07 Oct 2021
This article explores the recent case of Blackpool Football Club Ltd v DSN [2021] EWCA Civ 1352 which in which the claimant sought to expand further the way in which a defendant can be found to be vicariously liable for the actions of non-employees. The claimant brought an action in the High Court…
Insurance
07 Oct 2021
Forbes successfully defended a claim arising out of an alleged tripping accident and obtained a finding of fundamental dishonesty despite the judge finding that the claimant's witnesses did not "present as dishonest". However, he found that the claimant did seek to mislead the court, and…
Insurance
07 Oct 2021
In what was a strange day, and in circumstances that could only happen with a remote trial, a claimant has avoided fundamental dishonesty finding against her by what our local authority client's barrister described as "the skin of her teeth". Ms Head claimed to have tripped on an…
Insurance
07 Oct 2021
We acted for Gwynedd Council in a claim brought by Mrs Berry. She and her husband were on a day trip to Criccieth. They decided to walk towards a breakwater, which is a large concrete structure and can be accessed by a concrete path as shown in the following photograph. Its purpose is to protect the…
Insurance
07 Oct 2021
The Master of the Rolls, Sir Geoffrey Vos, has confirmed that from the 1 October 2021 new guideline hourly rates recommended by the review undertaken by the Civil Justice Council (CJC) published in April 2021 , will come into use in the civil courts. It is expected that there will be a further review…
Insurance
07 Oct 2021
We have long been waiting for the Government's response to their Consultation on the extension of FRC in civil cases in England and Wales, following Sir Rupert Jackson's 2017 recommendations. He and the Government have expressed their desire to expand the application of FRC in order to control…
Insurance
21 Sep 2021
This article explores the recent case of Blackpool Football Club Ltd v DSN [2021] EWCA Civ 1352 which in which the claimant sought to expand further the way in which a defendant can be found to be vicariously liable for the actions of non employees. The claimant brought an action in the High Court…
Insurance
28 Jul 2021
Forbes recently successfully defended a claim brought against our client, Brean Theme Park. The claimant was employed as a ride operator and was working on a roller coaster when he said his accident occurred. He alleged that he was required to slow the ride carts down by hand to stop them crashing…
Insurance
28 Jul 2021
CPR Part 45 section IIIA provides that claims which are initially submitted to the MOJ protocol but then exit the process are subject to fixed costs. This remains the case even if settlement is agreed in excess of £25,000 provided the matter has not been allocated to the multi-track as made…
Insurance
28 Jul 2021
YXA v Wolverhampton follows HXA v Surrey CC and DFX v Coventry and further examines the duty of care owed to children in a social care context. All three have been determined in favour of the Local Authority in question. The detailed exposition of caselaw in YXA is important as it carefully…
Insurance
