Q&A with Chris Green Food & drink - In this issue - Keoghs

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Q&A with Chris Green Food & drink - In this issue - Keoghs
bWinter 19-20

In this issue...

                                 Q&A with
Hand and finger
                                 Chris Green
prosthetics:                     Page 4
from form to function   Page 6

                                  Food &
                                  drink
Mind your step                    Case success
Page 8
                                  Page 10
Q&A with Chris Green Food & drink - In this issue - Keoghs
Welcome
About Keoghs
Keoghs is a top 50 law firm based in ten locations across the UK, solely
focussed on insurance.

With a thorough understanding of insurance claims processes, we offer a
cost-effective, flexible and high quality service for handling the a-z of insurance;
from personal injury claims including motor, casualty and complex injury to
non-injury claims such as policy advice, recoveries and insurance disputes.

Boasting vast experience across a broad and eclectic mix of industry sectors,
local authorities and businesses, we handle claims ranging from low value to
complex on both a delegated and non-delegated basis.

                                                                                                                                         4                               6
Our award winning teams include acknowledged experts who have been
involved in some of the most significant developments in their respective fields.
                                                                                        Welcome to the
This enables us to bring a rare depth of understanding and expertise to every           latest edition of our
aspect we handle.

We work in partnership with our clients, helping them to anticipate, navigate
                                                                                        Food and Drink
and adapt to industry change, maximising opportunities whilst minimising risks.         sector newsletter,
We are forward-thinking and pioneer new solutions.

That’s the Keoghs difference.
                                                                                        Food for Thought.
For further information on all of our services please visit our website,                In this edition, we’re talking to Chris Green
                                                                                        (Partner: Crime & Regulatory) to find out
keoghs.co.uk                                                                            more about him and his team. We’ll be
                                                                                        asking all about what a typical day looks
                                                                                        like, and what makes the team tick.

                                                                                        Even when we make all the right provisions
                                                                                        to create a safe and happy working
                                                                                        environment, serious and life-changing                                                       3

                                                                                                                                         8                     10
                                                                                        accidents can still happen. With that in
                                                                                        mind, we’ve put together an article
                                                                                        covering the advances in prosthetics.

                                                                                        Next, we will be reviewing a recent case for
                                                                                        a major food & drink client, where the
                                                                                        allegations didn’t quite ring true and
                                                                                        showing how early investigation, key
                                                                                        document retention and a keeping a note
                                                                                        of witness contact information all play a
                                                                                        vital part in case defensibility.

                                                                                        We’ve also got an update for you on the
                                                                                        recent events we’ve attended. Plus, keep

About the team                                                                          your eyes peeled for our picture of Ivor
                                                                                        sporting his new look!
We handle claims from a wide selection of food and drink businesses that can
be largely split into two categories – manufacturing (e.g. breweries, dairies,          Last, but by no means least, I’d like to say a
production facilities) and consumer facing (e.g. restaurants, fast food providers,      big thank you to Julie Smith and the
                                                                                                                                              Contents

                                                                                                                                         11
catering service providers). We also handle claims from ingredients producers,          BidCorp team for our invitation to their
pet food manufacturers and food distribution/storage providers – the latter             charity golf and dinner event at Woburn.
working in conjunction with our motor claims team who provide expertise in              The event was a pleasure to participate in            4   Q&A with Chris Green
transport and logistics.                                                                and I was also personally delighted to be
                                                                                        nominated by Julie and the team for their             6   Hand and finger prosthetics
                                                                                        New Account Manager of the Year Award!
                                                                                                                                              8   Mind your step
For further information about our services, please contact any member of our            So, why not grab ten minutes, pop the
dedicated food & drink team or:                                                                                                               10 Food & drink case study
                                                                                        kettle on and digest our latest selection of
                                                                                        sector insight?                                       11 Whiplash reforms

                                                                                                                                              12 Client risk workshops - allergens
John McKie                                                                              John McKie
Partner, Practice Lead                                                                  Food & Drink Practice Lead                            13 Corporate risk conference
T: 0151 921 7216
E: jmckie@keoghs.co.uk                                                                                                                        14 Just for fun - word jumble
Q&A with Chris Green Food & drink - In this issue - Keoghs
How long have you been                             What are the values that                         Finally, what’s your
                                                                                           with Keoghs?                                       drive you?                                       favourite food and/or

    Q&A     with
                                                                                           Still in my first year here and liking every       I remember the first Environmental Law           drink?
                                                                                           minute so far!                                     Partner I worked with as a newly qualified       The team would probably say any type of
                                                                                                                                              lawyer saying that we went out of our way        black coffee, from the amount of it I drink,
                                                                                           Can you tell us a bit more                         to look after our clients and being told to      but my own preference whenever I can is
                                                                                           about your team?                                   “love your clients to bits”. I must confess
                                                                                                                                              that I might have been more from the “live
                                                                                                                                                                                               for a bottle of “Bitter Blue” which is usually
                                                                                                                                                                                               while I am relaxing out of work. With two
                                                                                           I am one of six partners in a national team        to work” school of thought than “work to

    Partner
                                                                                                                                                                                               teenage daughters telling me to save the
                                                                                           of 20 specialist regulatory lawyers, spread        live.” The firm has just published our           planet and go vegan I may have to make
                                                                                           across our offices in the North Midlands           collective values and working hard while         the most of my Beef Wellington while I still
                                                                                           and South. What’s really beneficial                being approachable and down to earth             can!

    Chris Green
                                                                                           day-to-day is knowing that these cases are         really struck a chord with me both
                                                                                           all we do and that there is genuine                personally and professionally. Being
                                                                                           experience at all levels in all of the different                                                    Chris Green
                                                                                                                                              involved in building specialist regulatory       Partner
                                                                                           work types that our clients may want our           teams and watching them grow, with the           E: cbgreen@keoghs.co.uk
                                                                                           help with. We really do have the capacity          junior lawyers developing and learning
                                                                                           and strength in depth within the Crime             their craft, still really drives me to come to
    Since 1995 Chris has defended and prosecuted food, health & safety, and                and Regulatory team to respond quickly to          work every day. To guide our clients to
    environment cases and specialised exclusively in regulatory prosecutions. Chris sits   whatever type of incident may get called in        manage their way through some of the
    on the IOSH Food and Drink Industries Group Committee and acts for large food          at short notice.                                   most key business critical events and on
    manufacturers and FBO retail chains. He is retained by large pub operators and
                                                                                                                                              some of the worst days that they may ever
    suppliers. Recent cases include three separate new strands of salmonella food
    poisoning outbreaks where no prosecution was brought, successful appeal of a
                                                                                           What does a typical day in                         have to face in a career, is a real privilege.
    zero star food hygiene rating and advising a client in relation to the supply of an    the office look like?
    unlabelled allergen containing product which resulted in a customer suffering          A lot of the time we are out helping clients       What’s your favourite
    anaphylactic shock.                                                                    and working in court, police stations, client      thing about what you do?
                                                                                           premises, public speaking at events and            We do unfortunately see a lot more
                                                                                           delivering seminars and training in the            individuals being prosecuted personally
                                                                                           boardroom so we can sometimes spend                these days and the best calls I make are
4                                                                                          quite a few days at a time out of the office       the ones where I get to ring the client and                                                       5
                                                                                           or on the road. Given the nature of what           tell them that the proceedings against
                                                                                           we do, we have to be available for new             them are being dropped. We never forget
                                                                                           incidents, so it can mean a bit of                 that many of our cases arise after
                                                                                           unexpected scheduling at short notice. So          someone may have died or been seriously
                                                                                           to get a day or two to catch up on                 injured but it is nice to be able to tell
                                                                                           paperwork and to check up on progress              companies or Directors personally that the
                                                                                           with others in the region (we have five            case has reached an end and they can
                                                                                           working out of the Midlands) is great. We          begin to move back to normality. On a
                                                                                           do like to be agile and allow our lawyers          personal level to get on with your team
                                                                                           flexibility as there are a lot of tasks that       and really like them, and working alongside
                                                                                           can’t be scheduled at rigidly fixed times.         them, is another really enjoyable and
                                                                                           Our IT and working electronically does             important part of why I have been doing
                                                                                           permit much of our work to be completed            this now for over 25 years!
                                                                                           from out of the office and we are all really
                                                                                           keen to help everyone strike a bit of a
                                                                                           balance.
Q&A with Chris Green Food & drink - In this issue - Keoghs
There are a number of designs in the              bespoke to the individual, with the length          they will cost up, take measurements and a
                                                                market place at the moment, all of                being such that it would match where the            cast, and send that off to the US for the
                                                                which will have pros and cons for a               tip of the original finger would be. The            device to be produced. It is a bespoke
                                                                particular user:                                  product itself has a three year life cycle. It is   device and is usually turned around in
                                                                                                                  resistant to all chemicals and water and it         about eight weeks. Replacement parts,

    Hand and Finger
                                                                                                                  can be cleaned without any specialist               should they be needed, can then be
                                                                   M-finger
                                                                   liberatingtech.com/products/hands/M-Fingers
                                                                                                                  equipment. It is heat resistant and can             created from that original cast, to save
                                                                   _-_Partial_M-Fingers_for_Partial_Hands.asp     realistically be used in any environment.           repeat casts being taken.

                                                                   X-finger                                       MCP Driver                                          Outcome measures are critical in analysing

    Prosthetics -
                                                                   x-finger.com/x-finger-models.html
                                                                                                                                                                      what prosthetic intervention is available.
                                                                                                                  This is where the amputation is just above
                                                                   Point Designs                                                                                      The prosthetist/occupational therapist will
                                                                   pointdesignsllc.com                            the MCP joint (the knuckle nearest the
                                                                                                                                                                      look at what stumps are left and what
                                                                                                                  hand), where there is some residual stump
                                                                                                                                                                      movement/function remains. What can
                                                                                                                  remaining. The movement is amplified
                                                                                                                                                                      the patient do and what might they be able
                                                                                                                  through the mechanics of the prosthetic
                                                                                                                                                                      to do with a suitable prosthetic. The
                                                                                                                  finger and once again the ratio of
                                                                                                                                                                      specialists will need to look at the

    from Form to Function
                                                                                                                  movement is measured and bespoke to
                                                                A new product to the UK comes in the                                                                  appropriate goals to enable the patient to
                                                                                                                  the individual. It is a full length finger
                                                                form of bespoke made, active prosthetics                                                              optimise their own outcome?
                                                                                                                  prosthetic which is attached over the
                                                                from Naked Prosthetics - https://www.
                                                                                                                  stump, almost like fitting into a glove, and        Costs
                                                                npdevices.com/. The devices can be
                                                                                                                  is connected to a support across the back
                                                                exclusively obtained in the UK via PACE
                                                                                                                  of the hand. The support plate is secured
                                                                Rehabilitation. All of the devices are
    Even when we take every precaution to ensure our                                                              in place with a simple Velcro design.
                                                                custom made. There is a fixed ratio of
    workers are safe when doing their job and receive all                                                         Weight through the digits is distributed
                                                                movements on the prosthetic between
    the correct training and follow the right procedures,       what is left of the finger(s)/thumb and
                                                                                                                  across the back of the hand evenly.                   Single PIP with one year warranty
                                                                                                                  Generally speaking, it’s about one third
    life-changing accidents can still happen. A slip or trip
    with a sharp knife, a distraction whilst slicing meat, or
                                                                what is in the prosthetic. It is developed for
                                                                                                                  weaker than a normal hand but is still more                         £5,500
                                                                strength where it is needed for
    carelessness in the food packaging line could all lead                                                        than strong enough and functional
                                                                functionality and to create digits that move
    to irreparable damage or loss of digits.                                                                      enough for most activities of daily living.
                                                                naturally through a wide range of                                                                       4 MCP fingers and a thumb driver
    The hand is often taken for granted, but when we look       movement. It’s best considered as a               This product comes with a five year life               with 5 year warranty is around
6                                                                                                                                                                                                                      7
    closely at the intricacies of finger movements, fine        functional tool rather than a cosmetic
                                                                device. The appearance will not be for
                                                                                                                  cycle. All items, including components and
                                                                                                                  individual fingers, are modular by design.
                                                                                                                                                                                     £31,000
    motor control and how everything works in unison, it
    is easy to appreciate just how complex hand and             everyone, but experience has shown that           Should any part break, it can easily be
    finger movements are. A 40% impairment of the               attitudes towards appearance have                 replaced by the patient themselves.
    thumb equates to 16% impairment of the hand. This           changed. Function is being preferred by           Maintenance is very straightforward; the
    equates to 14% impairment of the upper extremity            some, over cosmetic appearance.                   joint component is kept tight with a small
    which is 8% of the whole person - all from just a 40%                                                         Allen key and cleaned in the usual way.
                                                                The range of movement does not extend                                                                 Continual maintenance costs are likely to
    disability to the thumb. More digit injuries increase                                                         Failures are rare, but replacement parts
                                                                from a completely open palm to a                                                                      be approximately £300 per year for each
    the level of disability to the hand, the upper extremity                                                      can be shipped quickly.
                                                                completely closed fist. This would weaken                                                             device, for items such as fingertip pads,
    and the person as a whole.                                  the structural integrity of the device and so                                                         replacement screws, Velcro straps etc.
                                                                                                                  Thumb driver
    Claims for such injuries tend to arise from industrial      the device extends from being able to                                                                 Of course, we will get a better feel for this
                                                                                                                  This works in a very similar way to the MCP,
    accidents where individuals rely on their hands to          make a large “C” with the hand to being                                                               with time.
                                                                                                                  but drives off two joints. There is
    complete most, if not all, tasks at work. Taking that       able to hold tightly around the width of a
                                                                                                                  a function to allow bend and rotation               Naked Prosthetics are establishing a
    away from someone has a profound psychological              hammer’s handle. The shorter that range
                                                                                                                  to give a much more natural feel to                 formal UK distributor, which is likely to be
    effect and cosmetic prosthetics just aren’t good            of movement, the greater the strength and
                                                                                                                  the prosthetic. It can follow the multi-axial       announced shortly. The UK company are
    enough to return any function.                              rigidity there is in the product. On a day to
                                                                                                                  movement of the thumb and                           an established distributor of prosthetics in
                                                                day basis, most of us do not need a
    In recent years there has been a small explosion in                                                           it can create opposition to the fingers,            the UK. This will add support within the
                                                                completely open palm, or a completely
    devices, both active and passive. Passive devices are                                                         to help with increasing grip strength.              UK, allowing for technical assistance,
                                                                closed fist, unless of course you want to
    useful, but not where you want to be able to find                                                             There is even the ability to tighten or             after sales support and availability of
                                                                slap or punch someone!
    practical solutions to problems and return individuals                                                        loosen a small screw at the fingertip to fine       replacement items at the time of
    to a state where their bilateral hand dexterity is          There are three products to the NP range          tune the tip of the thumb, to grip at               continual maintenance.
    functional at work and in daily life.                       and the choice depends on where the               different dexterities.
                                                                                                                                                                      At the time of going to print, the first UK
                                                                amputation is.
                                                                                                                  PACE are currently the only provider of             fitting/supply of a Naked Prosthetics
                                                                                                                  these devices in the UK. Should a patient           device had just happened at the PACE
                                                                PIP driver
                                                                                                                  be referred, full assessment of functional          facility in Bredbury, Stockport. We
                                                                This is used where the patient is
                                                                                                                  impairment is measured by specialist                understand it was a very successful and
                                                                amputated above the PIP joint (the second
                                                                                                                  prosthetists and occupational therapists,           emotional fitting!
                                                                knuckle down on each finger). It is
                                                                                                                  looking at grasp/grip patterns and what
                                                                essentially a finger-tip extension. Think of it
                                                                                                                  can and cannot be done without a device.
                                                                as a more dextrous and natural thimble on
                                                                                                                  If the digits are viable, then they look at
                                                                the end of a stump, as it were. It is
                                                                                                                  what function can be gained by adding the                                Stuart Giddings
                                                                comfortable, lightweight, very natural to                                                                                  Partner
                                                                                                                  “dummy” prosthetic. If they can proceed,
                                                                use and intuitive. The ratio of movement is                                                                                E: sgiddings@keoghs.co.uk
Q&A with Chris Green Food & drink - In this issue - Keoghs
Is a warning sign required?                    ensuring the difference in levels had been
                                                                                                                                                    appropriately identified (together with the
                                                                                                     The first step in determining the effect a     signage); that there was no reasonable
                                                                                                     warning sign has on public liability claims    foreseeability of harm to visitors. There
                                                                                                     is to determine whether a warning sign is      was no further recommendation by the
                                                                                                     required at all. If a warning sign is not      court, despite the claimant suggesting the
                                                                                                     required, then its presence (or absence)       step should have been highlighted with
                                                                                                     does not affect liability. Whether or not a    black and yellow hazard tape. It was found
                                                                                                     warning sign is required is governed by a      that the claimant would not have seen it in
                                                                                                     legal principle called ‘negligence’. It was    any event, given the lack of concentration
                                                                                                     established quite early on in this case that   towards the warning signs themselves.
                                                                                                     the warning sign(s) were required and
                                                                                                     quite rightly the defendent had already

                Mind
                                                                                                     exercised that duty by placing a number
                                                                                                                                                    Is there any expectation
                                                                                                     of signs in the area on approach to the        on the visitor?
                                                                                                     toilet, including the door itself. The         Well, yes, in this case there was. The
                                                                                                     effectiveness of those signs were              claimant made comments regarding the
                                                                                                     questioned by the claimant. It was alleged     direction he was looking when he
                                                                                                     that the defendent failed to adequately put    approached the door/step, and also

                 Your
                                                                                                     the claimant on notice of the step by          appeared confused by his surroundings
                                                                                                     placing the sign on a wall which could not     after failing to pay attention to the area.
                                                                                                     be clearly read or seen.                       The claimant said he was looking straight
                                                                                                                                                    ahead when he fell off the step rather than
                                                                                                     Is a warning sign enough                       looking down. This was despite the main
                                                                                                     to discharge the                               sign reading ‘Mind Your Step’ with an
                                                                                                                                                    arrow pointing to the step. This was
                                                                                                     Occupier’s Liability?                          painted on a white wall in black paint, next

                   Step
                                                                                                     Occupiers can discharge their common           to the door leading to the facilities. As a
                                                                                                     duty of care by properly warning visitors of   further precaution there was an additional
                                                                                                     potential dangers. The court will generally    sign painted on the leading door directly
                                                                                                     assess whether it was reasonable in the        as this was opened; it really was
8                                                                                                    circumstances to provide a warning and         impossible to miss these! The risk                9
                                                                                                     whether the warning enabled the visitor to     assessment was clear – a hazard had been
                                                                                                     be safe. The regulations simply state that     correctly identified and appropriate
                                                                                                     the occupier has to do what is reasonable      measures were taken to make visitors
                                                                                                     and practicable to warn visitors that there    aware of it.
                                                                                                     is a hazard and quite often a sign isn’t
    We’re all aware of the duty imposed on our clients under the Occupier’s Liability Act 1957       enough. In this particular case the court      The ultimate importance of displaying
    to take such care to see that a visitor to their premises will be reasonably safe using the      was satisfied that the warning signage was     warning signs of any impending risk or
    premises for the purpose in which they are invited or permitted to be there.                     more than adequate. The defendant had          hazard is to prevent injury and ensure that
                                                                                                     properly discharged their common duty of       staff and visitors are well aware of the
    This duty extends to making sure the premises is safe from slip, trip and falling hazards.
                                                                                                     care by providing warning signs in multiple    possible dangers ahead in certain situations
    This could include a change in level or flooring which could become slippery when wet, or
                                                                                                     locations on approach to the toilet. The       and environments. Signage is an important
    by its very nature present a trip hazard.
                                                                                                     court found that the claimant was not          part of keeping visitors reasonably safe but
    What constitutes making visitors aware? It is relatively common for visitors to be unaware       paying attention to his surroundings and       it should never be assumed by an occupier
    of the potential risks they face when visiting a new premises. Our clients have a                simply didn’t see them.                        that it is enough to discharge their liability.
    responsibility to eliminate or, at the very least, minimise the number of hazards. Recently, I                                                  Risk assessments should be thorough and
                                                                                                                                                    clear, identifying hazards and take
    successfully defended such a matter. There was nothing unusual about this case. In fact it
    was a standard fall down a single step; claims we see pursued by claimants all the time. He
                                                                                                     Assessing the risk.                            precautionary measures to reduce any risk.
    had come onto the premises as a lawful visitor when he needed to use the toilet facilities.      We know risk assessments are an
    He made his way to the toilet and upon doing so, he opened the door to the toilets and fell      important part of any business and in
    down a step, sustaining a number of soft tissue type injuries. It was his pleaded case that      cases like this they can be make or break.
    he was unaware of the impending step due to lack of adequate or effective warning of the         Counsel for the claimant strongly argued
    presence of the difference in levels. He alleged under the Occupiers Liability Act 1957 that     that the risk assessment had not been
    breach of duty had been broken.                                                                  adequate and that had a better risk
                                                                                                     assessment been carried out, further
                                                                                                     precautions would have been put in place.
                                                                                                                                                    Stephanie Edwards
                                                                                                                                                    Litigation Specialist
                                                                                                     The risk assessment had noted that there       E: sedwards@keoghs.co.uk
                                                                                                     was a change in level going into the toilet,
                                                                                                     however there was a clear contrast
                                                                                                     between the carpeted step, a wooden
                                                                                                     threshold and the white tiles as you
                                                                                                     stepped down into the toilet area. The
                                                                                                     court therefore determined that the client
                                                                                                     had correctly measured the risk by
Q&A with Chris Green Food & drink - In this issue - Keoghs
Food & Drink                                                                                                              General Election
     Case Success                                                                                                              2019:
                                                                                                                               How will restrictions on government communication
                                                                                                                                                                                   Purdah and its impact
                                                                                                                                                                                                   No man’s land…?
                                                                                                                               affect whiplash reform?                                             bWill all claims for post-implementation accidents that fall
                                                                                                                               With the country set to take to the polls for the third time in      outside the new portal but fall within “a” SCT limit (whether
                                                                                                                               under 5 years, the uncertainty surrounding the UK’s                  the existing limit for minors/protected parties, or new limit
                                                                                                                               government and its relationship with the EU is set to                for vulnerable road users) fall outside either portal?

                                 + + =
                                                                                                                               continue for at least the short term.
                                                                                                                                                                                                   Vulnerable road users (VRUs)
                                                                                                                               And with the government (separate in this case to the
                                                                                                                                                                                                   bWill claims from VRUs fall into the existing portal, even
                                                                                                                               Conservative Party) bound by law to restrict its
                                                                                                                                                                                                    though such claims will be subject to the new SCT limit?
                                                                                                                               communication as a result of “Purdah” controls – restrictions
                                                                                                                               on government announcements of political significance
                                                                                                                                                                                                    Ministers, during the Act’s passage through Parliament,
                                                                                                                               during the pre-election period - this uncertainty is sure to
                                                                                                                                                                                                    stated that VRUs will be excluded from the reforms
                                                                                                                               spread to the progress of whiplash reforms as well.
                                                                                                                                                                                                    entirely (i.e. from both the tariff and the SCT limit).
                                                                                                                               With these types of reform, industry asks for two things:
     Early investigation, key document retention and ensuring     the area where the accident occurred and other key           stability and communication. Unfortunately, it now appears           However, the Act only excludes VRUs from the tariff.
10   witness contact information is noted are just some of the    documents retained.                                          that whiplash reform will have neither. At a key time in the         The exclusion from the SCT limit can only be implemented        11
     steps that assist with case defensibility. An open                                                                        process of whiplash reform implementation, the Ministry of           through the Rules, which the MoJ previously stated
                                                                  Once Keoghs were instructed, steps were taken to
     Facebook page is always an added bonus!                                                                                   Justice and its delivery partner the Motor Insurance Bureau          would be published in January 2020. There is, therefore,
                                                                  strengthen the evidence of the key witness. The witness
                                                                                                                               have both confirmed that purdah means they can’t send out            nothing concrete to bind the MoJ to exclude VRUs from
     In a recent case success for a major F&B client, we          had long left her employment, but efforts were made
                                                                                                                               communication on the progress of the reforms.                        a SCT limit increase.
     secured a discontinuance shortly before trial on a claim     to locate her and encourage her to assist in defending
     where the allegations didn’t quite ring true, reducing a     this claim.                                                  The concern is that we’re at a point now where
                                                                                                                                                                                                    At recent industry events, MOJ indicated that the SCT limit
     potential reserve of £27,000.                                                                                             communication is vital. It is not simply a question of
                                                                  Intelligence was carried out and Facebook entries                                                                                 increase would apply to all Road Traffic Accident claims
                                                                                                                               integrating with the new portal once it is launched. Claims
     The claimant made a public liability claim against her       captured showing the claimant posing for selfies just                                                                             except minors and protected parties. Given the silence on
                                                                                                                               will need to be channelled via the correct route to the
     employer, a public house, in respect of an accident that     weeks after her accident, when her shoulder injury                                                                                VRUs, the specific question was asked about whether or
                                                                                                                               relevant team(s) in order to ensure smooth and effective
     was alleged to have occurred the day she was dismissed       should have prevented her from doing this.                                                                                        not VRUs would be exempt from the increase. The MOJ
                                                                                                                               claims handling.
     from her employment. She pleaded she had been                                                                                                                                                  confirmed that the SCT limit increase would apply to VRUs
                                                                  In depth enquiries were made to establish the cause of
     dismissed for ‘performance issues’.                                                                                       Clarity is also required on which claims will follow which           because it would apply to all claimants except minors and
                                                                  the claimant’s dismissal which had been pleaded as
                                                                                                                               route, whether claims that fall outside the new portal will fall     protected parties.
     The accident was said to have occurred when the              ‘performance issues’. It was established the dismissal was
                                                                                                                               into the existing portal - or outside the portals completely -
     employer had knowingly left items on the floor, which        as a result of allegations of falsifying health and safety
                                                                                                                               and whether the existing portal will be modified to                  Clarification is required from the MoJ on this point and we
     were a tripping hazard, causing her to be knocked            records and making fraudulent petty cash claims.
                                                                                                                               accommodate them. For example:                                       have emailed them for a response.
     unconscious suffering a shoulder and knee injury. It was     Various documents evidencing the same were able to
     also alleged the light in the area was not working, adding   be disclosed to discredit the case, ultimately leading to    Minors/protected parties                                            Conclusion
     to the danger of the tripping hazard.                        the discontinuance.
                                                                                                                               bWill claims from minors and protected parties fall into the        Until that clarity is provided, compensators and their
     A witness statement and photographs were taken shortly       A great result!                                               existing portal, even if they may potentially – on tariff – fall   suppliers – and indeed claimant representatives - cannot
     after the accident, confirming the light was working 30                                                                    below the current SCT limit?                                       undertake the relevant operational planning and structural
     minutes prior and there was no evidence of the tripping                                                                                                                                       changes that will be required to put the genuinely injured
     hazard alleged. The witness recorded some suspicions                                                                      The Existing Portal                                                 claimant at the heart of the process, whilst ensuring
     about the mechanics of the accident and the way in                                                                        bWill the rules be amended to enable the existing portal to         operational efficiency in claims handling.
     which the claimant and her sister, who was a witness to                                                                    accommodate claims that fall within the SCT limit, and             That will take time – and unless all sides of the industry
     the accident, were acting. This was followed up by a                                                                       which currently fall outside the portal? or                        receive the necessary clarifications and certainty
     more in-depth investigation by the in-house risk manager
     a few months later with official statements, risk
                                                                  Jenny Woods                                                  bWill the existing portal be modified to accommodate                immediately then they simply cannot be expected to be
                                                                  Associate                                                     different SCT limits, different bases for quantification           ready for an April 2020 deployment.
     assessments, photographs containing measurements of          E: jennywoods@keoghs.co.uk
                                                                                                                                of damages or different provisions for recoverability
                                                                                                                                of legal costs?
Q&A with Chris Green Food & drink - In this issue - Keoghs
Client Risk Workshops - Allergens
     A recent client risk workshop, hosted by Willis Towers Watson and Keoghs, brought up some interesting
     discussion points with our own Ivor Long speaking at the event.
                                                                                                                                                Corporate Risk Conference
     One of the key topics discussed, was five ways to reduce your risk profile and get ahead of the curve              Ivor Long               The Corporate Risks team held a very          including Keoghs Retail Partner Kari Hansen
                                                                                                                        Partner                 successful conference on 17 September in      and guests Chris Bond from M&S and Karen
                                                                                                                        E: ilong@keoghs.co.uk   London, covering all areas of claims          Webber from New Look. Keoghs Partner
                                                                                                                                                defensibility. Partner and Head of Food and   and Director of Public and Market Affairs,
                                                                                                                                                Drink, John McKie, gave an overview of        Samantha Ramen discussed legal reforms
                                                                                                                                                trends and claims behaviour whilst Food       on the horizon whilst Keoghs Associate
                                                                                                                                                and Drink Partner, Ivor Long, along with      Amanda Johnston and Jeff Wynne from The
                                                                                                                                                Associate Vickie Forsyth and guest speaker,   Building Repair Network rounded things off
          1. Prepare for Natasha’s Law now                                       3. Start asking customers if they                              Dr Slim Dinsdale, provided an update on       with a look at property damage recoveries.

          New legislation will require full allergen warnings on all             have allergies                                                 food illness claims.
                                                                                                                                                                                              Thanks to the speakers for creating a
          packaging, including pre-prepared food. Start doing                    Some leading restaurant chains are doing this already.         The event also provided delegates with an     fantastic event, along with all our attendees
          this now and you’ll future-proof your compliance and                   It will demonstrate that you’re doing everything you           extremely useful panel debate on              who ensured there wasn’t a spare seat in
          be seen as a trustworthy, responsible food business.                   can to prevent food allergy incidents.                         unrepresented claimants, chaired by Keoghs    the house.
                                                                                                                                                Casualty Claims Manager, Luci Horton, and
          2. Review your ingredients and                                         4. Show more allergens in
          suppliers annually                                                     your labelling
          It’s a good idea to carry out a full review of ingredients             The number of allergens you need to flag is likely to
          and suppliers each year. Consider finding alternative                  increase from the current list of 14 up to 20. Consider
          sources if you identify serious risks, or if suppliers can’t           providing information on emerging allergens, such as
          provide the information you need.                                      pea protein, now.

                                                                                 5. Build awareness and get your
                                                                                 people on board
12                                                                               Make allergy awareness as high a priority as fire safety.
                                                                                                                                                                                                                                              13
                                                                                 Get everyone on board including the C-suite. Carry
                                                                                 out scenario testing of an allergy incident – make it
                                                                                 part of your contingency planning and training.

           Statistics
           b   10   people die from food allergies in
               the UK each year

           b   200%       increase in peanut allergies
               in children in the UK, North America
               and Australia over the last 10 years

           b   1-2% of adults in the UK have
               a food allergy

           b   5-8% of children in the UK have
               a food allergy
Q&A with Chris Green Food & drink - In this issue - Keoghs
About Keoghs

     Word Jumbl
           u e                                           WIN
                                                                      Keoghs is a top 50 law firm based in ten locations across the
                                                                      UK, solely focussed on insurance.                                           Keoghs has provided
                                                                      With a thorough understanding of insurance claims processes, we          defendant legal and claims
                                                                      offer a cost-effective, flexible and high quality service for handling     related services to the
                                                                      the a-z of insurance; from personal injury claims including motor,
                                                                      casualty and complex injury to non-injury claims such as policy
                                                                                                                                                insurance industry since
     Un-jumble the words or phrases below and send them on an email

                                                                                                                                               1968
                                                                      advice, recoveries and insurance disputes.

     to jmckie@keoghs.co.uk by 30 November 2019 for your chance to    Boasting vast experience across a broad and eclectic mix of

     win a hamper!                                                    industry sectors, local authorities and businesses, we handle
                                                                      claims ranging from low value to complex on both a delegated
                                                                      and non-delegated basis.

     Questions                                                        Our award winning teams include acknowledged experts who
                                                                      have been involved in some of the most significant developments
     1.   ETUAQADE EIGASGN               6.   SKIR TEEASNSSMS         in their respective fields. This enables us to bring a rare depth of
                                                                      understanding and expertise to every aspect we handle.

     2.   YASINXAHAPL                    7.   THSTICPROSE             We work in partnership with our clients, helping them to anticipate,     We handle general insurance
                                                                      navigate and adapt to industry change, maximising opportunities          claims of all types, from the
     3.   MIND URYO TSPE                 8.   RETNNVIMENO
                                                                      whilst minimising risks. We are forward-thinking and pioneer                lowest value disputes
                                                                      new solutions.
                                                                                                                                                  through to the largest
                                                                      That’s the Keoghs difference.                                                catastrophic losses.
     4.   RGALELENS                      9.   DRAHZA
                                                                      For further information on all of our services please
                                                                      visit our website,
     5.   FRMREO                         10. ALLYTIIBI
14                                                                    keoghs.co.uk

                                                                                                                                                1,700
                                                                                                                                                Keoghs has over 1,700 employees

                                                                                                                                                    10
     And finally…
     We’d like to share a picture of
     when Ivor and John spent the
     day at the Tennants Wellpark
     brewery in Glasgow. We did the
     site tour with the Head of
     Operational Risk for the group,
     including seeing the bottling,
     canning and kegging process.
                                                                                                                                               locations in Belfast, Bolton, Bristol,
     I’m sure you’ll agree that Ivor                                                                                                             Coventry, Glasgow, Newcastle,
     looks very dapper in his top-hat!                                                                                                           Liverpool, London, Manchester,
                                                                                                                                                    and Southampton. Keoghs
                                                                                                                                                    provides a national service
                                                                                                                                                across England, Northern Ireland,
                                                                                                                                               Scotland and Wales to clients based
                                                                                                                                                            in all areas
Q&A with Chris Green Food & drink - In this issue - Keoghs
Head Office:
                  2 The Parklands                        E: info@keoghs.co.uk
                  Bolton                                     @keoghslaw
                  BL6 4SE                                W: keoghs.co.uk
                  T: 01204 677 000                       F: 01204 677 111

                  Belfast | Bolton | Bristol | Coventry | Glasgow | Newcastle  | Liverpool | London | Manchester | Southampton

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Keoghs LLP is a limited liability partnership registered in England and Wales (registered number OC 321124) which is authorised and regulated by the Solicitors Regulation Authority. A list of the names and our members
is available for inspection at our registered office, 2 The Parklands, Bolton, BL6 4SE. We use the word “partner” to refer to a member of the LLP. Keoghs Scotland LLP, is a limited liability partnership registered in Scotland
(registered number SO305857) which is authorised and regulated by the Law Society of Scotland and trading from its registered office 2 West Regent Street, Glasgow, G2 1RW. A full list of members is open for inspection
at the registered office. Keoghs Scotland LLP utilises the trading name Keoghs under licence from Keoghs LLP. All services in Northern Ireland are delivered under Keoghs Northern Ireland LLP; a limited liability partnership
registered in Northern Ireland (registered number NC001575) which is authorised and regulated by the Law Society of Northern Ireland and trading from its registered office address, Keoghs Northern Ireland LLP,
18-22 Hill Street, Belfast, BT1 2LA. Keoghs Northern Ireland LLP utilises the trading name Keoghs under licence from Keoghs LLP.

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Q&A with Chris Green Food & drink - In this issue - Keoghs
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