Latest Legal Articles from Forbes Solicitors

Retail

Claimant Fails to Prove Mechanism of the Accident

05 Apr 2016

Davies v ASDA Stores Ltd Pontypridd County Court The Claimant alleged that she was shopping in the bakery section of the store when she bent down to pick up a pie from the bottom shelf; as she stood up and turned to put the item in her trolley, her foot is said to have caught on a piece of…

Man Walks Into A Door!

05 Apr 2016

Smith v Co-operative Group Ltd Warrington County Court - DDJ Holligan The Claimant visited a store owned by the Defendant. He alleged that as he approached the automatic door at the entrance to the store that the door failed to open properly. The Claimant walked into the door just after it had…

Vicarious Liability - Supreme Court Hands Down Long Awaited Judgments

08 Mar 2016

The Supreme Court has today published its long awaited judgments on two cases: Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11 and Cox v Ministry of Justice [2016] UKSC 10. In the case of Mohamud v WM Morrison Supermarkets plc , the Supreme Court was asked to consider the test for vicarious…

Unbe-leaf-able Claims Fails

02 Mar 2016

Naylor v Asda Barnsley County Court - DDJ Robinson The claimant alleged that whilst shopping she slipped on a single leaf in the foyer area of the store and sustained an injury. The Judge considered whether or not the system adopted by the defendant was adequate and reasonable. The Judge…

Civil Courts Structure Review - Interim Report Published

02 Mar 2016

Lord Justice Briggs has published an interim report following his initial review into the future structure of the Civil Courts. The report is intended to accompany the HMCTS court reform programme currently being undertaken by the Ministry of Justice. The central assumption of the report is that in…

Part 36 Offers Trump Fixed Costs

02 Mar 2016

After a number of conflicting decisions on this issue, the Court of Appeal has determined whether fixed costs apply if a claimant beats its own Part 36 offer under CPR 45 Section IIIA. In the appeals of Broadhurst v Tan and Taylor v Smith [2016] EWCA Civ 94, the respective RTA claims had fallen out…

Employers Liability - Kennedy v Cordia (Services) LLP

02 Mar 2016

Kennedy v Cordia (Services) LLP (Scotland) [2016] UKSC 6 Mrs Kennedy was employed as a home carer. Her work involved visiting clients in their homes and providing personal care. In December 2010, at around 8pm, she was required to visit an elderly lady. There had been severe wintry conditions in…

Civil Courts Structure Review - Interim Report Published

28 Jan 2016

Lord Justice Briggs has published an interim report following his initial review into the future structure of the Civil Courts. The report is intended to accompany the HMCTS court reform programme currently being undertaken by the Ministry of Justice. The central assumption of the report is that in…

Insurance Fraud Taskforce - The Final Report

21 Jan 2016

The Insurance Fraud Taskforce has published its much anticipated final report. The extensive report represents the culmination of the Taskforce's year-long review into insurance fraud. The report contains a number of targeted recommendations aimed at tackling fraud. The most notable recommendations…

A Guide to the New 2015 Rehabilitation Code

22 Dec 2015

A new Rehabilitation Code is operational from Tuesday 1st December 2015. The Code is voluntary but the personal injury pre-action protocol provides that its use should be considered for all types of PI claims. The Code is intended to promote collaborative use of rehabilitation and early intervention…

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Claimant Fails to Prove Mechanism of the Accident

The Claimant alleged that she was shopping in the bakery section of the store when she bent down to pick up a…

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