Consider the immediate post-incident issues
- assess the legal implications of the incident as soon as possible, in particular the issues necessary to defend any claim against your organisation
- consider whether you may be able to seek recovery from third parties, such as contractors or even employees
- review lease and other relevant documentation (such as construction contracts and collateral warranties) to assess the potential exposure to civil liability (eg for losses or to make good physical damage)
- make sure you understand the steps you need to take to preserve and collect any evidence that may be required for an investigation or litigation
- consider using external counsel to instruct any experts you may wish to use. Any reports experts may produce could be disclosable in subsequent criminal prosecutions or in civil litigation, but may be protected by litigation privilege where they are produced in connection with contemplated proceedings
- review your response plan to establish whether any changes need to be made following the incident (see Developing and implementing a Response Plan)
- assess parties’ rights and obligations (as either the landlord or the tenant in a leasehold property) in respect of reinstating/repairing damage, suspension of rent and ability to terminate the lease following damage or destruction of the property
- review the disaster recovery space you had available and reassess provision in light of your experience
