Tackling claims

I have always found most interesting and informative the 'Conduct and service' and 'Risk management' columns in the Good Practice section each week.In the quiz (see [2001] Gazette, 5 April, 46) each action scenario posed three responses.

The St Paul risk management team suggested that sending a one-line reply denying any negligence and threatening to sue the client for libel indicates one has a lot to learn about risk management.

I recall in 1992 receiving notification of a claim on one of my files at Messrs McCarrahers addressed to our senior partner.

Part of his response was to reply: 'My first reaction was to put this where it deserved to be namely in the waste-paper basket, but on reflection I thought I had better follow the normal procedure of informing our insurers, so we have therefore done so...' The Solicitors Indemnity Fund replied: 'We are looking forward to the claimant's solicitor's reply!' The claim went through a full set of pleadings covering a five-year period but before the court hearing the claimant withdrew on the basis of each side paying their own costs.

I would like to know of any other robust replies to claims.

Richard Strother, solicitor, Southampton