Guide’s (BMG/BMC) pushing up the cost of Insurance
June 2nd, 2008 Posted in Insurance‘Making Claims’, is the heading of a small clipping: ‘With an estimated 700,000 (only one percent are members of the British Mountaineering Council) people in the UK participating in mountaineering and hill walking, law firms are predicting an increase in the number of personal injury claims associated with accidents in the outdoors.
Nigel Yates, managing partner at Manchester law firm Horwich Ferrelly believes the trend for litigation (a supposed American desease) will increase following a recent case in which a professional mountain guide was found to have acted negligently following the death of – two (we have no further details – as yet) climbers (clients) in the French Alps.
“A guide must decide on the safest course of action in light of all prevailing circumstances, such as the weather, deteriorating snow conditions, the ability of the client to complete the route, risks of rock fall and so on,” says Mr Yates. “Should an accident occur, a guide must bear in mind that he may have to justify his actions in court.”
In response to this legal prediction, an increase in litigation, the British Mountaineering Council has a cunning plan. It has announce on the 20 September, 2005, its Expert Witness Register: “To help protect our freedoms in these increasingly litigious times, the BMC is setting up a Register of Expert Witnesses.” Interestingly, the main litigation in recent years has been induced by members of the BMC loosing clients (BMG). ” The Latest News goes on: “This is to enable the BMC to collect data (from these expert BMC members) about the sort of cases that are coming to law (so it can advise on best practice and take action in the – interest of the community) those on the Register will be required to contribute to a Case Reporting System.” To this end, the BMC is starting ‘its own’ Expert Witness Courses’: Those wishing to register need to meet – stringent criteria and undergo, or have undergone Expert Witness Training (EWT). The first BMC Expert Witness training seminar will be held at Plas-y-Brenin in North Wales (of course) over the weekend of Saturday 29 and Sunday 30 October, 2005, and will cost each candidate 250 pounds sterling…” So there we have it, due to loosing too many court-cases members of the BMG /BMC are to be trained in legal matters, not stop the cause of accidents that may lead to litigation – but prepare to win at all costs regardles of the truth of the matter…