CASUALTY ACTUARIAL SOCIETY

2004 ANNUAL MEETING

INTRODUCTION

ROBERT DALTON, CUNNINGHAM LINDSEY INTERNATIONAL

THE CLAIMS PERSPECTIVE

COMPARATIVE LEGAL SYSTEMS – NORTH AMERICA VS EUROPE

LOSSES

ARE THERE ANY RECOGNISABLE TRENDS?

COMPARTIVE LEGAL SYSTEMS

NORTH AMERICA, UK & IRELAND: ADVERSARIAL

REST OF EUROPE : INQUISITORIAL

IS ONE SUPERIOR TO THE OTHER?

THE INCREASING IMPORTANCE OF THE EUROPEAN UNION

ADVERSARIAL

HISTORICAL ORIGINS – “TRIAL BY COMBAT”

THE “BALANCE OF PROBABILITIES”

ADVANTAGES: PRE-ACTION PROTOCOLS SPEED? MEDIATION

ADR

DISADVANTAGES: UNCERTAINTYCOSTSAPPEALS

INQUISITORIAL

HISTORICAL ORIGINS – NAPOLEONIC CODE

“AN INQUIRY INTO THE TRUTH”

PROCEDURAL DIFFICULTIES

ADVANTAGES: CERTAINTY?COSTS

DISADVANTAGES: TIME TAKENPROCEDURE

IMPORTANCE OF THE EUROPEAN UNION

EUROPEAN UNION STRUCTURE: COUNCIL OF MINISTERS EUROPEAN PARLIAMENT THE COMMISSION

SOCIALLY AND POLITICALLY DRIVEN

COMMISSION DIRECTIVES

GREEN PAPERS

PRACTICAL EXAMPLES: CONSUMER PROTECTION ACT 1987 ENVIRONMENTAL LIABILITY GREEN PAPER

WWW.EUROPA.EU.INT

PRACTICAL IMPLICATIONS FOR CLAIMS HANDLING

THE PRINCIPLES OF CONTRACT & TORT ARE SIMILAR

THE APPROACH TO LOSSES SHOULD BE CONSISTENT NO MATTER WHAT THE LEGAL SYSTEM

SEEK CLAIM SOLUTIONS

NOVEL SETTLEMENTS

CONCLUSIONS

RECOGNISABLE TRENDS: UK – ATTRITIONAL EU ACCESSION COUNTRIES

PROCEDURAL UNDERSTANDING IS CRITICAL

THE IMPORTANCE OF THE EU

A BALANCED APPROACH TO ENQUIRIES AND ADVICE

LITIGATION IS THE LAST RESORT