For insurers, brokers and claims professionals, it can be tempting to approach Northern Ireland employers’ liability (EL) and public liability (PL) claims in much the same way as in England and Wales. The core principles of negligence and personal injury law are broadly comparable but Northern Ireland operates under its own legal and procedural framework, with important differences that can affect claims strategy, costs and outcomes. 

Although the principles remain broadly consistent across both jurisdictions, the legislation, procedures, damages framework and costs regime differ in key respects. 

For insurers, brokers and claims handlers, recognising a Northern Ireland claim from the outset and applying the correct jurisdictional approach is essential. Early consideration of the relevant legal and procedural framework can help reduce costs exposure, avoid delays and support better claims outcomes. 

 

Five key differences – and why they matter:  

 

  1. Employers’ Liability

In England and Wales, compulsory employers’ liability insurance is governed by the Employers’ Liability (Compulsory Insurance) Act 1969. Northern Ireland has its own legislation, principally the Employer’s Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972. 

The Order requires employers to maintain insurance for employee injury and disease claims arising from employment. It also includes provisions relating to defective equipment, meaning employers may remain liable in certain circumstances even where a defect originated with a third-party manufacturer or supplier. 

For businesses operating across both jurisdictions, insurance arrangements should reflect these separate statutory requirements. 

 

  1. Public Liability

Public liability insurance is not generally compulsory in either jurisdiction, with cover usually driven by contractual, commercial or regulatory requirements. 

While the underlying principles are similar, the legal framework differs. For example, occupiers’ liability in Northern Ireland is governed by the Occupiers’ Liability (Northern Ireland) Order 1987, whereas England and Wales operate under the Occupiers’ Liability Acts 1957 and 1984. 

As a result, the legal basis for establishing liability may vary depending on the circumstances of the claim and the jurisdiction involved. 

 

  1. Procedural Differences

One of the most significant practical distinctions is the pre-action process. 

Unlike England and Wales, Northern Ireland does not operate an EL/PL Claims Portal. Instead, claims proceed under the Northern Ireland court rules and the Pre-Action Protocol for Personal Injury Litigation. 

For claims handlers, this requires a different approach to pre-litigation engagement, information exchange and case progression. 

 

  1. Quantum and Damages

The principles for assessing damages are broadly aligned but Northern Ireland follows its own guidance, the Guidelines for the Assessment of General Damages in Personal Injury Cases (the “Green Book”). 

Awards can exceed those seen in England and Wales for lower-value injury claims, making accurate reserving and early claim assessment particularly important. 

 

  1. Costs and Claims Strategy

Northern Ireland operates under a distinct costs framework and is not subject to the extensive fixed recoverable costs regimes familiar in England and Wales. 

County Court costs are assessed under the Northern Ireland County Court Scale, compared to High Court costs which are either agreed or referred for taxation. This creates a less predictable costs environment and influences overall claims strategy. 

In Northern Ireland, it’s therefore key to make early decisions on liability, expert evidence, settlement opportunities and litigation strategy based on the Northern Ireland procedural and costs framework, rather than assumptions based on England and Wales. 

 

HF are on hand to assist with any NI EL/PL queries. For more information, please contact Francine Quinn, Associate Partner.