Forbes Solicitors
Insurance eNews
May 2021

Claimant's errors on issue lead to successful strike out

 

Hotel chain fined after a guest fell 6 feet through rusty railings

 

£120,000 Fine for Manufacturing Company Following Machine Incident


Claimant's errors on issue lead to successful strike out

A recent County Court decision we ran on behalf of our client, the Co-operative Group Ltd, shows the importance of carefully considering procedural points when served with proceedings.

Whilst judges have cautioned time and time again against taking petty procedural points, the Claimant's solicitors in this matter got so much wrong that it was important to challenge them.

 

Failure to remove and the common law: DFX and Others v Coventry City Council 2021 EWHC 1382 (QB)

DFX v Coventry City Council was one of the first trials of a Social Services 'failure to remove' claim in the High Court following the Supreme Court decision in CN and GN v Poole BC in June 2019.

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Hotel chain fined after a guest fell 6 feet through rusty railings

Failing to adhere to health and safety standards can be a very costly mistake to make, as the owners of the Britannia Hotel in Southport recently found out.

The hotel chain was fined £80,000 after a guest sustained life-changing injuries when she fell through rusty iron railings to a lightwell below.

 

Manufacturing company fined after an apprentice suffers life-changing injury

A manufacturing company has been fined after an apprentice's hand was caught in machinery.

A 17-year-old apprentice, who had been working at Amber Industries Limited in Oldham for 18 months, was reaming workpieces using an unguarded pillar drill whilst wearing gloves.

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Pub owner jailed over boy's electrocution death

A pub landlord has been handed a nine-year prison sentence for gross negligence manslaughter after a child was electrocuted in a beer garden.

Harvey Tyrell, 7, died from an electric shock after he touched a defective lighting fixture at the King Harold pub in Romford, Essex, on 11 September 2018.

An investigation found that while playing with a friend in the garden at the pub, Harvey had sat on a light and touched a railing causing an electric shock that proved fatal.

 

Case analysis - Dynamic Risk Assessments

What is needed to enable a defendant to successfully say that they relied on a dynamic risk assessment rather than to have specifically risk assessed every task?

This question arose in two cases over the last 6 months that help identify the issues that need to be considered.

The first is the County Court decision in Galvin v Chief Constable of Thames Valley decided in February 2021.

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£120,000 Fine for Manufacturing Company Following Machine Incident

A Lancashire based manufacturer of plastic-coated fabrics has been fined after an employee's hand was drawn into an unguarded part of a machine, resulting in the surgical amputation of three fingers.

Manchester Magistrates' Court heard that on 20 August 2019, a machine operator at the Earby site, was carrying out work activities on a large embossing machine, known as the Briem machine when his hand became drawn into the nip point between two counter-rotating rollers; referred to as the shell and the bole.

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