Archived Legal Articles from 2013

Insurance

December

Limitation & The Substitution of Parties in RTA Claims

05/12/13

Nemeti & Ors v Sabre Insurance Co Ltd [2013] EWCA Civ 1555 The Court of Appeal recently handed down Judgment in the case of Nemeti & Ors v Sabre Insurance Co Ltd. The case arose following a personal injury claim brought by the Claimant, a passenger in a car involved in a RTA in Romania. The…

2014 - The Challenges Ahead with Jack Straw MP

02/12/13

9.30am - Friday 6th December 2013 - Manchester Town Hall Now fully booked. Aon, Forbes and RMP are pleased to invite you to our annual conference on claims issues which this year will look at some of the challenges ahead. We are pleased to say that Jack Straw MP the former Home Secretary and Minister…

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November

Relief from Sanctions Post Jackson

29/11/13

Andrew Mitchell MP v News Group Newspapers Ltd [2013] EWCA Civ 1537 Summary Judgment was handed down earlier this week in the eagerly anticipated case of Mitchell v News Group Newspapers. The case has received a large amount of attention, not only as it arises from the "plebgate" scandal, but because…

Employers' Liability Claim Defence Success

28/11/13

Forbes have recently successfully pleaded fraud against an individual who claimed he sustained serious injury due to an accident at work. The Claimant's case was that he had injured his knee, which ultimately required surgery, when he fell from his works van whilst accessing the rear via the back…

Strike Out and Committal Following Exaggerated Claim

15/11/13

HOMES FOR HARINGEY V FARI & FARI 31ST OCTOBER 2013 In recent years the Court has wrestled with applications from Defendants to seek a strike out and other appropriate sanctions on cases where there has been evidence of gross exaggeration. Recent cases suggest that the Court may be more willing to…

Forbes Voted Best Legal Company For Second Year Running

08/11/13

Forbes Solicitors triumphed at the Lancashire Business Awards to walk away as Best Legal Company for the second year running. The awards, organised by business lobbying group Downtown Lancashire in Business and held at Stanley House Hotel, honour the most successful entrepreneurs and high growth…

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October

Non-Delegable Duties Extended Following Supreme Court Judgement

24/10/13

Woodland v Essex County Council 23rd October 2013 Over the last year the responsibilities of Defendants in civil cases have extended in several areas. The recent cases on vicarious liability have been at the forefront of developments in the law. These cases have extended the traditionally accepted…

Claimant awarded compensation for horse bite under Animals Act 1971

01/10/13

Amanda Tapp v (1) Trustees Of The Blue Cross Society (2) Kerry Palmer (2013) CC (Northampton) (Recorder Verduyn) 15/05/2013 The Claimant claimed damages for personal injury sustained when she was bitten by a horse owned by the first defendant charity which had been loaned to the second defendant…

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September

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July

Claim not in the "spirit of the game"

31/07/13

Azhar Mahmood v Bolton Council (17th July 2013) Manchester County Court - Recorder Halliwell. In the run up to the Third Ashes Test match at Old Trafford, Manchester, Forbes Insurance department in conjunction with Zurich Insurance recently had its own cricketing victory in Court by successfully…

31st July 2013 - The Rules Are Here

19/07/13

The 65th amendment to the Civil Procedure Rules, which brings in the extension to the portal to Employers and Public Liability cases up to £25,000 and the subsequent fixed cost regime, has finally been approved and released. The extension will come as no surprise as the information as to how the…

Retail Sector Appointment for David Pickford

16/07/13

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

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May

Jackson - Courts Issue Clear Warnings About Views on Breaching CPR

31/05/13

In recent weeks the cases of Venulum Property Investments Ltd v Space Architecture & Others [2013] EWHC 1242 (TCC), and Fons HF v Corporal Ltd [2013] EWHC 1278 (Ch) have allowed the Courts to issue stark warnings about the stricter approach to relief from sanctions which Judges will take…

Ridwaan Awarded Higher Rights Of Audience

16/05/13

Forbes' Insurance Team is now able to offer a seamless service from the outset to conclusion of a case after Ridwaan Omar gained his Higher Rights of Audience Advocacy qualification. Ridwaan is a Partner and member of the firm's Serious/Complex Claims Unit and acts on behalf of Local Authorities and…

The Limitation Act 1980 - A Well-Timed Reminder

16/05/13

Collins v Secretary of State for Business Innovation and Skills (1) Stena Line Irish Sea Ferries Ltd [2013] EWHC 1117 (QB) As a Defendant, raising a defence that a Claimant's claim is statute barred due to the limitation period having expired often seems like a rather pointless exercise. The feeling…

Bowers Returns To Forbes

13/05/13

The Insurance Team at Forbes Solicitors has expanded with the appointment of Kella Bowers. Kella, an Associate Solicitor, has re-joined the Forbes' Insurance Department and is based at the firm's Blackburn office. She previously trained and qualified with the firm before assisting in setting up the…

Promotions at Forbes

07/05/13

Forbes Solicitors is pleased to announce the appointment of two new Partners and four Associates as part of its continued growth. Jonathan Holden and Leonie Millard from the Employment and Personal Injury departments respectively have both been promoted to Partner. Gregory Poole from Wills,…

Guidance on status of COP for Highways

02/05/13

Appeal Court Provides Guidance on Status of Highway Code of Practice for Well Maintained Highways Devon County Council v TR (2013) Court of Appeal 30th April 2013 The Court of Appeal provided further guidance to highway authorities in finding that the 'Code of Practice (COP) for Well Maintained…

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April

Qualified One Way Costs Shifting (QOCS)

15/04/13

A crucial part of the Jackson reforms is the introduction of qualified one way costs shifting (QOCS). QOCS represents a significant departure from the current regime and is designed to prevent the disproportionate costs of litigation. From 1st April 2013, Claimants will no longer need to take out After…

Part 36 - Post 1st April 2013

10/04/13

From 1st April 2013, the Part 36 rules will change once again. Part 36 of the CPR governs the rules for making a formal offer to settle a claim. Where a party makes a Part 36 offer, there are certain cost consequences. Under the old rules, a Claimant could make an offer to settle a claim and where the…

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March

Recovery of NHS Charges - Tariff and Cap Increases

26/03/13

The Department for Work and Pensions have released details of the annual increase in the NHS tariff and ceiling on charges. The increase will take effect from 1st April 2013. The increases will apply only to injuries sustained on or after this date. Please find attached the following table which can be…

Calderdale's Gritty Success

11/03/13

Forbes have recently successfully defended a claim brought against Calderdale MBC arising as a result of an accident on 5th January 2009. The Claimant's car had skidded on ice causing her to collide with a fence, sustaining both damage to her vehicle and personal injury. The highway in question was a…

Forthcoming Changes to the Civil Procedure Rules

06/03/13

The 60th Update to the Civil Procedure Rules introduces changes in a number of areas. The key changes to be implemented on 1 April 2013 are as follows: · Overriding Objective - the overriding objective of the rules is strengthened to enable to the courts to deal with cases justly and at…

Durham County Council v Dunn - Disclosure In The Real World

04/03/13

The recent case of Durham v Dunn has been lauded, particularly by the claimant's representatives, as a new dawn in disclosure practice. However does it provide the safeguards for Local Authorities and public bodies that those reporting its findings purport? The case relates to the disclosure of social…

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February

Jackson Update: Portal Details Released

28/02/13

Yesterday the Ministry of Justice published its consultation response on the "Extension of the Road Traffic Accident Personal Injury Scheme: proposals on fixed recoverable costs", 4 weeks prior to the anticipated commencement of the Jackson reforms. Justice Minister, Chris Grayling set out the…

Free Retail Seminar - Claims Issues In the Retail Sector

27/02/13

The Met Hotel, Leeds, 15th March 2013 Profesor Malcolm Jayson, Consultant Rheumatologist, and expert in pain conditions, will be the keynote speaker at Forbes' claims update aimed specifically at the Retail Sector. He will focus on pain conditions in injury claims, which is an area of growing concern…

Vasey v Cooperative Group Ltd

14/02/13

The facts of Vasey v Cooperative Group Ltd were considered by Deputy District Judge Temple at the Newcastle upon Tyne County Court on 7th February 2013. Mr Vasey visited the Somerfield Store in Ryton, Tyne and Wear on 9th September 2009 and unfortunately, slipped on a broccoli leaf in the produce…

Gritty Defence Brings Victory For Local Authority

01/02/13

Barbara Williams -v- Conwy County Borough Council District Judge Thomas Forbes successfully defended a claim against Conwy County Borough Council in a claim for personal injuries when a member of public slipped on a pedestrianised road in Colwyn Bay, in the week leading up to Christmas in 2010. The…

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17 May 2018

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