Archived Legal Articles from 2011



"Falls Do Happen"


Lawless v Co-operative Group - 1 November 2011 District Judge Willis Forbes successfully defended a claim for the Co-operative Group Ltd in respect of an accident in its store premises in Weymouth in June 2009. The Claimant alleged that she had slipped on a grape in the fresh produce aisle in the store…

Council Succeed in EL Claim Involving Mower & Flying Stone


Halsall v Wigan Council - 2nd December 2011 Forbes successfully defended a claim for Wigan Council in respect of an accident at an Infant School. The Claimant was employed by the Defendant as an assistant gardener and was required to use a wheeled rotary mower. Whilst using the mower to cut grass,…

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New Trainees at Forbes Solicitors


Four new trainee solicitors have recently been welcomed to Forbes Solicitors, beating off competition from hundreds of other applicants. Leanne Smith, Emma Waite, Nick Pickup and John Pickervance will be embarking on a two-year training contract with Forbes which will see them qualify as solicitors in…

Claimant & Witnesses Are Jailed For Providing Untruthful Witness Statements


The Queens Bench Division of the High Court delivered on 5 October 2011 a judgment in the case of Lane v Shah and was required to consider the length and severity of sentence for Contempt of Court. The first Respondent was Mrs Shah and the second and third Respondent's her husband and daughter, who…

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Facebook Leads To Claimant's Downfall


Craig Shoreman v Tameside MBC & Another- 20/21 September 2011 Recorder Berkley - Manchester County Court Forbes Insurance Department represented Tameside MBC in a claim brought by the Claimant who alleged that he had suffered injuries as a result of a tripping incident in 2007. The Claimant…

Trainees qualify at Forbes


Lancashire law firm Forbes Solicitors is pleased to announce three of its trainee solicitors have now fully qualified after completing their two year training contracts with the firm. Lucie Cocker joins the Property team and Sam Gorrell joins the Housing team, both based at Preston. Julia Krier will…

Client Recognition Leads To Lucky 13 For Forbes


Forbes Solicitors has once again reaffirmed its place as the leading law firm in Lancashire thanks to outstanding feedback and testimonials from clients. The Legal 500 is based solely on client comments and observations regarding the level of service and advice received from their legal…

Claimant Mowed Down By Grass Clippings


Liane Walsh v. Rochdale MBC - 14 September 2011 Deputy District Judge Wilson - Oldham County Court Forbes Insurance department successfully represented the Defendant in a trial where the claimant alleged that she had slipped on grass clippings left on the pavement. Briefly, Rochdale MBC had…

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Insurance Promotion at Forbes


Forbes Solicitors is pleased to announce the promotion of Olivia Hart to Associate Solicitor. Olivia is part of the specialist Insurance team which currently acts for a number of the UK's leading insurers. She undertakes work for both private and public sector clients including Employer's…

Employers' Liability And Interpretation Of Workplace Regulations


The Court of Appeal on the 27th July 2011 delivered a judgment in the case of Broadfield v Meyrick Management Limited and was required to consider whether an employer had been in breach of its duty to provide a suitable and sufficient handrail along the entire length of a staircase. Briefly, while…

Claimant fails to prove her case and blamed it on her Solicitor…


Stephenson v Salford City Council - DJ Latif - July 2011 Forbes Insurance department successfully represented the Defendant in a highway tripping claim which proceeded to trial. Briefly, the Claimant alleged that she tripped and fell into a pothole on the 2nd May 2009 whilst crossing a road…

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'Clean as you go' Vindicated at trial…


Price -v- Co-operative Group Ltd Llanelli County Court - 22nd July 2011 - District Judge Garland-Thomas Forbes successfully defended an Occupiers Liability claim at trial on behalf of the Co-operative Group Limited. Briefly, the facts involved a Claimant who alleged that when she attended…

Prepare To Fail


Cusimano v Calderdale MBC - DJ Hawksworth - July 2011 Forbes Insurance Department represented Calderdale MBC in a claim brought by this claimant who alleged that she suffered injuries as a result of a tripping incident at 8pm on 31 January 2009. The claimant was put to strict proof that the accident…

Motorists encouraged to sound their horn to warn children of their presence


The Court of Appeal has provided guidance to motorists who find themselves in an area where young children are in effect using the road as a playground. Dame Janet Smith delivered the leading judgment in the case of O'Connor V Stuttard (19 July 2011). Briefly the facts involved, S who…

Stark warning to Fraudulent Claimants


The Court has recently sent out a stark message to Claimants where they seek to bring civil proceedings for personal injury and then verify inflated and dishonest witness statements with a statement of truth. In the case of Edward William Nield and Acromas Insurance Co Ltd v (1) Graham Jefferey…

Interference of hydrant covers on the highway


Potts v Salford City Council & Another - HHJ Armitage QC - June 2011 Forbes successfully defended a claim for a Highway Authority in respect of an incident whereby the Claimant sustained serious injury following a trip in April 2007 caused by a missing water hydrant cover. The Claimant produced…

Rainy Days At School…


Lord Justice Jackson delivered the leading Judgment in the Court of Appeal in the case of Hufton v Somerset County Council on the 7th July 2011. The case concerned a 15 year old pupil who during a school break had entered the school hall because it began to rain and slipped on a patch of wetness. The…

Guidance on rocking flags on the highway


Whilst there have always been some first instance decisions on rocking flag defects, the decision by the Court of Appeal in the case of Dalton v Nottingham County Council on the 6th July 2011 delivered a judgment as to how highway authorities should deal with the issue of dangerousness in such…

A Step Too Far


Byrne v Oldham MBC - District Judge Osborne - Oldham County Court Forbes has successfully defended an Occupiers Liability claim brought against Oldham Metropolitan Borough Council at trial. The Claimant had been using external steps at a local park when she tripped due to an irregular and increased…

I am sorry the Claimant fell but…


Bates v Bolton MBC and Walsh's Traditional Foods Lld District Judge Shaw Forbes has successfully defended an Occupiers Liability claim on behalf of Bolton Metropolitan Council. The Claimant alleged that he had slipped on some chicken fat coming from one of the market stalls whilst walking through the…

The test for dangerousness in s.41 highway claims?


Kent CC v Lawrence (22/6/11) QBD Mr Justice Eady The High Court has once again provided guidance for determining the test as to whether a defect constitutes a danger for the purposes of establishing a breach under s.41 Highway Act 1980. The Claimant had tripped over a manhole cover which protruded…

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Public Sector Appointment for David Pickford


Forbes Solicitors is pleased to announce that David Pickford, a Partner in the Insurance Department based at the firm's Leeds office, has been elected as Head of the Public Sector Focus Group for the Forum of Insurance Lawyers (FOIL). FOIL is the national organisation that represents lawyers acting on…

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Promotions for Four at Forbes


Lancashire law firm Forbes Solicitors is delighted to announce that Charlotte Mills, Katherine Milnes, Lachlan McLean and Gill Carr have been appointed as Associates of the firm. Charlotte is part of the Business Law team at Blackburn. Katherine is also based at Blackburn within the Insurance team.…

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15 Feb 2019



Claim Derailed By Compelling Statistics

The Claimant brought a claim following an accident on an amusement attraction. The attraction in question…

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