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Claims Defensibility and Regulatory Practice

The Claims Defensibility and Regulatory Practice specialises in developing and implementing defence strategies to help your business avoid or defend regulatory action and personal injury claims.

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Courts use the criminal sentencing guidelines to determine the level of fines and custodial sentences for health and safety offences for both businesses and individuals.

By reviewing your current processes, systems and procedures we can identify ways to help your business avoid a health and safety prosecution and the potential consequences. These may include fines, custodial sentences or in some cases personal prosecution of a senior manager or director within your company.

The Claims Defensibility and Regulatory team offer a wide range of training solutions including fraud identification, contractor management, health and safety governance and corporate manslaughter designed to allow you and your team develop and implement strategies to defend personal injury claims and avoid (or defend) regulatory action.

In addition to our expert led risk management training options, Our Claims Defensibility and Regulatory Practice can support your business to ensure it has the right policies, procedures, and documentation in place to ensure that liability claims brought against you can be met with a robust defence, or any action from the regulatory authorities can be avoided or defended including helping to reduce any potential fine.


Regulatory defensibility review

Our regulatory defensibility review will identify where present exposure to regulatory action exists and provide guidance on how existing systems and procedures can be improved.

The focus is on the existence, evidential value/weight and general availability of documentation or other evidence which would assist in avoiding or defending regulatory action.

Claims defensibility review

Our claims defensibility review assesses your organisation’s ability to defend a civil claim for compensation arising from a public or employers’ liability claim.

We forensically examine the documentation, policies and procedures disclosable in the event of a claim and see how robust they are in defending claims.


Professional training and competence development forms a key part of effective claims defensibility and our consultants offer a range of training solutions designed to equip you with the competencies and processes needed to avoid or defend claims successfully.

Our accident investigation risk management training focuses on the key principles of ‘best practice’ to ensure that crucial evidence is captured and recorded as part of the investigation process. This will assist with the avoidance and defence of regulatory prosecutions and personal injury claims.

Our risk management learning and development options are delivered by a dedicated training team which has extensive practical experience of defending personal injury and regulatory claims.

To find out more about our risk learning and development options, or our claims defensibility reviews, please get in touch.

Claims fraud arises when a claimant fabricates or exaggerates a personal injury claim in order to recover damages from a business. Fraudulent claims can lead to unnecessary payments being made by businesses resulting in increased insurance premiums and reputational risk.

Our fraud identification training offers practical steps to ensure members of your organisation are armed with the overarching principles of fraud identification and the governance surrounding it, but also a deeper knowledge when it comes to fraud risk, control and prevention.

WTW has created Mock Trial training sessions, in respect of both Employers’ liability (“EL”) and Public Liability (“PL”). The Mock Trial training provides an overview of the workings of personal injury claims, both before and after the start of formal legal proceedings. It also provides a demonstration of the relevant litigation process and gives an insight into what to expect at Court. The EL Mock Trial involves a personal injury claim arising from an accident at work and the PL Mock Trial involves a personal injury claim arising from an accident in a retail store.

Visit our dedicated mock trial page for more information.

Regulatory Mock Trials are designed to improve awareness of health and safety governance and compliance standards, whilst also enhancing an organisation’s ability to avoid or defend regulatory action.

Many businesses rely on contractors and subcontractors to provide services or support without realising that they can significantly increase their risk profile, especially in relation to regulatory action e.g. Health and Safety Executive (HSE) fines and personal injury claims.

Our contractor management training will identify potential weaknesses within your existing contractor procedures and improve key elements of contractor management to improve risk and defensibility within your business.

This Mock Trial will educate attendees on the offence of Gross Negligence Manslaughter the most serious health and safety offence an individual can commit which attracts the most severe penalties.

Attendees will gain insight into the legal requirements that differentiate gross negligence manslaughter and the factors necessary to warrant such a charge, rather than more common health and safety offences.

Directors & Senior Management H&S Governance Briefing

This briefing will assist Senior Managers, Directors and members of Senior Leadership Teams to understand the responsibilities and challenges they face in implementing compliant health and safety management systems whilst enhancing the prospects of avoiding enforcement action and improving defence capabilities where a prosecution is pursued.

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