivalled and includes handling cases for insurers, public bodies and not-for-profit/charities, and we have successfully concluded multiple-claimant cases involving care homes, familial abuse and alleged social services failings. We also have expertise in the complex disclosure process often associated with these cases.

Public liabilityOur team is trusted by clients to provide claims management and advice regarding occupier liability, trespass, contactors’ liability and public works. Our clients include a number of local authorities, businesses and major insurers. The team also supports insureds in their EL and PL requirements and this includes a number of major, multinational corporates. The work of our liability counter-fraud team has helped clients identify and tackle fraud rings which have become disturbingly more frequent in the PL and EL sector.

Product liabilityWe have been involved in many of the largest and most high profile product liability cases in recent years. Our core expertise includes advising product liability insurers internationally; providing advice on claims involving defective products and product recall, and advising clients in regards to the standard exclusions and extensions to these policies, such as pollution, loss of goodwill and other financial loss; handling liability defence; and advising on subrogated recovery against the manufacturers of defective products, materials and components. We are also accustomed to dealing with the injury aspects of product liability claims; for example we represent a large US retailer in relation to personal injury claims relating to the sale of apparel, furniture and other consumer goods.

Property liabilityOur property liability team handles a wide range of claims from relatively straightforward property damage cases to highly complex construction and environmental cases. We have a particular strength in cases relating to fire and water damage, construction disputes and products claims. We use our technical knowledge to maximise recoveries, by identifying potential evidential issues that may arise and the likelihood of success. Subrogated recoveries are handled across all of our offices and are not limited to an isolated ‘subrogation unit’. All of our laywers have experience in recovery claims, given the frequent overlap between cases (subrogated recoveries often arise during liability defence cases), and the issues common to subrogation, property and liability defence and coverage claims.

Services for corporatesWe are regularly instructed directly by corporate clients, and nominated by our insurer clients to provide our services to their policyholders. We have developed Business+ to enhance this service. Business+ is a distinctive offering to strengthen our relationship with corporate clients to ensure a bespoke collaborative and efficient approach to managing their claims.

Liability claims

We offer a full range of legal services defending road traffic accident (RTA) claims ranging from outsourced, pre-litigation and non-personal injury claims through to complex multi-track, catastrophic personal injury cases. Our delegated authority service includes credit hire, volume, non-personal injury claims, pre-litigation personal injury, small claims and fast-track litigation and recoveries.

Our industry leading team has the scale and capability to manage large volumes of work, often at short notice.

Motor damage (including Credit Hire)Our credit hire team has the capacity and capability to accommodate sudden increases in claim volume. At one end of the spectrum we have the size to accommodate a client outsource of 12,000 credit hire claims over a 2-year period. At the other end of the spectrum we have acted in ground-breaking and high profile cases at the High Court.

We operate strategic litigation in this field which identifies claimant solicitor and credit hire company behaviours. We use the knowledge of critical hire times and hire rates in conjunction with our case management system to secure market leading results. Our systems guide fee earners on the average rate and period that their opponents will accept.

Motor recoveriesWe have a specialist team carrying out recovery work for the motor insurance industry. Their work includes contested liability actions, third-party recovery claims and enforcement proceedings.

Motoring prosecution defenceThe motor team also includes experts in criminal law who are instructed to protect policyholders facing criminal convictions, ranging from simple driving offences to death by dangerous driving. The department’s criminal defence capability has assisted in saving millions of pounds for insurers in recent years with success in criminal trials correlating to reductions in civil claims, for example a saving of over GBP 8 million in a death by dangerous driving acquittal linked to a 15-claimant personal injury claim.

Motor claims

4

5

Safety health & environmental regulatoryOur safety, health and environmental regulatory team (SHE Reg) is routinely instructed in some of the UK’s largest and most significant health and safety cases, such as the Buncefield Oil Explosion and the Potters Bar and Hatfield rail disasters. The team handle all aspects of associated law across England, Wales and Scotland, and has been recognised in leading directories as a Tier 1 firm. We specialise in the criminal defence of companies and individuals facing investigation and/or prosecution by regulators (ie Health & Safety Executive), the police, fire service and local authorities. These may include cases of corporate manslaughter, gross negligence manslaughter, health & safety, fire safety, environmental and road traffic, together with associated Coroners Inquests.

Inquests & fatal accident inquiriesIn response to a fatality in the workplace (in the course of health & safety, road traffic, care home and custody fatalities), there will usually be an inquest (England and Wales) or fatal accident inquiry (Scotland). We have significant experience in representing corporate insureds and individuals before these types of hearing, and will often conduct our own advocacy. In addition to assisting with the drafting and presentation of evidence to the inquests, we advise on technically complex and sensitive issues, including: disclosure to the coroner or procurator fiscal, LPP, responses to submissions of the families and all Interested Persons, media strategy and liaison with the Home Office or Scottish Government.

Counter fraudClyde & Co’s award-winning counter-fraud team is trusted by clients to ensure fraudulent claims are successfully challenged and repudiated. The team is skilled in all areas of fraud, from the detection and management of fraudulent claims, to advising clients on the best fraud prevention strategies. We advise on all aspects of suspected fraudulent activity, ranging from single policyholder fraud to complex and highly organised fraud rings. Our fraud expertise encompasses a number of work disciplines including fabricated or exaggerated claims, serial claimants, phantom passengers, induced/staged incidents, late notified claims, low velocity impact (LVI) claims and property (arson; theft & burglary; stolen vehicles etc).

First party insurance fraud is an increasing concern to insurers. Some of the common fraud issues we handle in this respect include pre-inception fraud (where the policyholder misrepresents or fails to disclose material information in order to induce insurers to incept cover at all, or on more favourable terms), claims for fictitious and exaggerated losses, or claims for deliberately caused losses.

Intelligence and insights The intelligence and insights team conducts valuable profiling and investigation work, to assist the collection of evidence and help with the accuracy of reserving. This may involve conducting business financial audits and employee checks, along with profiling of individual claimants and monitoring their social media usage for information that may support a client’s case. The team includes Claims Investigators, who are highly experienced with wide knowledge of both routine and more complex investigations. Our investigators are trained to investigate not just liability issues but to be on the lookout for other helpful pieces of evidence and witnesses.

AdvocacyWe have developed an advocacy unit headed by a former PI Counsel to provide advice and advocacy services. In Scotland we have the largest in-house advocacy unit with a number of fully qualified solicitor advocates. The unit facilitates a seamless service between solicitor and advocate, saving both time and money and often resulting in better results for our clients.

CostsOur costs team provides a comprehensive service in all costs related matters, from modest fixed costs to individual costs claims in excess of GBP 1 million. The costs team works closely with case handlers during the course of the litigation to devise costs savings strategies and provide in-house publications and training so that case handlers are best-equipped to limit costs exposure throughout the claims process. The team is adept at drafting pleadings, conducting advocacy at interlocutory applications, costs and case management hearings and detailed assessments. The team consists of solicitors, non-practising barristers and traditional costs draftsmen, including a solicitor who has sat as a High Court Costs assessor.

Cross border claimsOur casualty teams have extensive experience in handling claims with a foreign element (ie English/Scottish Claimants injured abroad or claims in the UK involving non-UK residents) and have the expertise necessary to tackle the challenging issues involved. Our ability to access the extensive network of international offices gives us an unrivalled edge, delivering results which combine casualty experience and local knowledge. As a result, we have handled claims involving jurisdictional and applicable law issues across all continents.

Areas of expertise

6

Digital transformation

Data accuracy Improved the quality of data capture with improved business efficiency through seamless connectivity with clients (for example successfully implementing E-Billing and XML technology platform)

Reduced cost Developed bespoke platform to accurately calculate and evaluate quantum with injury claims, in order to reach consensus quicker. This also automatically calculates offers and counter offers, whilst providing a real-time virtual negotiation facility, thus reducing legal costs and cycle times

Knowledge transferDeveloped client extranets and portal facilities with access to knowledge management, expert databases and online training packages, to ensure clients have all the legal support and knowledge they may need

We continue to invest in technologies that further improve settlement times, reduce handling costs, and make it easier for clients to remain informed and updated. These include:

Technology experts Invested in our people infrastructure, for example the appointment of a Business Transformation expert (whose focus is to optimise how we use our people, technology and infrastructure to drive efficiencies), along with data scientists

Deeper analysisDeveloped digital tools and artificial intelligence systems that provide the knowledge to enable informed case decisions for clients and front line lawyers

7

To improve the technical quality of our client’s handlers, and to ensure they remain well-informed of legal and market developments, we have developed a suite of value added services. These help clients to work more efficiently and effectively, and may include:

Value added services

Account reviews

Secondments

Case surgeries &

clinics

TrainingCII accredited training

programme, sector/subject specific training

Mentor programme

Seminars & conference programme

Industry insight &

intelligence reports

Product development

support

Expert database

portal

Legal updates &

alerts

Business +Suite of value added services for corporate

insureds

24/7 Crisis

response

8

Innovative approaches

Our innovative approach has brought significant benefits to our clients in the form of greater predictability in legal spend, being able to make more informed decisions and the enhancement of claims handling strategies through sharing thought leadership, insight and emerging best practice.

We have developed relationships with claimant firms to negotiate specific

claims handling protocols and framework agreements, in order to reduce cycle times

and indemnity spend for clients.

03 Costs protocols

Delivers valuable insight in relation to the claims settlement behaviours and trends of leading

claimant firms, enabling more effective counter strategies

to be developed.

05Opponent based strategyUsed to accurately predict

trial and litigation outcomes at the earliest possible stage on targeted projects, with the

objective of eliminating leakage and moving to a

“choice litigation” environment.

04 Litigation strategist

Provides a realistic settlement valuation, within the first 12

months of a claim, with a detailed view of how the claim would be valued in respect of catastrophic

cases.

01Early valuation service

Intelligent tool used in fraud cases that calculates the prospects of success, and highlights the impact of fraud efforts and where resources should

be focused (ie by handler, claims type etc) to maximise chances

of increasing prospects to achieve the best possible

outcomes.

02Sentinel (fraud management)

9

With 10 UK offices and over 40 partners, our focus on quality and geographical spread allows us to provide a truly UK wide offering, irrespective of the location of the claim or client. We have qualified lawyers working across the UK in London, Manchester, Guildford, Leeds, Newcastle, Oxford, Edinburgh, Glasgow, Aberdeen and Dundee. Our UK Casualty team is long-established and well-known for its technical excellence.

UK wide coverage

Aberdeen

Dundee

Glasgow Edinburgh

Newcastle

LeedsManchester

LondonGuildford

Oxford

In terms of volume and profile they have an incredible reputation in the space and are justifiably at the head of the field.Chambers & Partners

45Officesacross 6 continents

350+Partners, over 1,400 fee earners and 3,300 staff

www.clydeco.comClyde & Co LLP

CC010404 - August 2016

Clyde & Co LLP is a limited liability partnership registered in England and Wales. Authorised and regulated by the Solicitors Regulation Authority.

© Clyde & Co LLP 2016

Property

Employers’

Liability

Public

Product