Archived Legal Articles from 2015
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…
ABC v West Heath 2000 Ltd & Whillock  EWHC 2687 (QB
A Claimant has been awarded £25,000 by the High Court for the psychological harm caused to her by being encouraged to send explicit, sexual text messages and images of herself to the Vice-Principal and Child Protection Officer at a…
Hobbs v Guy's And St Thomas' NHS Foundation Trust  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…
O'Donnell v Bury MBC - Manchester County Court
In our July newsletter we reported that Forbes had successfully challenged an extortionate staged ATE premium. At the Detailed Assessment the staged premium had been knocked down from £14,747.25 to just £840. The Claimant subsequently…
The 2015 Rehabilitation Code is operational from Tuesday 1 st December 2015. A copy of the Code can be found here .
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…
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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…
Joynes v Wakefield and District Housing Ltd
The Claimant alleged that as he was exiting a property owned by the Defendant, he placed his right foot on the outside step and as he lifted his left leg over the lip, he caught his left foot and fell. It was alleged that the step and threshold was…
Allen v Warrington BC - Warrington CC
Opening question: "When did you first think that your fall might have been caused by a hole in the road?"
Claimant's answer: "I'm not sure exactly. It was some days later when I was replaying the accident in my mind".
Brahilika v Allianz Insurance Plc CC (Romford) (District Judge Dodsworth) 30/07/2015
A claimant who brought a claim for personal injury failed to attend his one day fast track trial because he was on holiday. The judge struck out the claim, disapplied QOCS and awarded the defendant its costs.…
Karl Worthington v 03918424 Ltd (2015)DR (Manchester) (District Judge Harrison) 16/06/2015
The court has sent a clear message that exaggerated claims will not be tolerated. In this matter, the parties were unable to reach an agreement over costs after the claimant accepted the defendant's Part…
The Court of Appeal has now handed down its judgment in this seminal case in the field of Social Services claims.
This was an appeal by the Claimant - NA - and a cross-appeal by the Local Authority - Nottinghamshire County Council - against the first instance decision of Males J. Males J found that…
Elias Hatia v Bolton Council
The District Judge diplomatically described this highway tripping claim as "a difficult case to try to determine". Whilst she commented that it is wrong to expect a case to be completely consistent and flawless, this case was riddled with inconsistencies and…
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A student at Myerscough College alleged that she had suffered a dog bite whilst on a work placement in a dog grooming salon. She alleged that she was using a hairdryer to dry a Shih Tzu called "Starry Eyes" when the dog suddenly turned round and bit her on the nose.
A claim was brought…
An updated Rehabilitation Code has been published. According to the Rehabilitation Working Party, the revised Rehabilitation Code provides " an approved framework for injury claims within which claimant representatives and compensators can work together ". Whilst the Code is voluntary, the…
The Forbes Social Services and Complex Claims Team has been nominated as Team of the Year at the Modern Law Awards. The winners will be chosen by a cross-industry panel of high profile judges and announced at a glittering ceremony at The Hurlingham Club, London on 19th November 2015.
The Team is…
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.…
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…
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…
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,…
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 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'…
In this interesting sports case (Thomas Bartlett v English Cricket Board Association of Cricket Officials (2015) CC (Wolverhampton) (Judge Lopez) 27/08/2015), a cricket player brought a claim against the English Cricket Board Association of Cricket Officials after he sustained an injury whilst playing…
Forbes' Insurance Team have been shortlisted for Defendant Personal Injury Team of the Year at the Eclipse Proclaim Personal Injury Awards 2015.
The Department, which includes the Social Services Team who scooped the Legal Services Team of the Year at the Claims Innovation Awards earlier this…
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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…
Hale -v- Wakefield and District Housing and Another
The Claimant brought a claim against the First Defendant alleging that he had tripped on a raised and defective paving stone in an alleyway whilst walking his dog.
From the outset of proceedings, Forbes on behalf of the First Defendant argued…
Palwankar v Lancashire County Council & Lancaster City Council | Lancaster County Court - His Honour Judge Baker
The Claimant alleged that she was walking under the arch of a bridge when she stumbled and fell on unlit steps sustaining a personal injury. A floodlight provided under the bridge…
MedCo is the new system to facilitate the sourcing of medical reports in soft tissue injury claims brought under the MoJ's Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents. It went live in April 2015.
After a matter of months, the MoJ is being forced to…
Casseldine v Diocese of Llandaff (2015) CC (Cardiff) (Judge Phillips) 03/07/2015
In this controversial decision, a regional costs judge has ordered that a claimant was entitled to the protection of QOCS even though she had signed an earlier pre- 1 st April 2013 CFA for the same injury.
In March 2015, the government implemented its controversial plans to increase civil court fees. Four months on and the government has launched a "Consultation on Further Fees Proposals". Government minister, Shailesh Vara commented that despite the fees already introduced, the court system…
Cavell -v- Transport for London  EWHC 2283 (QB) QBD (William Davis J) 30/07/2015
In this matter, the defendant Transport for London (TfL) applied to withdraw a pre-action admission of liability in a personal injury claim brought by a cyclist.
Mr Cavell alleged that he had sustained a…
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Forbes has recently successfully defended an unusual case at trial. The Claimant had parked his car outside a cemetery and had attempted to take his own life. A member of the public happened to notice something was wrong and contacted the Emergency Services just in time. The Claimant was admitted to a…
District Judge Gardner
During a visit to a local swimming pool the Claimant sustained an injury to her foot. She alleged that whilst she was in the sauna area of the establishment, her foot came into contact with a loose metal strip on a step. A claim was therefore brought pursuant to section 2 of…
In the matter of Jason Lowdon v Jumpzone Leisure UK Ltd (2015) EWCA Civ 586 a company operating a fun fair ride known as the "Hyper Jump" on Brighton Beach appealed against a first instance decision that the Claimant had suffered personal injury as a result of its negligence.
RXDX (By his mother and litigation friend) (Claimant) v Northampton Borough Council (Defendant) & DXDX (Third Party) (2015) EWHC 1677 (Admin) QBD (Sir Colin Mackay) 11/06/2015
In this tragic case, the Claimant by way of his mother brought a claim for damages against the local authority…
Middlesbrough County Court - DJ Keating
Forbes has successfully defended a housing disrepair claim at trial on behalf of Livin Housing Limited. The Claimant alleged that she was in the garage attached to the property rented from the Defendant. She had opened the garage door by opening the 'up…
Halifax County Court - DDJ Mahmood
Forbes has successfully defended a claim for property damage at trial, after a cherry tree fell without warning on to the Claimant's Ford Transit van. The Claimant had parked his vehicle on the road side, when a tree measuring some 15-20 feet, fell on to the…
On the 9 June 2015 Forbes sought the first Appeal decision on the issue of whether fixed costs apply to pre-action disclosure applications for cases which started life in the Portal (Post-Portal PADs). Over recent months, Forbes has vehemently argued that Post-Portal PADs are interim applications and…
Forbes has successfully challenged an extortionate staged ATE premium at a Detailed Assessment this month. The staged premium was knocked down from £14,747.25 to just £840.
At the Detailed Assessment the DD Judge confirmed that whilst a staged ATE premium was acceptable in principle, a…
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Forbes' Social Service Claims Team walked away as winners of the Legal Services Team of the Year at the Claims Innovation Awards 2015.
The annual awards celebrate how firms, teams and individuals from across the legal services, claims management and associated industries; landscape…
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.…
Rowarth v Tameside MBC, DJ Osborne - Tameside County Court
The claimant alleged that in November 2012 she caught her foot against a mound in the pavement, caused by a raised tree root. Breach of duty was admitted, but due to a large number of inconsistencies in the claimant's account of the…
A review is currently being carried out of the Well-maintained Highways, the Well-lit Highways and the Management of Highway Structures Code of Practice by the UK Roads Liaison Group (UKRLG).
According to UKRLG the aim of the review is not to carry out a re-write but to update the advice in the…
Thomas Buckett (A Protected Party by his mother & Litigation Friend Amanda Buckett) v Staffordshire County Council (2015)QBD (Judge Main QC) 13/04/2015
The claimant, a 16 year old boy, sustained a severe head injury when he fell 15ft through a skylight whilst trespassing on the roof of a school…
West Sussex County Council v Kim Fuller (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…
James v David Ireland (2015) EWHC 1259 (QB) QBD (Slade J) 05/05/2015
The High Court has helped to clarify the circumstances in which a success fee of 100% is payable. The defendant in a RTA claim appealed an Order of Master Campbell after he found the trial of the action had commenced and…
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Forbes Solicitors is pleased to announce the appointment of one Partner and five Associates.
Craig Liversidge from the Crown Court Department in Preston has been promoted to Partner.
Craig MacKenzie from the Crime Department at Chorley, Justine Hunkins and Sam Gorrell from Housing…
Willis v Pennine Housing 2000
Forbes has successfully defended a claim at trial on behalf of Pennine Housing. The claimant alleged that whilst descending the steps at the front of her property she lost her balance and fell due to loose paving slabs on the steps. She was carrying her…
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…
Divers v ASDA Stores Ltd
Dartford County Court
Forbes has successfully defended a claim on behalf of ASDA Stores Ltd. The claimant who was aged 2 at the time of the accident, was involved in an accident involving a trolley. A claim was pursued in negligence and under the…
A number of significant reforms have been introduced in April, notably the introduction of the Social Action, Responsibility and Heroism Act 2015, the implementation of the much discussed sections of the Criminal Courts and Justice Act 2015 relating to fundamental dishonesty and inducements and finally…
From April 6 2015, initial medical reports in soft tissue injury claims brought under the MoJ's Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents must be sourced via a new IT portal called MedCo Registration Solutions, which will enable users to search for individual…
The Insurance Fraud Taskforce was set up in January 2015. Its aim is to investigate the causes of fraudulent behaviour and recommend solutions to reduce the level of insurance fraud.
The Insurance Fraud Taskforce has published its first interim report, the report sets out the areas that the…
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The case of P v Cheshire West and Chester, 12 months ago, threw the mental health and social care professions into disarray as its clarification of the law meant that potentially thousands of people, who had not previously been consider to be deprived of their liberty, now were. This meant that the care…
Isherwood v Wigan MBC
District Judge Johnson - Wigan Council
Forbes has successfully defended a claim on behalf of Wigan Council.
The claimant alleged that she was driving at 20mph when she struck a pothole in the carriageway causing personal injury and damage to her vehicle.
Musa v Bolton Council
District Judge Manasse - 16th March 2015
Forbes has successfully defended a claim on behalf of Bolton Council. The claimant alleged that he tripped in a long standing pothole and sustained an injury to his knee.
The defendant denied that the defect was longstanding…
The Enterprise and Regulatory Reform Act 2013 came into effect on 1st October 2013. It was hailed as a ground breaking piece of legislation which would dramatically alter the claims landscape.
Prior to 1 st October 2013, employees who suffered an accident at work could bring a claim for damages…
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…
The High Court has ruled in the case of Michael Dalton v BT PLC and others  EWHC 616 (QB ) that Noise Induced Hearing Loss (NIHL) is a disease and not an injury for the purposes of calculating success fees.
The issue before the Court was whether NIHL should be regarded as a disease. If NIHL…
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Tierney v Rochdale MBC, January 2015 - Manchester County Court, Recorder Little
Forbes has successfully defended a claim on behalf of Rochdale MBC. The Claimant alleged that she had sustained a personal injury after falling on a broken flagstone in a residential area whilst out looking for a cat in…
The Forbes Insurance team successfully defended two claims and negotiated the discontinuance of another claim last Friday on behalf of Tameside Borough Council.
In the first matter, Dunn v Tameside MBC the Claimant alleged that he was moving in to his new home when he stepped in to a pothole in the…
(1) Savoye (2) Savoye Limited v Spicers Limited (2015) EWHC 33 (TCC) QBD (TCC) (Akenhead J) 15/01/2015
In this matter the High Court took the dramatic step of reducing a costs bill claimed in the sum of over £200,000 by 50% and summarily assessing costs in the sum of £96,465 on…
Samuel Edwards v Baladas Kumarasamy (2015)  EWCA Civ 20
In this recent case, a landlord was held to be liable for a personal injury sustained by his tenant under an extended covenant implied into the tenancy by the Landlord and Tenant Act 1985 s.11(1A). It was found that a landlord's…
Smith -v- Oldham Metropolitan Borough Council
Forbes has successfully been one of the first Defendant law firms to have QOCS dis-applied after the Court found that the Claimant's claim had been "fundamentally dishonest".
The Claimant brought a claim against Oldham MBC after…
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McDermott v Rochdale MBC
DJ Benson - 23 December 2014
The Claimant alleged that whilst out cycling he hit a pothole at a speed of around 18 to 20 miles per hour and was thrown from his bike sustaining a personal injury. He claimed that as he was travelling close to the kerb, it was not…
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.
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…
Millet v The Riverside Group Ltd
Liverpool County Court - Recorder Yip QC
The Claimant brought a claim for personal injuries after he slipped whilst carrying a recycling box in the yard at the rear of the property he rented from the Defendant. It was alleged that the presence of weeds in…
The tragic case of Foulds v Devon CC (2015) QBD relates to a cycling accident where an 18 year old lost control of his bicycle and left the carriageway, continuing through/over ornamental metal railings which were on top of a low retaining wall, and falling down a large drop to a lower road. The…
The Health and Safety Executive (HSE) has announced that it has fined Birmingham City Council £10,000 with £1,887 in costs after a refuse worker sustained leg injuries when he was trapped against a van by a reversing bin lorry. The fine comes in the same month as a number of catastrophic…
Chris Grayling the Lord Chancellor has announced plans to combat personal insurance fraud in 2015. Chris Grayling described the reforms as "much needed" and commented that whilst "the Government accepts that many personal injury claims are genuine, it is also clear that there are far too…
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