Hugh Mallett, AGS Loss Prevention Working Group Leader, has provided an overview on the groups top three items which were discussed at a virtual meeting on 8^th September 2020.

PROFESSIONAL INDEMNITY INSURANCE – COST AND OTHER ASPECTS

 The availability and cost of Professional Indemnity insurance is a topic which is extremely important to all AGS member companies and practitioners.  The market has become much harder over the last couple of years and good practice advice would be useful for members in preparing for discussions with their insurers.

In response, information on the difficult PI market will be provided in due course. The Loss Prevention Working Group are also looking to provide some good practice advice on: (i) managing your PI policy and (ii) issues for retired members.

 COAL AUTHORITY – POTENTIAL CONFLICTS OF INTEREST AND UNFAIR COMPETITION

 The Loss Prevention Working Group have drafted an article, (which is published in this issue of AGS Magazine), summarising the experience of some AGS members with regards to the Coal Authority.

In summary, concerns have been raised regarding the Coal Authority and Coal Mining Risk Assessments (CMRAs) due to the Coal Authority both:

1. acting as a Statutory Consultee for planning applications (in relevant areas) and thus providing related guidance for developers and
2. undertaking CMRAs on behalf of third parties as a commercial service.

The Loss Prevention Working Group have made initial enquiries with a lawyer and obtained advice on competition law.

 Currently it is not clear whether the issues raised regarding the Coal Authority are “one-off” or localised.  It appears that there may be aspects of Competition Law which may be of more general relevance.  The request for information in the magazine article will help determine the need for and direction of any next steps.

 LEGAL ISSUES ASSOCIATED WITH AGS DIGITAL DATA

 Position Paper is being prepared by Beale & Co with the aim of clarifying the legal issue associated with the “ownership of data”.  If appropriate a Client Guide may then be prepared.

A paper previously presented at the AGS Annual Conference raised concerns regarding the legal issues of the ownership of data.  Potential solutions have been discussed since then, but the legal position is still to be clarified.  The forthcoming Note from Beale & Co will aim to provide this clarity.