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Offering Coasteering? – Getting the cover you need

Many providers of this popular activity struggle to find the right liability cover, either because their insurance provider doesn’t understand the activity or they consider it too risky and will not offer terms or a quotation.

We have had recent experience of providers looking for cover at the last minute because their insurance company changed its attitude to risk and pulled out of the market and we know this can be particularly frustrating.

We can provide cover for your sessions with schools and families as well as adult groups from stag and hen weekends and corporate team building exercises.

Please be assured that Activities Industry Mutual (AIM ) underwriters are familiar with this particular activity when providing a quotation.  We are an Associate Member of the National Coasteering Charter (NCC), and we keep up to date with their meetings and events.  They promote best practice, provider and guide support in the sector, so if you are not a current Member of the NCC we encourage you to have a look at what they offer.

There is also a guide award that the NCC have introduced and the details can be found here https://www.nationalcoasteeringcharter.org.uk/coasteeringguideaward

NCC Guide award outline:

The guide award has been developed by a working group of NCC members, coasteering providers and guides from around the UK.

The award has been structured to allow new guides coming into the industry the opportunity to work through a structured scheme that allows them to gain a base line in standard coasteering guide practice by undertaking a 2-day training course, partaking in a consolidation period and then undergoing a formal assessment. Existing coasteering guides who already have experience and some formal training will be able to apply for the opportunity to APL the training elements of the award.

Photo Credit: TYF Adventure

 

Surfing & Watersports : Coast to Coast Surf School – Olympic Feature

Coast to Coast Surf School was established in Dunbar and 2024 marks its 20th anniversary.  Now operating in Scotland’s West, North and East coastlines offering a wealth of water based activities, including surfing tours, paddleboarding and coasteering.  They have been a Member of the Mutual since 2014 and share with us their thoughts on the […]

COVID 19 – Coasteering Update

An update on Coasteering 

The Govt Guidelines are clear…ish and we know that you are all trying to find ways to make them work for you.  We appreciate that Members are finding it frustrating only being able to take out small groups.  At present, albeit subject to change, in England, providers can only meet with up to 30 people for non-commercial reasons (funerals etc). Otherwise, you have to stick to the Government Guidelines so a maximum of 6 people (including the guide/instructor).  This leaves a group of 5 clients which can consist of a maximum of 2 lockdown groups.

The exception to this is that if there is a lockdown group that has self-isolated for more than 2 weeks previously, you can go to normal ratios.

In their guidance, the Government also says that if the NGB/Equivalent applies for an increase of group numbers, then they will consider it.  Surfing England have been successful in this, and last Thursday have increased their ratios to 1:8.  The NCC is also considering this and meeting to discuss so please keep an eye on their website for further information.

If you are in Wales, the position is slightly different and you can take up to 30 people out from different households!  Lucky Wales.

We hope this update assists.  As the situation develops we hope to provide you with more information.

Another Liability Claim Successfully Defended

Another liability claim successfully defended – but not without legal costs

This claim for damages arose from an accident which occurred during a coasteering activity on the Abereiddy Beach on the Pembrokeshire coast on 13 September 2008. The group members were invited to slide down a smooth two metre slab of rock, and it appeared that the claimant landed awkwardly and caught her foot on a projecting piece of rock at the foot of the slide, fracturing her right ankle in a shallow rock pool. Following a complaint by the injured party to the Licensing Authority on the appropriateness of the slide where she broke her ankle, the handling of the accident by the instructor and the after-incident care, an AALA complaint investigation inspection took place on 14th November. The report concluded that, whilst acknowledging that the 1-to-10 ratio had been exceeded (it was 1 to 12), the slab looked innocuous enough and the others in the group had completed the slide without incident, and that the immediate first aid and summoning of help was carried out adequately.

However, the claimant’s solicitors, MWR Solicitors of Preston, couldn’t wait for the AALA report and issued a letter of claim on 2nd December 2008 alleging that, inter alia, the provider exposed their client to a foreseeable risk of injury and failed to provide an experienced instructor. And they continued to press their case subsequent to the AALA report.

The wheels of justice turn slowly and in this case very slowly. Proceedings were issued in September 2011, four days before the three year limitation (or deadline date) and served in January 2012, seven days inside the further four month extension deadline and the case finally made it to the Southend County Court for the hearing on the 6th and 7th February 2014, before being adjourned to 23rd May for the judge to consider further written submissions.

Eventually, five years and two hundred and sixty nine days after the accident, the Circuit Judge ruled that the claimant’s injury was “a true and unavoidable accident for which the defendant should not be found liable”, a judgment pretty much consistent with the conclusions of the original AALA Complaint Report of some five and a half years earlier.

Although, subsequent to the ruling, AIM was entitled to recover its full legal costs from the losing claimant, as ever recovery didn’t turn out to be straightforward. So, following the “bird in the hand” principle, we accepted their offer of part payment to close the account, unfortunately leaving AIM some £22,500 out of pocket.

As a post script, following the Jackson reforms (see AIM Newsletter 2013), introduced last year to curb legal costs, we, as defendants, have forfeited our ability to recover any of our costs from the losing claimant’s side. In exchange for that, the claimant’s solicitors are no longer able to double their charges as “success” fees and bill us, and are no longer able to recover the cost of their ATE (after the event) insurance which covers their costs in the event that they lose.

 

Lessons Learned – Location, Location, Location

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