Why choose Aqlaim?

Why Choose Aqlaim?

We are a specialist Casualty Loss Adjusters operating in the UK, offering Underwriters, Solicitors and self-insured companies an expert service in the management control and investigation of liability claims. We offer an 'end-to-end' service (or TPA as required).

Extensive experience

Managing Director, David Miles (ACII, FCILA) is a leading expert in the Equestrian Liability field with over 40 years' experience dealing with casualty claims. A safe pair of hands to place your trust in.

He has acted for livery, stud and race yards; the British Horse Society, British Show jumping, British Eventing and British Dressage Associations over the years, as well as private horse owners.

David is well placed to act as a consultant to Insurers, Loss Adjusters and Legal Representatives in the investigation and handling of Casualty Claims and, in particular, in his specialist subject – Equestrian Liability.

Specialist horse riding knowledge

David remains a keen horse rider and owner of horses. His continuing 'hands-on' riding is invaluable when investigating equestrian related claims.

David has experience in numerous equestrian sectors: -

Riding Schools and Livery Yards
Training Yards
Stud Yards
Racing Yards
Membership Liability- to include British Horse Society/ British Dressage/ British Showjumping/ Endurance GB and Country Side Alliance.
Hunting Office.
Horse Transport.
Farriers Liability.
Care Custody and Control.

Investigation

Many claims turn on the adequacy of appropriate risk assessment particularly in the Riding School environment. It is essential to obtain proofs of evidence from relevant parties and witnesses. Documentation is also a key factor and Disclosure will be required in a defended case.

Documents to be collated may include the following: -

Accident Book Entry.
RIDDOR Report.
Risk Assessments.
Staff Profiles/ Training Records.
Health & Safety Policy Statement.
Client Registration Cards.
Booking In Diary.
Specific Risk Assessments for Clients/ Horses.
Briefing Instructions for New Clients.
Character Reference for Horse.
Post-incident Risk Assessments for Clients/ Horses.
Licence issued by Local Authority.

Legal Understanding

David has a good understanding of the Law surrounding potential liabilities and in particular the strict liability that may attach to the owner or keeper under Section 2.2 of the Animals Acts 1971. Life for Defendants has not been easy following the House of Lords decision of Mirvahedy-v-Henley but there are a number of defences not least the defence of voluntary acceptance of the risk under Section 5.2 of the Act.

The Court of Appeal decision of Freeman-v-Higher Park Farm 2008 is a precedent case involving voluntary risk a case originally investigated by David. The Case was successfully defended.

There have been a number of recent decisions where a strict liability has not been established including Ford-v-Seymour-Williams 2021 where the characteristics of the horse could not have been known to the owner and a strict liability did not attach. This is particularly important as this was an employers availability case where the "consent" argument is not possible under the Act.

How We Charge

Charges are bespoke to our Clients.

For further enquiries please contact David at davidmiles@aqlaim.com .

Career background

David was originally the Managing Director of Gates Adjusters Ltd. In 1997 a partnership was formed to create the Questgates Partnership which developed into Questgates Ltd in 2002. David was one of the founding Directors of Questgates Ltd.

Subsequently he set up Core Insurance Services Ltd (Core Claims) in 2008, which was eventually acquired in 2016 by the Davies Group where David remained a Director until 2019.

David is now acting as a consultant trading as Aqlaim.