Litigation Support to Construction Sector Client defending an Employee Workplace Accident Claim


This client was notified of civil proceedings for a workplace accident that was in effect a claim for a retirement fund from the employer which for a 40 yr old male would have an actuarial cost in the region of €1m + legal costs ie €1.25 all-in.


On becoming aware of the scale of the claim which although insured, would have lead to a crippling re-rating of insurable risk for the Co for the succeeding 5-7 years, McGleenan & Co set about supporting the client’s interests as follows:


  • Over a two & a half year period we co-ordinated the factual briefings for the Co’s insurers & legal advisors along with the required follow-up, review & on-site inspections of health & safety assessments, required by the Co’s defence team.


  • Our background in risk management & employment related policies & procedures gave us as ability to add significant practical input to the overall management of the case.


  • Our background in High Court Liquidations gave us invaluable experience of managing legal conferences to maintain focus on the client’s specific issues rather than allowing the legal process to take it’s own route for such situations.


  • When the claim was eventually set-down for hearing at the High Court, we were sufficiently well briefed to ensure that a robust line was taken by the Co’s legal team to ensure that the risk of “conveyor belt” Justice did not apply in our clients particular case.


  • An initial settlement request by the claimants legal team for €650k (+ legal costs) on the first day of the hearing was instead turned into an acceptance of €80k all-in (including their clients costs) by lunch-time on day two.


  • The client was vindicated and free to move on with its Construction & Civil Engineering Contracts business reputation enhanced among key players in that sector leading to significant levels of new contracts being awarded.