In this session we covered:
case presentation & preparation;
duty of care;
contributory negligence; and
quantum

Speaker biographies:
Laura McMillan
Laura is a multi-disciplinary lawyer with a wealth of experience across a number of fields covering personal injury claims defence, health & safety and insurance (including subrogated recoveries and indemnity disputes).
As a Solicitor Advocate, she regularly represents clients in the Court of Session (Scotland's highest civil court) and Sheriff Courts across Scotland. Her broad experience enables her to give proactive advice and training to businesses and organisations on reducing the risk of incidents happening in the first place. When incidents do arise, she is able to provide comprehensive support on risk and reputation management, as well as developing strategies to minimise the business impact. She has worked with many insurance providers and, along with her team, is skilled at adhering to robust service level agreements, delivering on objectives and producing comprehensive management information.

Ellen Andrew
Ellen joined the Insurance & Risk team upon qualification in August 2019. During her traineeship she gained experience in various litigation areas such as personal injury, medical negligence, professional negligence, employer’s liability, public liability, road traffic accidents, catastrophic injury and fatal accidents both in the Sheriff Courts and the Court of Session.
She now has a specific focus on defender work and has varying caseloads in both the Sheriff Courts and Court of Session. The clients she represents vary from public bodies to insurer clients and self-insured business. Ellen also assists her team with their high value and complex caseloads on a daily basis.

Chapters
0:00 Introduction
0:43 Admissions of liability
10:13 Principle of early disclosure
14:46 Entitlement to pre-accident medical history
20:12 Employer's common law duty of care
24:47 As informed by Health & Safety legislation
29:47 Vicarious liability
34:55 More than one wrongdoer
40:49 Contributory negligence
52:00 Quantum
56:35 Q&A

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