Archived Legal Articles from 2015



A Guide to the New 2015 Rehabilitation Code


A new Rehabilitation Code is operational from Tuesday 1st December 2015. The Code is voluntary but the personal injury pre-action protocol provides that its use should be considered for all types of PI claims. The Code is intended to promote collaborative use of rehabilitation and early intervention…

Don't Push It!


Hobbs v Guy's And St Thomas' NHS Foundation Trust [2015] EWHC B20 (Costs) Following a provisional assessment where the claimant's costs were reduced by two thirds from £32,329.12 to £9879.34 the claimant sought a post provisional assessment. At the post provisional…

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Egg-cellent Result!


Learoyd v Co-operative Group Ltd - Halifax County Court The claimant attended the defendant's store to pick up an Easter egg which was being donated by the store. The claimant alleged that she slipped whilst walking over an area of floor. She claimed that she did not know of the spillage prior…

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New Guidelines for the Assessment of General Damages Published


The Thirteenth Edition of the Judicial College Guidelines has been published. The JC Guidelines are usually the first port of call when assessing general damages in personal injury claims. Brian Langstaff provides the introduction to the guidelines, he comments on a number of noteworthy changes.…

Fixed Costs Apply to RTA Case Transferred to the Multi Track


Shahow Qader & Ors v Esure Services Ltd (2015) QBD (TCC) A Judge has ruled that fixed recoverable costs should apply to RTA cases which start in the portal and are then transferred to the multi-track. At first instance, the district judge ordered that fixed costs would apply on the basis…

Lost in Translation


Coventry County Court - 25/09/2015 A judge dismissed an employers' liability claim after the Claimant had failed to include a translation clause in her witness statement. The claimant brought a claim against her employer, after she allegedly sustained a personal injury when the claimant…

Recognition for the 'Flawless' Forbes Insurance Team in The Legal 500


Legal 500 has published its latest results and we are delighted to announce that the Insurance Department has been recognised as a 'flawless' department. In the recent publication, Legal 500 hails the 'straightforward' approach that the Forbes Insurance department prides itself on,…

Retail Legal Update Seminar Follow Up


There was a fantastic turn out for the annual Retail Legal Update Seminar at the Met Hotel on Friday 11 th September with retail clients and insurers in attendance. Speakers included Chris Booth who provided an update on fraud issues in the retail sector focusing on fundamental dishonesty, Medco…

The Supreme Court to Consider Whether a Settled Case Can be Re-Opened


The Court has given leave for the case of Hayward v Zurich Insurance Company PLC to be appealed to the Supreme Court. Earlier this year, the Court of Appeal considered whether a claim settled by Tomlin order could be re-opened on the basis of fraud. The Claimant had brought an employers'…

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Up on the Roof - Employee on a frolic of his own!


Smith v Asda Stores Ltd - Bournemouth and Poole County Court The Claimant brought a claim against his employer, Asda, after falling from the top of a home delivery vehicle. Prior to the accident there had been some larking around in the depot and a baseball cap had been…

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Spencer v Asda Stores Limited


Birmingham County Court The claimant alleged that she sustained an injury whilst visiting an Asda store. It was claimed that she entered an aisle in the George clothing department looking for slippers and in doing so; she tripped over a metal bar that had been left lying on the floor of the aisle.…

A Case of Health and Safety Gone Mad!


West Sussex County Council v Kim Fuller (2015) [2015] EWCA Civ 189 CA (Civ Div) (Moore-Bick LJ, Tomlinson LJ, Sir Robin Jacob) 12/03/2015 An employee brought a claim following an injury at work. The claimant had been a receptionist at one of the local authority's offices. She had been asked to…

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No Spillage, No Claim


Cheryl Wozny v ASDA Stores Ltd Manchester County Court - Recorder Elleray QC 10 April 2015 Forbes has successfully defended a claim on behalf of ASDA Stores Ltd. The Claimant alleged that whilst shopping one morning at her local store she slipped in a crossing aisle sustaining an injury…

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Further Clarity Provided on Vicarious Liability


In the recent case of Paul Graham v Commercial Bodyworks Ltd (2015) EWCA an employer was found not liable for injuries sustained by an employee whilst engaging in dangerous 'horseplay' at work. Mr Graham worked in a body work repair shop, he sustained serious injuries when his overalls…

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Frostbite claim defended at trial


Gremzbe v The Co-operative Group Coventry County Court A claim for personal injury was dismissed by the Court in this recent case for The Co-operative Group. The Claimant, a Warehouse Picker alleged that she suffered frostbite after being required to work in sub zero temperatures. The…

Claimants Claim Picked Off by Major Retailer


Leicester County Court The Claimant alleged that whilst acting in the course of his employment as an order picker at a major retailer, he was using a hook to pull a product forward on the bottom level of racking, when the hook allegedly got stuck in rollers causing the Claimant to sustain personal…

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05 Apr 2016



Claimant Fails to Prove Mechanism of the Accident

The Claimant alleged that she was shopping in the bakery section of the store when she bent down to pick up a…

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