Article Report Loss Prevention

AGS Loss Prevention WG – Update

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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 8th September 2020.


 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.


 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.


 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.

Article Business Practice Loss Prevention

Electronic Tenders and Email

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Both the Loss Prevention WG and the Business Practice WG have raised questions about e-business and email that highlight a degree of confusion and uncertainty in this area.

If you share this sentiment, you will be interested in guidance from the Construction Industry Council (CIC). This can be found on the website: and following the links to liability/contracts.

The publication ‘e-Business or e-Business’ contains links to answer a number of pressing questions which include:-

Setting up a Website eMAIL
Formation extranets
eRetention & Archiving
Computer Disposal
Relevant Legislation/Codes of Practice

A useful list of publications for purchase or free download can be found there, including the new collateral warranty for consultants and a new liability briefing which is worthy of further study entitled ‘Managing liability through financial caps’

Note: The CIC is the representative forum for the industry’s professional bodies, research organisations and specialist trade associations. The AGS is a Member via its membership of The Ground Forum.