Archived Legal Articles from 2018

Insurance

November

Skate Park Claim Dismissed

01/11/18

Allen v Cycle Route Ltd t/a Override Skate Park In 2015 the claimant attended a skate park owned by the defendant accompanied by a guardian. The 11-year-old claimant was scooting along the street section of the park, consisting of a drop down ramp to a flat bank which included a grind rail, when he…

Regulatory Update - October 2018

01/11/18

Construction Company and Director Prosecuted for Dangerous Building Site A construction company was fined and its managing director ordered to carry out 150 community service after HSE Inspectors found dangerous conditions at its building site. According to the HSE, inspectors had visited the…

Employer Vicariously Liable for Assault by Employee at After Party Drinks

01/11/18

Clive Bellman (A protected party by his litigation friend, Susan Thomas) v Northampton Recruitment Ltd (2018)[2018] EWCA Civ 2214 The Court of Appeal has held a company vicariously liable for an assault committed by its managing director on an employee after a Christmas party. In 2010 the…

Homes (Fitness for Human Habitation) Bill 2017-19

01/11/18

The Homes (Fitness for Human Habitation) Bill 2017-19 is currently making its way through Parliament. The Bill seeks to amend the Landlord and Tenant Act 1985 to ensure rented accommodation is provided and maintained in a state of fitness for human habitation, and to amend the Building Act 1984 to…

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October

HSE Sets its Sights on Construction

08/10/18

According to the HSE the construction industry is one of the most hazardous industries in the country with around one third of all workplace fatalities occurring in construction. In the last 10 years more than 750 people (workers and members of the public) have died from injuries arising out of…

Claimant Found Fundamentally Dishonest After Tailoring Evidence

03/10/18

Hartley v Preston CC A claimant whose case for personal injury included multiple descriptions of the accident circumstances was found to be fundamentally dishonest at the conclusion of his trial. The case The claimant alleged that on Saturday 28th November 2015 at approximately 4.30pm he…

A Misjudgement of Law

03/10/18

Lovell v Calderdale Metropolitan Borough Council A claimant discontinued his claim at trial after proceeding on the erroneous basis that a highway is the same as a highway maintainable at the public expense. The claimant alleged that he was walking along an alleyway when he tripped, fell and…

Judge finds 'serial perjurer' fundamentally dishonest

03/10/18

Hussain v Oldham Metropolitan Borough Council July 2018 - Manchester CC DJ Osborne The claimant in this matter was found to be 'fundamentally dishonest' following the trial of his claim for personal injury. The judge delivered a no holds barred judgment declaring the claimant to…

Regulatory Update

03/10/18

Increasing trend of significant fines based on turnover irrespective of the status of the organisation Two Construction Companies Fined £1.4 million After Worker Injured Two construction companies have been fined after a worker's foot was trapped in a large rotating screw…

Historical Sexual Abuse - The Impact of Illegal Conduct on Claims for Damages

03/10/18

Claims for damages as a consequence of abuse show no signs of abating and remain a significant expense to Local Authorities. Claims for damages are often based upon an argument by the victim that the abuse they suffered has directly contributed to difficulties in their lives, such as, loss of earning…

Tougher Manslaughter Jail Sentences for Negligent Managers

03/10/18

Under new court guidelines to be introduced on 1st November 2018, managers charged with gross negligence manslaughter will face longer prison terms up to 18 years. It is the first time that the Sentencing Council have drawn up guidelines for these serious and difficult cases. Such cases are often…

Vicarious Liability

03/10/18

There has been a recent spate of decisions concerning the issue of vicarious liability. Over the years, the concept of vicarious liability (which refers to a situation where an employer can be held strictly liable for the acts or omissions of its employees) has evolved and extended its reach for reasons…

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August

Important Decision for Defendants on Fixed Costs

23/08/18

Mercel Hislop v Laura Perde : Kundan Kaur v Committee (For The Time Being) Of Ramgarhia Board Leicester (2018)[2018] EWCA Civ 1726 The Court of Appeal determined that a claimant was not entitled to standard or indemnity costs where a defendant accepted a Part 36 offer out of time but before trial…

Claim Kicked to the Kerb

23/08/18

Ratcliffe v Oldham Metropolitan Borough Council District Judge Swindley - Manchester CC The local authority has successfully defended a claim following a fall on a defective kerb. The claimant was out walking one evening; she fell when she put her right foot forward onto the kerb which…

It's a Game of Reasonableness

23/08/18

James Lewis -v- Burry Port AFC The claimant was playing in a junior football match for the defendant. During the course of the game the claimant made a sliding tackle and suffered a laceration to his leg. It transpired that there was glass embedded in the surface of the pitch. The claimant…

Regulatory Roundup

23/08/18

Tesco Feels the Brunt of the Sentencing Guidelines Tesco has been fined £160,000 after an employee was seriously injured in an incident involving a roll cage. In September 2015, the employee was working alone to unload roll cages containing stock from a delivery vehicle. The worker…

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July

Claimant puts two and two together and gets four

19/07/18

Allen v Oldham MBC - Manchester CC The claimant alleged that he was out walking his friend's dog, when he tripped due to a pothole in the alleyway. He fell and sustained an injury. Breach of duty was admitted but the defendant remained unconvinced by the claim and put the claimant to strict…

Claim Bouldered Over

19/07/18

Austin v Lancaster County Council Local authorities often have to strike the balance between providing safe and exciting play areas for children as well as protecting the needs of local residents who live nearby. This claim arose after a child was injured after falling on a stone boulder installed…

Regulatory Round Up

19/07/18

DHL receives £2m fine after employee crushed by a reversing lorry DHL has been fined £2m over the death of an employee who was crushed at a depot in Milton Keynes. The worked was trapped between a reversing lorry and a loading bay in February 2015. DHL admitted breaching s 2(1…

Breaking the Chain of Causation

19/07/18

Philip Clay v TUI UK LTD (2018) [2018] EWCA Civ 1177 CA (Civ Div) (Kitchin LJ, Hamblen LJ, Moylan LJ) 23/05/2018 The Court of Appeal have for the first time in a number of years considered when the actions of a claimant might break the chain of causation. Mr Clay had been on a package holiday…

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June

Claimant Folds After Giving Evidence at Trial

19/06/18

Fishburn v Rochdale BC - Manchester County Court A Claimant has discontinued her claim for personal injury after a poor performance in the witness box. The Claimant alleged that she sustained a personal accident whilst walking along a pavement. The Claimant contended that she tripped on a…

Cracked flag defence proves to be cracking saving for Council

18/06/18

Miles v Wigan Council This claim arises following an alleged accident in March 2014 when the Claimant stated that she tripped as a result of a rocking flagstone. The Claimant sustained a displaced fracture to her left elbow which required surgical fixation and presented a schedule of special…

GDPR - What's all the fuss about?

18/06/18

After what feels like an age of the GDPR looming on the horizon, the new data protection regime has finally been implemented into law. There is no grace period so those who handle data must be ready to hit the ground running. But what impact will the GDPR have on claims and those who process data for…

Regulatory Update

18/06/18

Contractors face £526,500 penalty for failure to plan work at height An employee fell through a fragile roof at a leisure centre and sustained six fractures to his back. A HSE investigation found that two contractors involved had failed to plan and manage the work at height risk. The…

Court Admits Overcharging Claimants to Issue Stage 3 Proceedings

18/06/18

This week the Courts Service has admitted that since introducing increased court fees in July 2016, claimants have been overcharged for issuing stage 3 proceedings. The overcharged Court fees will have been passed on to defendants or their insurers when stage 3 costs were subsequently claimed. The…

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May

Repair Time Challenge Fails

17/05/18

Gilpin v Blackburn with Darwen Borough Council Preston County Court On 21 st May 2016, the claimant alighted from a taxi, took a few paces and stumbled in a pothole falling onto her outstretched hand and suffered injury. The claimant brought a claim against the local authority under the…

Section 58 Defence Wins the Day

17/05/18

Potts v Wigan Council District Judge Mornington - Wigan County Court The claimant alleged that he was running along the pavement outside his home in May 2013 when he tripped on a raised paving slab. The claimant fractured his ankle as a result of the fall. At trial, the claimant…

Regulatory Roundup

16/05/18

DHL fined £2m over death of an employee An employee died after he was trapped between a reversing lorry and a loading bay at the company's site in 2015. DHL admitted breaching s. 2(1) and 3(1) of the Health and Safety at Work Act and was ordered to pay costs of £100,000…

Good Service

16/05/18

In the case of Sally Woodward & Mark Addison v Phoenix Healthcare Distribution Limited the Court granted an order for retrospective alternative service of a claim form under CPR 6.15(2). The master found that the defendant's solicitors had breached their duty to further the overriding…

No Duty to Cut Back Vegetation on Land Adjacent to Highway

16/05/18

Sumner v Michael Colborne & Denbighshire County Council & Welsh Ministers (2018)[2018] EWCA Civ 1006 The Court of Appeal found that the highway authority did not owe a duty of care to highway users to cut back vegetation on land adjacent to the highway which interfered with drivers'…

Forbes Shortlisted for British Claims Awards

14/05/18

We are pleased to announce that the Forbes Insurance Department has been shortlisted for the British Claims Awards in the strongly contested categories of Defendant Law Firm of the year and Counter Fraud award. The British Claims Awards celebrate the successes of leading professionals in the claims…

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April

Experienced Highways Inspector Wins the Day!

09/04/18

Bailey v Warrington Borough Council and United Utilities Water Limited St Helens CC - District Judge Simister The Claimant alleged that she was walking along the pavement when she tripped on a defect in the pavement where a United Utilities stop tap grid cover was located. At trial, the…

Regulatory Roundup

09/04/18

Health & Safety Fine for Tree Climbing Fall Center Parcs UK has received a £250,000 fine and ordered to pay costs of £14,000 after an eight-year-old child fell from a tree and broke her wrist. The child was participating in an organised tree climbing class. Prior to the…

Universal Credit

09/04/18

Universal Credit is the government's flagship reform of the benefits system. Universal Credit was introduced to simplify the benefit system but has proved to be unpopular with many. In this article we consider the implications for defendants and insurers who are responsible for re-paying social…

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March

Forbes Shortlisted for the Insurance Post Claims Award

16/03/18

We are pleased to announce that the Forbes Insurance Department has been shortlisted for the Insurance Post Claims Award in the strongly contested category of Insurance Law Firm of the Year for work in fraud and social care. These Awards celebrate the achievements and progress made by the leading…

Claim Following an Accident in a Pothole Marked for Repair Fails

13/03/18

Gilpin v Blackburn with Darwen Borough Council DJ Hinchcliffe - Preston CC The claimant alleged that as she was crossing the road after alighting from a taxi, she tripped and stumbled in a pothole and fell onto her outstretched hand. The residential cul de sac was subject to an annual…

Claimant Facing Strike Out Application Entitled to Discontinue Claim

13/03/18

Mabb v English [2017] EWHC 3616 (QB) The Court has ruled that it is not an abuse of process for a claimant to file a notice of discontinuance to avoid possibly having to pay the defendant's costs. The claimant sought damages from the defendant for alleged clinical negligence. The…

Whiplash Reforms Look Set for April 2019

13/03/18

It has been reported by the Motor Accidents Solicitors' Society that Ministry of Justice officials have confirmed that the government will implement the proposed reforms to the RTA system from April 2019, with personal injury reforms to be introduced at a later date. It is understood that the…

No Special Rules for Litigants in Persons

13/03/18

Barton (Appellant) v Wright Hassall LLP (Respondent) [2018] UKSC 12 The Supreme Court has confirmed that the rules of service apply to all litigants regardless of whether or not they are represented. The Facts Mr Barton acting as a litigant in person brought a negligence action…

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February

"A Picture is Worth a Thousand Words"

06/02/18

The Claimant, aged 76 at the date of the accident, alleged that she sustained a personal injury after tripping over a base level barrier after collecting her grandchild from school. The school was partly under construction and base level barriers are generally used to segregate pedestrian walkways…

Pull the other leg!

06/02/18

Wigan Council - DDJ Glassbrook - Wigan County Court A Claimant had her highways claim dismissed at trial after giving unconvincing evidence. The Claimant alleged that she was walking along a road one evening with her friend, when her right foot got stuck in a pothole. She pleaded that she…

Highways Claim Dismissed by Judge

06/02/18

Barnes v Tameside Metropolitan Borough Council A Judge dismissed a claim for personal injury after finding that the Claimant had failed to prove her claim. In April 2014, the Claimant alleged that she was walking home from the supermarket when she tripped on a defective grid and stubbed her…

Claimant Loses Appeal after Slipping on Ice on a Council Car Park

06/02/18

Cook v Swansea City Council (2017) EWCA Civ 2142 The Court of Appeal has dismissed an appeal from an Appellant Claimant after his claim for damages in negligence and/or breach of duty under s2(2) of the Occupiers' Liability Act 1957 was dismissed. The claim arose from an accident in…

PI Reform Update

06/02/18

Lord Keen of Elie QC has appeared before the House of Commons Justice committee to set out the government's agenda for personal injury reforms. This one off session was intended to explain: · the rationale and evidence supporting the Government's proposals for raising the…

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01 Nov 2018

Insurance

NEWS AND ARTICLES

Skate Park Claim Dismissed

In 2015 the claimant attended a skate park owned by the defendant accompanied by a Guardian.

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