Identifying the Correct Defendant in Industrial Disease & Personal Injury Litigation
Introduction
This virtual classroom seminar is a technical yet practical guide and update on the critical questions of how to correctly identify the defendant in industrial disease and personal injury litigation.
This live session will consider where the law stands with bringing proceedings against parent and ‘successor’ companies, what steps you need to take when faced with an insolvent or dissolved defendant company, when can you proceed directly against an insurer, and what to do if it all goes wrong.
What You Will Learn
This live and interactive session will cover the following:
- Practical tips, and do's and don'ts, when identifying the defendant - particularly in long tail disease claims - to be used before issuing proceedings
- What to do when it looks like your client’s employer has been taken over, subject to a change of name, merged with another business, but essentially still seems to be identifiable?
- Particular issues with parent companies and groups - can I sue them?
- Dissolved companies - do I still need to restore them?
- Practical application of the Third-Party Rights Against Insurers - and proceedings against companies in various forms of insolvency
- Applications to add and/or substitute parties and how to make them - particularly when primary limitation has expired
- Case study
Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.