OFFICIALS INDEMNITY OR PUBLIC LIABILITY?

How aware are you?

David Maggs and Laura Roper

CONTENT

• Officials Indemnity or Public Liability?

• Case Studies

• Top 10 Tips for Handling Officials Indemnity Claims

Officials Indemnity or Public Liability?

Homer Simpson (now aged 25) claims that the London Borough of Springfield failed to diagnose his dyslexia and treat it so that he is now only a Risk Manager for the Borough rather than the owner of the Springfield Power Plant. His claim is for loss of earnings.

Officials Indemnity or Public Liability?

The Environmental Health Officer for the London Borough of Springfield has advised Moe Syzslak that he needed to carry out substantial building works and alterations to Moe's Tavern to comply with food hygiene law. 90% of the work that was carried out was not necessary. Moe claims for his financial losses.

Officials Indemnity or Public Liability?

Abe Simpson claims that the London Borough of Springfield has failed to pay him residence allowance after Bart, Lisa and Maggie, his grandchildren, came to live with him 8 years ago. His claim is for the arrears of residence allowance.

Officials Indemnity or Public Liability?

Ned Flanders has a contract with the London Borough of Springfield to provide a minibus for transporting the old folks. Waylon Smithers, a driver employed by the Borough, fails to notice that the bus has run out of water. The engine overheats and is replaced by Ned at a cost of £2,000. He claims the cost of a new engine from the Borough.

Officials Indemnity or Public Liability?

Apu, the owner of Kwik-E-Mart, sues the London Borough of Springfield for his loss of trade after they alter the road outside his shop, which he rents from the Borough, to make it one-way. He claims for his loss of profit alleging breach of covenant of quiet enjoyment in his lease, breach of Human Rights and nuisance.

Officials Indemnity or Public Liability?

Principal Skinner sues the London Borough of Springfield alleging that because of the reference they provided he has been unable to get another teaching job since he left Springfield Elementary School.

Officials Indemnity or Public Liability?

Following a Freedom of Information Act enquiry into the number of child abuse claims that the London Borough of Springfield had between 1995 and 2005 the Borough inadvertently discloses that Kent Brockman was the subject of an internal enquiry following allegations of abuse against him when he worked as a residential care worker. Kent loses his job at the TV station as the news anchor man and sues for his financial losses.

Officials Indemnity or Public Liability?

Patty Bouvier claims that the London Borough of Springfield wrongly told her that Springfield High Street extended up to the edge of the property that she was buying. She claims to have lost money on her subsequent sale of the property when the mistake was discovered.

Officials Indemnity or Public Liability?

Ned and Maude Flanders have adopted Bart, Lisa and Maggie in a closed adoption. The birth parents, Homer and Marge Simpson, were violently opposed to their children being adopted and threatened to burn down the adoptive parents' house. The London Borough of Springfield operated letterbox contact between the children and their birth parents and have, by mistake, passed on Ned and Maude's address to Homer and Marge. Ned and Maude have moved out of their home into a hotel and are claiming for a new home in the more expensive London Borough of Las Vegas.

Officials Indemnity or Public Liability?

Lionel Hutz, the Assistant Director of Finance at the London Borough of Springfield, has been appointed to be a Director of Springfield Lido Limited, a joint venture company created by the London Borough of Springfield and Las Vegas Lidos Limited. The joint venture is to provide a water park for the benefit of the Borough. The water park is not popular and loses money. Rather than cease trading the water park continues to operate to provide an amenity for the citizens of Springfield. Springfield Lido Limited goes in to liquidation and the liquidator sues the directors, including Lionel Hutz, for wrongful trading.

CASE STUDIES

Top 10 Tips

1. Public Policy/Statutory Immunity2. Limitation3. Liaison with other departments4. Documentary evidence5. Witness evidence6. Expert evidence7. Causation8. Quantum9. Pt 36 Offer?10. COMMON SENSE

QUESTIONS?

David Maggs (020 7836 4931)Laura Roper (0115 976 6582)