Engineering Inspections are invaluable for Litigation Solicitors like us, providing crucial insights into the causes of accidents. Regardless of whether we represent Plaintiffs or Defendants, these inspections offer a deeper understanding of the case at hand.
In litigation, it is common for Claims Handlers representing defendants to attend such inspections, and rightfully so. Their presence allows for a comprehensive analysis of the accident’s dynamics, revealing both its strengths and weaknesses.
We firmly advocate for a collaborative approach during inspections, rejecting the notion that engineers dictate the proceedings. Solicitors play a pivotal role in directing engineers, ensuring a balanced perspective.
Moreover, attending Engineering Inspections greatly facilitates briefing legal counsel. To effectively instruct counsel, Solicitors must grasp the accident’s mechanics and context fully. By participating in inspections, we can convey explanations in a manner accessible to legal professionals, free from technical jargon.
Historically, objections to Solicitors attending inspections were rare. However, recent trends have seen defendants attempting to prevent Solicitor involvement.
A notable case illustrating this was the recent case of Murphy v. Stryker, the defendant initially resisted the presence of a Solicitor during inspection. However, after arguments were presented, Mr. Justice Coffey of the High Court ruled in favour of granting inspection facilities to both the engineer and the Solicitor, recognizing the importance of their roles.
We trust that this decision has effectively resolved the issue, affirming the right for Solicitors to participate in Engineering Inspections.