DMFD92 Authority to settle a personal injury claim

1.1. The London Fire Commissioner seeks authority to settle a personal injury claim brought on behalf of an ex-firefighter, in which the range of reasonable settlement requires the consent of the Deputy Mayor.

1.2. The claimant brings this claim for personal injury as a result of an accident at work.

1.3. The claimant’s finalised Schedule of Loss has been served, upon receipt of which, Counsel drafted a Counter-Schedule of Loss/Special Damages and also provided a final advice on quantum.

Liability

1.4 Liability, subject to causation, was admitted in the defence filed and without any allegations of contributory negligence.

1.5 As the employer the Brigade is, prima facie, vicariously liable in statute and common law for the negligent acts and/or omissions of its employees. On any assessment the actions of the firefighter who was responsible for the injury did not follow correct procedures and was negligent. There was no evidence to suggest that the Claimant was in any way contributory negligent, so this defence was not advanced by the London Fire Commissioner.

2.1. Consent by the Deputy Mayor for Fire and Resilience allows the Commissioner to effectively settle matters with the claim and in line with the expectations of the court.

3.1. Decision-takers have due regard to the Public Sector Equality Duty when considering reports for decision.

3.2. Under s149 of the Equality Act 2010 (the Equality Act), as a public authority we must have due regard to the need to eliminate discrimination, harassment and victimisation, and any conduct that is prohibited by or under the Equality Act; and to advance equality of opportunity and foster good relations between people who share a protected characteristic and those who do not.

3.3. The Public Sector Equality Duty (PSED) requires decision-takers in the exercise of all their functions to have due regard to the need to:

i. Eliminate unlawful discrimination, harassment and victimisation and other behaviour prohibited by the Equality Act 2010. In summary, the Act makes discrimination etc. on the grounds of a protected characteristic unlawful.

ii. Advance equality of opportunity between people who share a protected characteristic and those who do not.

iii. Foster good relations between people who share a protected characteristic and those who do not, including tackling prejudice and promoting understanding.

3.4. The protected characteristics are age, disability, gender reassignment, pregnancy and maternity, marriage and civil partnership, race, religion or belief, sex, and sexual orientation.

3.5. There are no specific equality implications arising from this report.

4.1. The expenditure is to be funded through sums available to the Commissioner. There are no direct financial implications for the GLA.

5.1. General Counsel is the author of this report.

5.2. Under section 9 of the Policing and Crime Act 2017, the London Fire Commissioner (the "Commissioner") is established as a corporation sole with the Mayor appointing the occupant of that office. Under section 327D of the GLA Act 1999, as amended by the Policing and Crime Act 2017, the Mayor may issue to the Commissioner specific or general directions as to the manner in which the holder of that office is to exercise his or her functions.

5.3. By direction dated 1 April 2018, the Mayor set out those matters, for which the Commissioner would require [the prior approval] of either the Mayor or the Deputy Mayor for Fire and Resilience (the "Deputy Mayor").

5.4. Paragraph (b) of Part 2 of the said direction requires the Commissioner to seek the prior approval of the Deputy Mayor before “[a] commitment to expenditure (capital or revenue) of £150,000 or above as identified in accordance with normal accounting practices…”. Therefore, prior approval of the Deputy Mayor is required prior to settle this claim.