Case Studies – Training Consultant
Training Consultants often wonder at the need to buy Professional Indemnity Insurance. Unless they are involved with motivational activities such as fire walking they see very little prospect of being sued by a customer or any other party for the work that they do. If they do see the chance of such a possibility they expect it to be limited to the fees that they charge and no more.
One area that is particularly likely to give rise to claims relates to course material and this case study illustrates how such a claim can arise for breach of copywrite.
In this case our client was contracted by a well known university to provide training courses to students on a variety of Management techniques. The courses were to cover the works of many of the master theorists in management styles and techniques.
The training consultant put together a suitable programme that was approved by the university using widely available material. The university approved the course and the training consultant produced material that was then given to the students at the end of each day.
The course material was fairly generalist and contained references to the books and web sites of the various experts in order that the students could if they wished follow up on the information and explore techniques that had been referred to during the course with the relevant expert. There was no suggestion that the course was intended to teach any of the techniques, but that it aimed to arm the students with the knowledge of what was available and where to find it.
One of the students of the course was particularly interested in one of the Management Gurus that had been discussed and took their studies further, contacting the Guru and then booking a course with him. He gave the Guru a copy of the Notes that he had been given by our client. The management Guru then instructed solicitors to write to the leadership trainer alleging breach of copywrite and seeking damages of £100,000.
How PI Expert helped
The client had a full professional indemnity with arranged by PI expert. The cover included costs and expenses of defending a claim for breach of copywrite as well as damages awarded.
We worked with the client and Insurers to draft a formal response to the claim. After exchanging a few letters the management Guru agreed to accept a formal apology from our client and dropped the claim for damages.
The claim was settled at nil cost and needless to say the client was very happy to renew with PI Expert.