Archived Legal Articles from 2021

Together we are Forbes

Insurance

December

Long Covid - an occupational disease?

06/12/21

With the World Health Organisation designating the Covid 19 variant B.1.529, named Omicron, a variant of concern on 26th November 2021 safety measures in relation to preventing the spread of this variant have begun to be implemented. Attention again turns to the world of work and the argument that Covid…

Back to top

November

Back to top

October

VAR (Vicarious Appeal Ruling) goes in favour of the defence

07/10/21

This article explores the recent case of Blackpool Football Club Ltd v DSN [2021] EWCA Civ 1352 which in which the claimant sought to expand further the way in which a defendant can be found to be vicariously liable for the actions of non-employees. The claimant brought an action in the High Court…

Forbes at Trial Berry v Gwynedd Council

07/10/21

We acted for Gwynedd Council in a claim brought by Mrs Berry. She and her husband were on a day trip to Criccieth. They decided to walk towards a breakwater, which is a large concrete structure and can be accessed by a concrete path as shown in the following photograph. Its purpose is to protect the…

Guideline Hourly Rates Increases Confirmed from 1 October 2021

07/10/21

The Master of the Rolls, Sir Geoffrey Vos, has confirmed that from the 1 October 2021 new guideline hourly rates recommended by the review undertaken by the Civil Justice Council (CJC) published in April 2021 , will come into use in the civil courts. It is expected that there will be a further review…

The Extension of Fixed Recoverable Costs (FRC) is coming

07/10/21

We have long been waiting for the Government's response to their Consultation on the extension of FRC in civil cases in England and Wales, following Sir Rupert Jackson's 2017 recommendations. He and the Government have expressed their desire to expand the application of FRC in order to control…

Back to top

September

VAR (Vicarious Appeal Ruling) goes in favour of the defence

21/09/21

This article explores the recent case of Blackpool Football Club Ltd v DSN [2021] EWCA Civ 1352 which in which the claimant sought to expand further the way in which a defendant can be found to be vicariously liable for the actions of non employees. The claimant brought an action in the High Court…

Back to top

July

Forbes at Trial - Lynn O'Hanlon v Bury Council

28/07/21

Claimant fails to persuade judge of adverse weather conditions Forbes recently successfully defended a claim brought by a claimant under the Occupiers' Liability Act 1957. She said that she had slipped on the steps of a Council building that was hired out for a wedding and that the defendant…

Forbes at Trial - Was a depression in block paving a danger?

28/07/21

The judgment in this tripping claim showed the importance of accurate measurements when defending tripping on the highway claims. The claimant brought a claim as a result of allegedly stumbling and falling due to a depression in block paving on a pavement. Such minor defects are often seen on our…

Back to top

June

Tyne Wear Metro operator fined £1.5 million following death of employee

21/06/21

Tyne Wear Metro operator, Nexus, has been fined £1.5 million after pleading guilty to an offence under the Health and Safety at Work etc. Act 1974., for failing to ensure the safety of staff. The fine follows the death of a Nexus employee at the company's South Gosforth depot in July 2014…

Repairing obligations - change implemented during lockdown deemed reasonable

21/06/21

The world has changed since the initial lockdown in March 2020, and you would be forgiven for forgetting how severe the restrictions were during that time. Claims arising during that period are now beginning to make their way before the Courts and District Judge Gribble sitting at Middlesbrough…

School fined after worker injured in fall from ladder

21/06/21

Southend High School for Boys Academy Trust has been sentenced after a worker fell from a ladder. Chelmsford Magistrates' Court heard how, on 19 February 2019, the injured person was using an unsecured ladder at the school to dismantle a canopy roof when the ladder slipped, causing the worker…

Back to top

May

Pub owner jailed over boy's electrocution death

28/05/21

A pub landlord has been handed a nine-year prison sentence for gross negligence manslaughter after a child was electrocuted in a beer garden. Harvey Tyrell, 7, died from an electric shock after he touched a defective lighting fixture at the King Harold pub in Romford, Essex, on 11 September 2018…

Manufacturing company fined after an apprentice suffers life-changing injury

28/05/21

A manufacturing company has been fined after an apprentice's hand was caught in machinery. A 17-year-old apprentice, who had been working at Amber Industries Limited in Oldham for 18 months, was reaming workpieces using an unguarded pillar drill whilst wearing gloves. The glove on his right…

Claimant's errors on issue lead to successful strike out

28/05/21

A recent County Court decision we ran on behalf of our client, the Co-operative Group Ltd, shows the importance of carefully considering procedural points when served with proceedings. Whilst judges have cautioned time and time again against taking petty procedural points, the Claimant's…

Hotel chain fined after a guest fell 6 feet through rusty railings

28/05/21

Failing to adhere to health and safety standards can be a very costly mistake to make, as the owners of the Britannia Hotel in Southport recently found out. The hotel chain was fined £80,000 after a guest sustained life-changing injuries when she fell through rusty iron railings to a…

Case analysis - Dynamic Risk Assessments

28/05/21

What is needed to enable a defendant to successfully say that they relied on a dynamic risk assessment rather than to have specifically risk assessed every task? This question arose in two cases over the last 6 months that help identify the issues that need to be considered. The first is the…

£120,000 Fine for Manufacturing Company Following Machine Incident

28/05/21

A Lancashire based manufacturer of plastic-coated fabrics has been fined after an employee's hand was drawn into an unguarded part of a machine, resulting in the surgical amputation of three fingers. Manchester Magistrates' Court heard that on 20 August 2019, a machine operator at the Earby…

Sexual harassment in education- what is happening?

18/05/21

The House of Commons Library has just published a briefing paper on sexual harassment in education in England (link : https://commonslibrary.parliament.uk/research-briefings/cbp-8117/ ) It seeks to supplement existing statutory guidance ('Keeping Children Safe in Education Jan 2021')…

Back to top

April

Local Authority not liable for Bryn Alyn Abuse

26/04/21

Decision: the relationship between the abusive employee and the placing authority was not akin to employment and the duty of care owed by the authority to the claimant was not non-delegable. In the case of SKX v Manchester City Council (2021) EWHC 782 (QB) handed down on 31st March 2021 Cavanagh…

School fined after member of the public sustains fatal head injury in fall

26/04/21

A school has been fined after a member of public tripped over a retaining wall and sustained a fatal head injury. Peterborough Magistrates' Court heard how on 17 February 2017, a family member attended The Leys & St Faith's Foundation School in Cambridge (an independent school) to watch…

Practical consideration of whiplash reforms process

26/04/21

We have previously reported on the long awaited MOJ reforms for whiplash claims arising from road traffic accidents. The Government initially announced the reforms back in 2015 and they are now, at long last, to come into force on 31 May 2021. The Pre-Action Protocol for Personal Injury Claims…

Local Authority not liable for Bryn Alyn Abuse

01/04/21

Decision: the relationship between the abusive employee and the placing authority was not akin to employment and the duty of care owed by the authority to the claimant was not non-delegable. In the case of SKX v Manchester City Council (2021) EWHC 782 (QB) handed down on 31st March 2021 Cavanagh…

Back to top

March

Theme park fined £1 million following fatal water ride incident

25/03/21

Drayton Manor Park Ltd has been sentenced following the tragic death of a schoolgirl on its Splash Canyon water ride in 2017. This is another high profile prosecution of a theme park, following the Lightwater Valley one that we reported on in our January 2021 E News. ( Follow this link to read our…

Forbes at Trial - Claimant v A Rollerblade rink provider

23/03/21

What does a claimant undertaking a leisure activity have to prove to successfully claim against the organiser of the activity and owner of the premises when an accident occurs, leaving him injured? This was the question in a recent claim that Forbes successfully defended which was brought by a…

At last, the whiplash reforms rules and start date are announced.

23/03/21

The new rules setting out the process for claiming damages arising from road traffic accidents (RTAs), and the tariff for damages that applies specifically to whiplash claims from RTAs come into force on 31 May 2021. They have been a long time coming, having been announced by the Government as long…

Waste and recycling company fined for safety failings

23/03/21

A waste and recycling company has been fined after an employee sustained serious injuries to his arm when it became entangled in the automatic roof sheeting mechanism of a visiting articulated truck. In April 2019 a 22-year-old labourer had been working at Johnsons Scrap Metal Limited, assisting in…

Duties of Care for Sport Governing Bodies

23/03/21

The Government's Digital, Culture, Media and Sport Committee has commenced its inquiry into concussion in sport, with specific reference to the links between head trauma and dementia, and how the risks can be mitigated. The inquiry will not deal with individual cases or comment on existing legal…

HSE updates its advice to Schools on re-opening to in-school lessons

05/03/21

With the anticipated return of children being taught at school from Monday 8th March 2021 onwards, the HSE have reminded education establishments about the mitigating measures that they should put in place to control risk from COVID-19. The HSE have confirmed that they will continue to investigate…

Back to top

February

'Failure to Remove' claims - Where are we now?

25/02/21

The recent case of HXA v Surrey Council has followed a minimal number of social care cases which have made their way through the Courts following CN & GN v Poole BC. The lack of detail around these cases, and the failure of any of them to reach the higher echelons of the Court system, have left room…

Ridwaan Omar Gains NEBOSH Qualification

25/02/21

The Insurance department congratulates Ridwaan Omar on gaining his NEBOSH National General Certificate on Occupational Health & Safety. Ridwaan acts on behalf of numerous organisations in defending Employers' and Public Liability insurance claims. He also has considerable experience of…

Interesting Changes to Part 36 - Defendants beware!

25/02/21

Rule changes to Part 36 offers mean that defendants need to be even more wary than before of the terms of Part 36 offers made by claimants. The Civil Procedure (Amendment) Rules 2021 which come into effect from the 6 April 2021 amend Part 36 with a new rule 36.5 (5) which says that Part 36 offers…

Forbes at Trial - Causation arguments successful

25/02/21

The claimant sued the defendant council following what she said was a fall on the pavement as she was walking back from the school where she had collected her children. She alleged that there was a missing flagstone. The claim was brought pursuant to the Highways Act 1980 for breach of S41, the…

National Apprenticeship Week

10/02/21

National Apprenticeship Week began on 8 February. This year's theme is 'Build The Future.' With 20 years of experience in progressing employees through apprenticeships, Forbes Solicitors has helped build futures and this year has been no different and has been as successful, despite the…

Snowballs and Haircuts Prove Expensive in Lockdown.

02/02/21

There was a band in the eighties that went by the name of Haircut 100. Well make that in today's money Haircut 200. You may have heard the news that 31 Metropolitan Police Officers face fines of £200 each for taking part in a mass haircutting marathon which was in clear breach of Covid…

Back to top

January

Looking again at the defence of volenti non fit injuria in Occupiers cases

25/01/21

The defence of volenti non fit injuria provides a defence to a claim where a defendant who would otherwise be liable in negligence can show that the claimant, being fully aware of the risks, knowingly or willingly takes the risk. In doing so a claimant cannot then seek compensation for any harm that…

Whiplash Reforms delayed by a month

25/01/21

In a move likely to disappoint insurers, the reforms set to increase the small claims track limit for RTA claims to £5000 and to introduce a tariff for damages levels for whiplash claims due to come into effect in April 2021 have been further delayed until May 2021. We still await the tariff and…

Retailer fined after boy electrocuted at one of it's stores

25/01/21

Tesco Stores Limited has recently been fined £536,000 by magistrates after a 10-year-old child got an electric shock in its branch in Warfield, Bracknell. The supermarket giant was sentenced at Reading Magistrates Court on 15 December having pleaded guilty to two health and safety offences…

Dealing with Stalled Portal Claims

25/01/21

As a Partner in the Large Loss and Complex Claims Department it isn't often that portal claims cross my desk, but I received an instruction last year from an insurer client who had become increasingly frustrated by the lack of progress in a straightforward portal claim. The incident itself…

HSE update - Theme park fined after child seriously injured on a ride

25/01/21

Lightwater Valley Attractions Ltd was fined following an incident where a child was thrown from its Twister ride. On 30 May 2019, a child was ejected from the Twister ride at Lightwater Valley Theme Park in Ripon, North Yorkshire resulting in serious head injuries. An investigation by the…

Retailer fined after boy electrocuted at one of it's stores.

21/01/21

Tesco Stores Limited has recently been fined £536,000 by magistrates after a 10-year-old child got an electric shock in its branch in Warfield, Bracknell. The supermarket giant was sentenced at Reading Magistrates Court on 15 December having pleaded guilty to two health and safety offences…

HSE update - Theme park fined after child seriously injured on a ride

21/01/21

Lightwater Valley Attractions Ltd was fined following an incident where a child was thrown from its Twister ride. On 30 May 2019, a child was ejected from the Twister ride at Lightwater Valley Theme Park in Ripon, North Yorkshire resulting in serious head injuries. An investigation by the…

Where there is blame - there is the risk of a claim

19/01/21

In these unprecedented times retailers are often looking at alternative methods of delivering services to maintain a viable business and seeking to survive the challenges that the current pandemic presents. Accidents and subsequent claims can be time consuming and expensive for retailers even when…

Back to top