Archived Legal Articles from 2014

Insurance

December

Well Prepared Case is the Secret to Small Claims Success

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…

Claim found to be out of step!

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.…

Part 36 - The Only Way is....

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…

Slip on Black Ice Claim - Defence of 'reasonable practicability' Made Out

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…

Tis the Season for Snow and Ice Claims

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…

Large Loss Department continues to expand at Forbes Solicitors

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…

Post-Portal PADs - Fixed Costs

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…

Claimant Who Walks into Barrier is "Author of his Own Misfortune"

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…

Failure to Provide PPE Claim Fails

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…

Snow problem: icy conditions underfoot not the defendant's responsibility

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…

Occupiers Cases - The System of Inspection Must be Effective!

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…

Fundamental Dishonesty

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…

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November

Home Grown Insurance Talent Promoted to Partner

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…

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October

Inconsistent Claimant Loses Highway Claim

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…

Court Finds No Requirement for Roads to be Perfect

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…

Spotlight on Provisional Assessment

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?…

Calderbank or Part 36 Offers?

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…

Mesothelioma Funding Reform Put On Hold

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…

Part 36: Make A Second Offer Or Vary The First?

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…

Trio Qualify as Solicitors

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…

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September

No Cause of Action Against Housing Association

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…

"Smile! You Have Been Caught on CCTV"

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…

"The Answer is Not to Sue the Council"

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…

Claims against Social Services Seminar Follow Up

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…

Employers Liability Update - Vicarious Liability

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…

No Duty Owed by Local Authority after Failure to Maintain Street Lighting

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…

Eleven People Arrested in Nationwide PI Fraud Raid

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,…

A Good Week for Forbes!

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…

Claimant's Slushy Account Causes Claim to Fail at Trial

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…

Upcoming CPR changes - Part 36

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…

QOCS - Defeat from the Jaws of Victory

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…

Part 36 - Judge Declines to Order Additional Uplift Payment

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…

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August

The Supreme Court Rules That Success Fees and ATE Premiums May Be Illegal

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…

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July

Success by the dozen! A good week for clients of Forbes

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…

Post-portal PADs: fixed costs

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-…

Trampolining Claim Bounced Out Of Court

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…

Limitation periods - Malone v Relyon Heating Engineering Ltd

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,…

The 'Chilling Effect' of Woodland v Essex County Council?

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…

Basket Holders At The End Of Checkouts Not Dangerous

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…

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June

Claimant Solicitor's Evidence Trips up Claim at Trial

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…

What is "Fundamental Dishonesty"?

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…

"Never Mind The Bollards"

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…

Retail Claim Success

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…

The Jackson Effect - One Year On

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…

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February

Successful Defence in School EL Tyre Claim

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…

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January

Three Promoted at Forbes

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…

Nigel Gains Higher Rights of Audience, Extending Forbes' Seamless Offering

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…

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17 May 2018

Insurance

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Repair Time Challenge Fails

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