Mountain Clients

‘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 climbing, mountaineering and hill walkers, 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 disease) 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 regardless of the truth of the matter…

There is apparently, no cure for ineptitude: The Independence, Sat, 21 June, 1997, page 7: Young Daniel won his claim against a BMG/UIAGM/IFMGA mountain guide, compensation for the premature loss of his father in – 1990. He and his mother were made to wait – seven years before finally being compensated.

Andy MacNea (BMG) and national officer of the British Mountaineering Council (the autonomous BMC) said: “I am astounded that anyone should say that the use of a two-ice screw and single-ice screw belays are ‘elementary and fundimental’ practice, particularly in the Alps. Speed, is your prime concern in the Alps.” Comment: Especially, when your client has just arrived from the UK, living at sea-level for the past year. To then be taken to a much higher altitude before he is acclimated and then expected to move at ‘speed’? Speed is you first concern? Your clients welfare is your main concern – surely?

Andy MacNea: “In a guiding situation you make judgements. You have to be free to use whatever is appropriate.” Comment: In the case of the North face of the Tour Ronde, the use of the ample; readyly available ‘rock belays’ would have been appropriate in this fatal case. Roger Payne, General Secretary of the (BMC) said: “It would be wrong to think that by using a particular belay method that the safety of a party on an alpine route can be guaranteed.” Comment: In the BMC’s Courses Booklet in 1990, is states: ‘Many of these ads also advertise specific mountaineering courses (Alps) which are also run by appropriately ‘qualified’ instructors; guides.’ Those BMG guides advertised for many years through the pages of High Magazine the ‘official’ magazine of the BMC: Adventure with Security and Safe Guarantee’s? All of those advertised climbing course also supposedly met: ‘Strict BMC criteria.’ So much for – strict BMC criteria…