Disaster litigation

The Law Society has issued guidelines for the profession applicable to unexpected events which adversely affect a group of individuals, resulting in physical injury and property damage. They encourage the use of mediation before issuing proceedings and recommend the appointment of a lead firm to represent claimants and to cooperate with defendant firms to avoid the lengthy and expensive litigation which followed the Paddington and Potters Bar rail crashes. Under the guidelines, solicitors will register their involvement in such disasters with the Law Society. The guidelines aim to improve communication between the parties by setting a timetable for exchange of information and by imposing standards for the content of correspondence. Consideration should be given to setting up a joint panel of medical experts for the claimants and defence. It reminds claimant firms of their obligations to cooperate with enquiries and advises them to find a joint approach to costs. It warns against solicitors cold-calling members of the public and advises against making statements to the media in the immediate aftermath of a disaster.