As a responsible dog owner, receiving notification that someone is pursuing a compensation claim against you after being bitten by your dog can be a shock.
UK research indicates that one in four people have been bitten by a dog in their lifetime, with a third of bites requiring medical attention but only 0.6% requiring hospital attendance. So, while being seriously injured by a dog is relatively rare, any injury to a human which involves your pet will still be a cause for concern. What happens if my dog bites someone? In the immediate aftermath of a bite or attack, the police often become involved to assess if your animal is dangerous or could be considered out of control. The outcome of this investigation could be a warning, fine, banning order or even prison sentence in the most serious of cases. But regardless of any action the police may take in a criminal capacity, you may still be subjected to civil legal proceedings in the form of a compensation claim made by the injured party. If this occurs then you'll need to be aware of the options available in defending a dog related personal injury claim, and that you cannot always be held legally responsible for injuries that have been caused by your pet. Insurance covering dog bite claims.
Does home insurance cover dog bites?
There are various insurance policies which you may have in place that can cover you in the event that a personal injury claim is made against you as a dog owner. Whether you dog bit someone on your property or in a public place (street, park, woods etc.)
Should you receive a claim, it's recommended to first check for any possible insurance policy, and if cover exists, report the claim to your insurer as soon as possible. They will then take over the handling of the claim and instruct a solicitor to act on your behalf. Dog bite claim with no insurance
If no insurance cover exists, or your insurer refuses to indemnify you, then you need to seek advice from a personal injury defence lawyer on your uninsured dog bite claim.
The Letter of Claim you receive informing you of the claim will need to be acknowledged in a certain timeframe (usually 21 days) so gaining legal advice as soon as this letter is received is highly recommended.
Dog bites and the law.
For a claimant to be successful in their damages claim they must prove that the owner or keeper was responsible for the actions of the animal, and/or have been negligent in some way.
The Animals Act
A key piece of law that is often cited in animal attack cases is the Animals Act 1971. This legislation defines the conditions that a dog’s keeper can be responsible for the behaviour and damage caused by their dog.
The act provides three tests that must be met before the owner or person in possession of the animal can be held liable for any damage that has been caused. Basically, these tests are that: a. The damage or injury was likely to be caused by the animal unless it was restrained, and b. It was caused by a characteristic of the animal, and c. The characteristic was known to the owner or keeper of the animal. While any dog has the ability to bite, they will generally only ever do this in unusual circumstances which may not be able to be reasonably foreseen by the keeper. Proving negligence in dog bite cases
Being the owner or handler of a dog, you owe the public and any visitors to your home a 'duty of care' to prevent the animal from injuring them. If a claimant can prove that an owner has breached this duty, and so has been negligent, then they may be entitled to compensation.
A person simply being bitten by a dog does not mean that the owner has been negligent. A claimant would need to show that they were aware that the dog attack could happen and failed to take adequate steps to prevent it. Need advice on defending an alleged injury claim?Dog Bite Defence LawyersDefences to a dog bite injury.
As you have probably gathered, defending a dog bite compensation claim is a complex task and you should obtain specialist legal advice when faced with a claim.
An experienced solicitor can investigate the circumstances of the incident, as well as the history of the animal, to present all mitigating factors on why you may not be liable for the injuries caused. For example, common dog bite law defences may include:
When it comes to the law, your beloved family pet is simply considered a piece of property that has inflicted damage on another person. So if you are placed in the position of defending a claim, ensure you seek the legal advice you need and your pet deserves.
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Non or late paying customers are unfortunately a fact of life for most small to medium businesses. While at best delayed payments can be annoying, at worst they will have a measurable and detrimental impact on the smooth running of your business.
Recent figures via the Official Statutory Register of Judgments has given an insight into the potential scale of the problems around business debts and disputes that have been escalated to the courts. The data shows that in the third quarter of 2020, and despite the pandemic, there were almost 16,000 County Court Judgments (CCJs) issued against businesses. The average value of each business debt is over £5,000, which is 79% higher than in the first quarter of 2019. While there are fixed fee debt recovery services available to deal with most size B2B debts, needless to say it's more important than ever to make sure you have effective procedures in place for protecting cash flow in your business. So, we wanted to share some of the proactive general advice that we've provided to our clients after helping them recover business debts owed to them. Know your customer.
Is sounds simple, but make sure you know who you are doing business with.
Try to find out the size of the organisation and whether they are a partnership, sole-trader, limited company or PLC. What is their full legal name and do they use any trading names? Conducting a quick Internet search for these names may reveal information you need to be aware of. Limited company checks.
Make use of public services such as Companies House to verify your private limited company customers.
When first considering doing business with them, verify their registered office, company number and trading status. You can use this information to find who owns the business and verify that the person instructing you has the authority to do so on behalf of them. Then throughout your relationship put a reminder in to recheck these details periodically. That way you can be alert to any warning signs such as overdue accounts, charges being registered against them or large drops in cash reserves which may indicate their business is struggling. Prompt Payment Code.
Check if your business customer is part of the Government's Prompt Payment Code (PPC) where those signed up are obliged to pay small businesses invoices within 30 days.
The current signatories can be found on the PPC website. Invoice early.
Whenever possible try to request payment in advance. If this is not possible, attempt to secure partial payment (for materials etc.) or some kind of deposit.
With some larger business customers it can take a while for a new supplier to get onto their accounts systems. So starting this process as soon as possible can speed up future payments. Invoice as soon as the order is completed, or on lengthy jobs gain agreement to do so at periodic intervals. Knowing there is a payment problem half way through a job is better than finding out at the end. Don't hide your payment terms.
Include standard payment terms within your T&Cs and on your invoices, ensuring they are clear and reasonable.
Make customers aware of these terms before they order, when you provide a quote and when an invoice is at risk of becoming overdue. Your invoice should also include details on how to pay you, such as your bank account or online payment information. Get it in writing.
For large or regular transactions consider getting a specific contract drawn up and signed by both parties. At the very least ensure the main points of the order or transaction are in writing with evidence that it has been agreed by each party.
If you ever end up having to consider legal action, good record keeping will pay dividends. Everything from the original order, proof of delivery and late payment chases should be kept. Your solicitor will want written evidence and a chronology of events to proceed with a claim, so keep copies of any emails and notes of any telephone calls. Do you need to take legal action on unpaid invoices?Business Debt RecoveryWhat to do when a client doesn't pay?
Implementing the above tips may help in reducing the chances and impact of late paying business customers. But even with the most vigilant owner, on-the-ball accounts team and strictest terms and conditions, you will still encounter customers that simply choose not to pay.
So your next step is to consider formal legal action to recover the amount owed, which usually starts with sending a Debt Recovery Letter Before Action. Having robust Terms & Conditions, a consistent approach to invoicing, and a clear paper trail will help you get what's owed to you that much quicker and assist your legal claim should you ever need to get a solicitor involved.
Whether you are a business or an individual, when money is owed to you there's usually a clear deadline specified for when payment is expected to be made. For example, your business invoices will have a payment period detailed on them, and if you've loaned money to a friend then you will have an agreed repayment date or schedule.
But if this date passes and no payment has been forthcoming, can you claim interest on the money owed to you? Can I charge interest on money owed?
Your legal right to charge interest on an outstanding debt depends on a few factors which we'll cover in this guide. These include:
Interest on business debts.
The ability to charge interest on an overdue invoice or order will depend on the status of your customer and the contractual terms you have agreed that deal with any late payment. If you have a contract in place that contains a provision or clause for interest to be charged, then this should be sufficient to add interest to the overdue amount at the agreed rate.
If there is no specific contract in place with your customer that dictates interest charges, you may still be able to claim interest via legislation known as the Late Payment of Commercial Debts (Interest) Act 1998 if your customer is also a business (limited company, sole trader etc.). Late payment of commercial debts.
This late payment legislation permits you to charge 8% interest plus the Bank of England base rate on overdue debts owed by your business customers (B2B). You can begin charging interest as soon as payment becomes overdue, and if no payment date was documented or agreed payment is classed as late 30 days from the customer receiving your invoice or delivery of the service/product.
There are some exceptions and additional items that can be claimed as part of this legislation, so please read our full guide on claiming interest on unpaid invoices. Alternatively you may wish to instruct business debt recovery solicitors who will be able to calculate your late payment interest and compensation entitlement on your behalf. Business to consumer debts.
If the customer whose payment is overdue is an individual and not a business, there is no statutory right to charge interest on the amount. So, unless you have an agreed contract or terms of business in place that specifies additional charges will be made in the event of late payment, no interest is able to be added to the debt until court proceedings are started.
When dealing with debts incurred by consumers (and sole-traders) it is also important to comply with the Pre-Action Protocol for Debt Claims. Failure to do so before commencing court proceedings may result in sanctions being imposed on you, likely in relation to court costs. Quick Reference - Interest on Debt Claims
* Based on statutory annual interest entitlement and the base rate, details correct as at March 2023.
Interest on personal debts.
If you are owed money as an individual such as through a private sale, shared bills or a personal loan, there is no entitlement to claim interest on the debt unless you have a signed contract or agreement that permits it.
For example, in the case of lending money ideally you will have documented the arrangement in a loan agreement which should have a provision for any interest and what occurs in the event of the borrower defaulting on their repayments. Without a written contract interest is not able to be added to a personal debt prior to court proceedings being started. Interest on court claims.
Regardless of the status of the debtor and the absence of a right to contractual interest, if you get to the stage of issuing a court claim to recover the debt, interest will often be able to be added to the amount owed.
Section 69 of the County Courts Act 1984 permits interest to be added to most non-commercial debts at the rate of 8% per year. This is a statutory interest rate and you can usually claim it from the date the debt was due up to the date you issue the claim. At the point of issuing court proceedings, other court fees and costs can also be added to the amount that is being claimed. However note that as with any other element of a claim, interest is awarded at the discretion of the court. The applicable interest is just one of the items that needs to be considered and calculated as part of a court claim for a debt. Therefore, it is always advisable to seek early legal advice if you are contemplating pursuing a substantial debt. |
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