30/12/14
Turner v Rossendale BC District Judge Rouine - 6 th November 2014 In this small claims matter, the Claimant alleged that the Defendant visited a property owned and let by the Claimant and tampered with the boiler causing it to fail. The Claimant therefore claimed for the cost of a replacement…
30/12/14
Dalziel v Wigan & Leigh College Bolton County Court - District Judge Manasse The Claimant was a student at the College and alleged that whilst participating in a fitness class she stepped on to a mat whilst using a Stepper machine which slipped, causing her to fall and injure her ankle.…
30/12/14
Sugar Hut Group Limited & ORS v AJ Insurance (2014)[2014] EWHC 3775 (Comm)QBD (Comm) (Eder J) 19/11/2014 In this case the High Court considered the appropriate order for costs following judgment on quantum in a claim following a fire at the Sugar Hut nightclub in Brentwood, Essex in 2009. The…
30/12/14
Burrows v Northumbrian Water Ltd [2014] EWHC 3305 (QB) [1] In February 2010 Mr Burrows accidentally fell on a patch of black ice and fractured his ankle. The accident happened in the course of his employment for Northumbrian Water whilst he was walking along a concrete access road. At the time of…
30/12/14
Tis the season for snow and ice claims, winter has arrived, and with the cold weather we can expect an avalanche of the usual slipping and falling claims. Local authorities, occupiers and employers need to take steps to prevent accidents and where accidents have occurred, be in a position to defend…
18/12/14
The Large Loss Department at Forbes has been further bolstered by the appointment of Partner John Myles. John joins the complex claims unit in the Insurance Department and will specifically focus on defending historic child abuse cases against local authorities. He has over 30 years…
02/12/14
Since the advent of fixed costs, Defendants and Insurers alike have seen Claimant solicitors utilise ever changing methods to try and ensure that turnover remains high. Pre-action disclosure applications (PADs) are becoming more and more regularly tapped. Claimant solicitors are trying to circumnavigate…
02/12/14
Barnsley v Burnley Borough Council Burnley County Court - District Judge Rouine Friday 7 th November 2014 The Claimant alleged he suffered a personal injury in August 2012. The Claimant contended that he was walking through a car park owned by the Defendant when he was struck by a…
02/12/14
Myers v Hull City Council District Judge Charnock Neal Forbes has successfully defended a claim at trial on behalf of Hull City Council. It was alleged by the Claimant that on 09 November 2009 whilst attending college and undergoing a course of tuition he sustained a personal injury. The…
02/12/14
Burrows v The Co-operative Group St Helens County Court - District Judge T J Gray On 06 January 2010, the Claimant slipped on ice on the pavement outside of a Co-operative food store. She claimed that the ice was caused by water ejected from the store's drainpipe. The Claimant alleged that…
02/12/14
Butcher v Southend on Sea Borough Council CA (Civ Div) (Kitchin LJ, Bean LJ) 30/10/2014 In this Court of Appeal case, it was found that to successfully defend a claim for breach of the Occupiers Liability Act, it is not sufficient for occupiers to claim that they operate a system of inspection…
02/12/14
After much debate in the House of Lords, the proposed clause 49 of the Criminal Justice and Courts Bill currently has been agreed. The Bill is expected to become law by January 2015 with the implementation date likely to be April 2015. The aim of Bill is to prevent fraudulent and perhaps more crucially…
28/11/14
Kella Bowers has been promoted to Partner at Forbes Solicitors, the firm where she began her career. Kella is part of the Large Loss Department within the Insurance Department which handles claims of a high financial value and of a complex nature. The Large Loss team…
30/10/14
14 th October 2014 at Bury County Court DJ Benson Forbes has successfully defended another claim on behalf of Bury Council at trial. The Claimant alleged that he suffered an accident on 20 November 2011 on a back street when his foot went into a hole in the footway. There were a number…
30/10/14
DJ Jackson - 8th October 2014 Wigan County Court Forbes successfully defended this matter at trial on behalf of Wigan Council. The Claimant sought damages for personal injury and loss arising out of an accident alleged to have taken place at 6.30am on 10 April 2013. The Claimant alleged that…
30/10/14
Forbes has successfully defended a claim on behalf of a major retailer where it was alleged that the Claimant had been manhandled by security guards and had sustained personal injuries. It was alleged that the action of the Defendant's staff was not proportionate and that the conduct of staff…
30/10/14
Provisional assessment was introduced as part of the Jackson reforms in April 2013. The procedure applies to all detailed assessment proceedings commenced in the High Court or County Court on or after 1 April 2013 where the amount of costs claimed is £75,000 or less. How does it work?…
30/10/14
Coward v Phaestos, Mindimaxnox, IKOS CIP Ltd and IKOS Asset Management Ltd (2014)[2014] EWCA Civ 1256 CA (Civ Div) (Moore-Bick LJ, Ryder LJ, David Richards J) 02/10/2014 The case of Coward v Phaestos concerned the order for costs at the conclusion of a hard fought intellectual property litigation…
30/10/14
In the case of R (on the application of Tony Whitston, Asbestos Victims Support Groups Forum UK) (Claimant) v Secretary of State for Justice (Defendant) & Association of British Insurers (Interested Party) (2014)[2014] EWHC 3044 (Admin) QBD (Admin) (William Davis J) 02/10/2014 the High Court found…
30/10/14
Part 36 has reared its head again. It is probably best surmised by DJ Ackroyd's opening remarks in the case of Burrett v Mencap Limited (2014) Portsmouth County Court 'One would have thought that Part 36, having been in existence for many years now every possible wrinkle in it would be ironed…
03/10/14
Forbes Solicitors is pleased to announce three Trainee Solicitors have now fully qualified after completing their two year training contracts with the firm. Lauren Smith joins the Commercial Property team at Blackburn; Jennifer Baines joins the Employment Department based in Preston whilst…
30/09/14
Drinkwater v Calderdale Metropolitan Borough Council, District Judge Heels Forbes has successfully defended another matter on behalf of Calderdale Metropolitan Borough Council. The Claimant brought a claim for personal injury after allegedly sustaining a serious injury resulting in a week's stay in…
30/09/14
Rankin v Cobalt Housing, Liverpool County Court - District Judge Wright Forbes has successfully defended a claim on behalf of Cobalt Housing. The Claimant alleged that she tripped on her mother's driveway, owned by Cobalt Housing, in 2012. No complaint was made to the Defendant at the time of the…
30/09/14
Natalia v Co-operative Group, DDJ Tomlinson, Willesden County Court On behalf of the Co-operative Group Ltd, Forbes has successfully defended a case which highlights the importance of retaining CCTV footage. In this case, the Claimant slipped at the entrance of a store based at a petrol station in…
30/09/14
Schofield v Bolton Council. Bolton County Court - District Judge Shaw The claimant, a minor, aged 8 at the time of the accident was allegedly playing on a set of train wheels set as a memorial and positioned in a local park. The two train wheels are attached by a bar. The Claimant jumped from the bar…
30/09/14
There was a fantastic turn out for the Forbes Social Service and Abuse seminar at the Renaissance Hotel in Manchester on 5th September with clients from both Local Authorities and Insurers in attendance. Speakers included our own Kella Bowers on deprivation of Liberty, Iain Bourne from the…
30/09/14
The law on vicarious liability has moved on after two recent Court of Appeal decisions, Mohamud v WM Morrison Supermarkets Plc [2014] EWCA Civ 116 and Cox v Ministry of Justice (Rev 2) [2014] EWCA Civ 132. Mohamud v WM Morrison Supermarkets Plc [2014] The issue was whether there was a sufficiently…
30/09/14
In the case of BB & BJ v Leicestershire County Council [2014] the court considered a claim by two sisters who alleged that they had suffered serious sexual abuse by foster parents whilst in the care of the Local Authority in the 1960's. Following adoption by those same foster parents, they…
30/09/14
McCabe v Cheshire West and Chester BC and BAM Nuttall Ltd The Claimant in the case of McCabe v Cheshire West and Chester BC and BAM Nuttall Ltd fell down a flight of steps on the highway. The accident occurred during the hours of darkness and the Claimant claimed that the streetlight intended to light…
30/09/14
The City of London Police Insurance Fraud Enforcement Department (IFED) has arrested eleven people for involvement in false or exaggerated personal injury claims. Sixty IFED officers made eleven arrests across the Country in the following areas: Cleveland, Essex, Greater Manchester, Lancashire,…
02/09/14
As reported earlier in the month, in a bumper week Forbes Solicitors successfully defended six claims at trial and negotiated the Discontinuance of six additional cases against various clients. These cases covered a wide variety of legal areas - Occupiers Liability, Employers Liability, Public…
02/09/14
Jones v Tameside MBC, Tameside County Court Forbes has successfully defended a claim at trial where it was alleged that upon crossing the road a Claimant fell on a deep hole/two grids in the road. Whilst the Judge found that the hole in the road was dangerous, he was left less than satisfied by the…
02/09/14
The Civil Justice Council has issued revised guidance for the instruction of experts here . Once the Guidance has been reviewed by the Civil Procedure Rule Committee it will be annexed to Practice Direction 35. There are very few substantive changes to the Guidance. Changes include: · where…
02/09/14
It has been reported that The Civil Procedure Rules Committee (CPRC) is currently considering a number of possible reforms to simplify Part 36. In a report to the CPRC, Ed Pepperall QC argued that Part 36 had become increasingly technical and offers under it were failing because the rules were being…
02/09/14
Qualified One Way Costs Shifting (QOCS) formed part of the recent reforms and was designed to afford Claimant's costs protection in the event their claim was unsuccessful. Whilst the implications between Claimants and Defendants have been well documented, the Court of Appeal confirmed that the…
02/09/14
In the case of Elsevier Ltd v Robert Munro (2014) [2014] EWHC 2728 (QB) QBD (Warby) 31/7/2014, the issue before the Court was whether the Defendant should be ordered to pay to the Claimant an additional 10% in costs pursuant to CPR 36.14(3)(d). Justice Warby dealt with this matter in a supplemental…
02/09/14
In the recent Court of Appeal case of Pervez Akhtar v Jordan Boland (2014) CA (Civ Div) (Gloster LJ, Floyd LJ, Sir Stanley Burnton), the Court confirmed that if a sum is admitted and accepted in a defence, it will reduce the amount in dispute, and the reduced sum will therefore determine which track the…
20/08/14
Following the Government's comprehensive spending review in 2011, Local Authorities suffered severe budget cuts. Since then Local Authorities have faced even tougher choices about the services they provide. The 2011 case of Wilkinson v York [2011] EWCA Civ 207 put further pressure on cash strapped…
19/08/14
In the recent case of Coventry and others v Lawrence and another (No2) [2014] UKSC 46, the Supreme Court took a surprising step and refrained from ordering the payment of a recoverable pre 1st April 2013 success fee and ATE insurance premium against a losing party declaring that the pre-Jackson right of…
25/07/14
The Insurance Department of Forbes Solicitors are pleased to announce that last week ending 18th July they successfully defended six claims at trial and negotiated the Discontinuance of 6 additional cases against various clients. These cases covered a wide variety of legal areas - Occupiers…
25/07/14
Since the advent of fixed costs Defendant's and Insurers alike have seen Claimant solicitors utilise ever changing methods to try and ensure that turnover remains high. It is well reported that abuse and medical negligence claims are on the increase however a lesser known source of regular income, pre-…
23/07/14
Wainwright v Salford City Council Judgement of HHJ Armitage QC - 17th June 2014, Manchester County Court Forbes recently successfully defended a claim at trial on behalf of Salford City Council. It was alleged that a pupil sustained a personal injury on 1st March 2006 whilst participating in a school…
23/07/14
In the case of Malone v Relyon Heating Engineering [2014] EWCA Civ 904 the issue before the Court of Appeal was whether the judge in the first instant case had appropriately disapplied the limitation period, pursuant to section 33 Limitation Act 1980. The claimant sought damages from his employer,…
23/07/14
Woodland v Essex County Council [2013] UKSC 66 The Supreme Court in a landmark ruling found that local authorities could be found liable for the negligence of third parties. The Claimant in the case of Woodland v Essex County Council suffered a severe brain injury after getting into difficulties…
23/07/14
The Social Action, Responsibility and Heroism Bill was introduced in the House of Commons on 12 June 2014. Subject to its parliamentary progress, the Bill is expected to receive Royal Assent by the end of parliamentary session in early 2015. The Bill is intended to protect "everyday heroes"…
23/07/14
Lewis v Co-operative Group Forbes has successfully defended a claim at trial on behalf of The Co-operative Group. The Claimant sustained a personal injury whilst visiting a Co-operative store after tripping over a basket holder positioned at the end of a checkout. The question before the Court was…
04/07/14
The judgement in three appeals regarding relief from sanction have been handed down this afternoon with some much needed guidance both for lawyers and the Courts on what will and will not be given relief from sanctions when a breach of the Civil procedure rules takes place. The Master of the Rolls,…
27/06/14
Adams v Wigan Council District Judge Mornington - 4th June 2014 Forbes successfully defended a claim at trial on behalf of Wigan Council. The elderly Claimant alleged that she tripped on an actionable defect whilst crossing a road. It was alleged that the defect measured at least 30mm. The Judge found…
24/06/14
What is "fundamental dishonesty"? Well fundamentally no one can really say. Surely, one is either honest or dishonest. The term comes from Civil Procedure Rules 44.16 (1). Under the new regime of "QOCS" (Qualified One-Way Costs Shifting) introduced in April 2013, a claimant is…
24/06/14
Forbes has successfully defended a claim at trial on behalf of Blackburn with Darwen Borough Council. The audacious Claimant attempted to claim damages from the Local Authority after colliding with a large granite bollard. The Claimant first drove past the offending bollard, ignored it, parked on…
17/06/14
Retail claim success - Jury dismisses an alleged shoplifters claim for wrongful arrest and false imprisonment Forbes has successfully defended at trial an unusual claim against a major retailer. It was alleged that a supermarket chain had unlawfully detained/ falsely imprisoned an alleged shoplifter…
12/06/14
The Jackson reforms were introduced in April 2013. It was intended that the reforms would radically overhaul the personal injury system. Over a year later, it is perhaps a little premature to assess the true impact of the changes. It is however fair to say with certainty that the reforms have…
10/02/14
Barton v Wigan Council - Wigan County Court - DJ Gordon Forbes has recently successfully defended an Employers' Liability claim following an accident with a piece of work equipment. The Claimant's case was that she had injured her finger when rolling a motorcycle tyre for a class of school children in…
15/01/14
Forbes Solicitors is pleased to announce the promotion of a new Partner and two Associate Solicitors, all of whom started their careers with Forbes. Pauline Rigby has been promoted to Partner within the Business Law team. She has been with Forbes for over 10 years and acts for clients from start…
14/01/14
Forbes' Insurance Team has added to its ability to offer a seamless service, providing advice from the outset to conclusion of a case, after Nigel McCloy gained his Higher Rights of Audience Advocacy qualification. Nigel is based at the firm's Leeds office and undertakes a wide range of Defendant…
15 Feb 2019
Insurance
The Claimant brought a claim following an accident on an amusement attraction. The attraction in question…
At Forbes Solicitors 'clients receive real personal attention from people who know their stuff. The team is hardworking and knowledgeable and is very comfortable with high-value claims'.
2018-19 edition Legal 500
Forbes Solicitors' 'professional, approachable and reliable' personal injury practice attracts praise for its 'traditional client-centric personal service'.
2018-19 edition Legal 500
With 'extensive knowledge' that 'inspires confidence', the department at Forbes is led by managing partner Martin Crabtree.
2014 edition Legal 500
The Team "Deliver a consistently high quality service across the board"
2010 Edition Chambers UK
It is easy to support organisations that I have complete confidence in. Excellent, fast, straight to the point work, no procrastination, which in turn means no racking up of fees.
Liability Operations Manager
During the ten years I have experienced with Forbes I have always without exception received a first class service.
Insurance Officer
Metropolitan Borough Council
You won the Tender based on talent and quality.
- report following successful tender for a Metropolitan Borough Council
I owe you and your colleagues a lot. I appreciate all the assistance you and Forbes have offered me both professionally and personally.
