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Compulsory mediation
Compulsory mediation has been introduced in the small claims process for cases filed from 22 May 2024 valued under £10,000. Starting with specified money claims, the government’s intention is to roll out compulsory mediation to all small claims issued under Part 7 of the Civil Procedure Rules, and damages cases, with no exemptions.
New edition of the Green Book in Northern Ireland
Five years after the publication of the last edition of the Green Book, the new sixth edition was published on 8 April 2024. This comes amidst a backdrop of increasing judicial awards over the last 18 months.
The new edition is a welcome development for insurers and compensators, as the guidelines restore a degree of certainty to the valuation of claims and should, hopefully, temper the expectations of some of the more ‘optimistic’ plaintiff practitioners.
It also brings structural and categorical changes. In some cases, rationalising categories where there were a multitude of overlapping sub-categories, and in others, sub-categories have been added to give much needed clarity.
Injuries Resolution Board: mediation in Ireland
On 8 May 2024 the Irish Injuries Resolution Board’s mediation service was extended for public liability along with employers’ liability personal injury claims. The introduction of a mediation service by the Injuries Resolution Board is a welcome and positive step forward for insurers. It encourages a focus on alternative, voluntary and early resolution to claims without necessarily having recourse to an adversarial litigation system. Mediation at the Injuries Board stage can reduce legal spend, the life cycle of the claim and therefore the overall cost of the claim for insurers.
It may also be a preferred option for dispute resolution where the parties wish to maintain confidentiality over the terms of any agreement as opposed to the open and public nature of the courts.
The fact that the mediation service by the Injuries Resolution Board comes at no extra cost makes this a cost-effective option for resolving claims where the parties wish to save both time and money.
A rise in retail discrimination claims
There has been a rise in the number of Equality Act 2010 (EA) claims made against retailers. Evidence demonstrating that the retailer has done everything they could be expected to do under the EA is key in defending such claims. It is good practice to have a clear equality policy and appropriate plans in place, coupled with regular training of staff on their obligations and responsibilities under the EA.
The obligation on retailers under the EA extends beyond staff and requires that they take steps to not discriminate against customers when they buy or receive goods either online or in store.
One of the challenges for retailers under the EA is understanding and making reasonable adjustments for disabled people who want to buy from them. Determining what is reasonable depends on a number of factors such as the size and nature of the business. Employers should provide training to staff to assist customers with impairments so they can access the goods they wish to purchase.
EU Platform Work Directive
In April 2024, new rules intended to improve the working conditions of ‘platform workers’ were approved by Members of the European Parliament. The directive provides that platform work “is performed by individuals through the digital infrastructure of digital labour platforms that provide a service to their customers.”
Adopted by the European Council on 14 October 2024, the directive introduces a rebuttable presumption of an employment relationship. It is a presumption triggered where control and direction are indicated and the burden of proof rests with the platform to establish that there is not an employment relationship.
The directive - which is to be signed by the European Council and European Parliament - will come into force once it has been published in the Official Journal of the European Union (OJEU). Member states are required to incorporate the directives’ provisions into national legislation within two years of its publication in the OJEU.
Corporate accountability across the supply chain
The EU’s landmark Corporate Sustainability Due Diligence Directive came into force on 25 July 2024. It imposes extensive mandatory obligations on large EU and non-EU companies (1000+ employees and a turnover of at least €450 million) to prevent human rights abuses and environmental harms across their supply chains. Companies with longer and complex supply chains will need to undertake comprehensive due diligence measures and implement robust risk management frameworks to ensure compliance with the Directive.
Whilst the UK’s Modern Slavery Act 2015 provides for a degree of transparency in corporate activity through the provision of a slavery and human trafficking statement each financial year, the efficacy of its provisions relating to supply chains has been called into question. This issue is currently being considered by the House of Lords Committee, which published a call for written evidence for its inquiry into the impact and effectiveness of the Act.
We have also discussed this topic in the Product liability section.
Gender bias in PPE
Calls for personal protective equipment (PPE) to be designed for female workers are long standing, and the Health and Safety Executive (HSE) as the workplace regulator has recently acknowledged ill-fitting PPE as an issue.
To ensure compliance, duty holders may have to seek out a range of alternative suppliers or change their procurement practices to ensure a wider selection of suitably inclusive equipment. This means avoiding suppliers who do not provide a range of sizes and seeking to ensure their suppliers have properly assessed the appropriateness of their equipment for everyone.
Manufacturers and suppliers must also play their part in providing a full range of PPE for men and women at a similar cost.
We have also identified PPE as a key update in the Crime & regulatory and Healthcare sections.
Equalities watchdog consultation on new guidance on sexual harassment
On 9 July 2024 the Equality and Human Rights Commission published a consultation on ‘technical guidance on sexual harassment and harassment at work’. This follows a change to the law in the Worker Protection (Amendment of Equality Act 2010) Act 2023 which introduces a duty on employers to take reasonable steps to prevent sexual harassment of their employees in the workplace. This Act will come into force on 26 October 2024.
This potentially creates a backdrop to expand some of the limits of an employer’s primary liability exposure at a time when the vicarious responsibility for the acts of others are more clearly defined. Forward thinking claimant injury firms may seek to use the express duty of care to build or bolster a civil employers’ liability claim.
Developments regarding the UK Damages Claims Portal (DCP)
In July 2024, the Ministry of Justice rolled-out additional ‘case progression’ functions to all remaining county courts that have not been part of the 16 early adopter testing programme. These functions are:
- Evidence upload
- Fee payment and sanctions for non-payment
- General applications
- Trial readiness confirmation
- Digital case file view
- Automatic generation of trial bundles by HMCTS
- Orders and hearing notices
The primary objective of the DCP is to reduce the burden on courts, minimise delays, and provide a more user-friendly experience for claimants and defendants alike. The portal is designed to handle a wide range of civil claims, including personal injury, breach of contract, and property damage, offering a streamlined and accessible route to justice.
New government bills
- The Crime and Policing Bill
- The Draft Equality (Race and Disability) Bill
Public sector
United Kingdom