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…
17/11/21
The much-anticipated judgments in the appeals of HXA v Surrey CC [2021] EWHC 250 (QB) and YXA v Wolverhampton CC [2021] EWHC 1444 (QB), were finally handed down by Stacey J on 8th November 2021. In dismissing the Claimants' appeals, the striking out of the claims in negligence against Social…
07/10/21
Forbes successfully defended a claim arising out of an alleged tripping accident and obtained a finding of fundamental dishonesty despite the judge finding that the claimant's witnesses did not "present as dishonest". However, he found that the claimant did seek to mislead the court, and…
07/10/21
In what was a strange day, and in circumstances that could only happen with a remote trial, a claimant has avoided fundamental dishonesty finding against her by what our local authority client's barrister described as "the skin of her teeth". Ms Head claimed to have tripped on an…
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…
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…
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…
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…
28/07/21
Forbes recently successfully defended a claim brought against our client, Brean Theme Park. The claimant was employed as a ride operator and was working on a roller coaster when he said his accident occurred. He alleged that he was required to slow the ride carts down by hand to stop them crashing…
28/07/21
CPR Part 45 section IIIA provides that claims which are initially submitted to the MOJ protocol but then exit the process are subject to fixed costs. This remains the case even if settlement is agreed in excess of £25,000 provided the matter has not been allocated to the multi-track as made…
28/07/21
YXA v Wolverhampton follows HXA v Surrey CC and DFX v Coventry and further examines the duty of care owed to children in a social care context. All three have been determined in favour of the Local Authority in question. The detailed exposition of caselaw in YXA is important as it carefully…
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…
28/07/21
As readers will know, Ofsted was asked by the UK government to carry out a rapid review of sexual abuse handling in schools and colleges following mounting concerns about student and staff welfare, highlighted by large-scale disclosures on the 'Everyone's Invited' website. Ofsted…
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…
08/07/21
A secondary school in Chelmsford has been fined £16,700 and ordered to pay costs of £12,000 following an accident that saw an unsecured locker unit fall and fatally injure a young boy. Chelmsford Magistrates' Court heard that on 23 May 2019, nine-year-old Leo Latifi had been…
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…
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…
21/06/21
Printed plastics manufacturer Alfaplas Limited was fined after a worker became unconscious as a result of asphyxiation when his tabard was entangled in the rotating spindle of a print machine. Kidderminster Magistrates' Court heard how on 29 January 2019, an employee who was a supervisor at…
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…
21/06/21
A builder has been imprisoned for 24 weeks after he failed to report a serious incident at a construction site he was in charge of. Westminster Magistrates' Court heard that on 8 January 2019, worker Simon Lewis had been clearing a site on Clarence Avenue, New Malden with an excavator so a new…
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…
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…
28/05/21
DFX v Coventry City Council was one of the first trials of a Social Services 'failure to remove' claim in the High Court following the Supreme Court decision in CN and GN v Poole BC in June 2019. DFX considered whether Social Services Departments owe a common law duty of care to children,…
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…
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…
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…
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…
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')…
27/04/21
In a statement made in advance of the House of Lords' debate on the whiplash reform programme (reported on elsewhere in our E April Newsletter) Justice Minister Lord Wolfson of Tredegar reaffirmed the Government's commitment to the RTA reforms but also indicated that the proposed increase to the…
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…
26/04/21
Two recent decisions have highlighted the heavy levels of fines that the courts will impose for fatalities arising out of breaches of the Health and Safety at Work Act. In one case Peter Coleman (54) died after becoming trapped underneath a refuse collection vehicle in 2014. The court heard…
26/04/21
Aka Whiplash Reforms or RTA Small Claims Protocol Financial Limits For road traffic collisions occurring on or after the 31 May 2021 a new protocol and new small claims limit for injury of £5000 will apply. There is a total limit of £10,000 applicable for each claim. Damages…
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…
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…
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…
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…
23/03/21
Forbes recently successfully defended a tripping claim brought against its client, Blackburn with Darwen Borough Council. Additionally, the claimant sued the Water Authority who was responsible for the manhole cover alleged to have been involved in the claimant's accident. The claimant said…
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…
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…
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…
23/03/21
Calachem Limited, a chemical manufacturing company, has been fined after an employee was scalded with boiling water during a cleaning operation. Falkirk Sheriff Court heard that on 4 March 2016, work was undertaken to clean down part of a production plant in Grangemouth, Scotland. The cleaning…
23/03/21
We consider the employment law and liability aspects of CEV employees wanting to return to the workplace. As the vaccine roll out continues to progress at speed and lockdown restrictions gradually ease, employers are likely to be contemplating and planning for the return to work for their employees…
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…
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…
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…
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…
25/02/21
The claimant pursued a claim against Bury Council relating to an incident when a tree located in a school fell onto the claimant's property causing damage. The Council had a system of inspection of their trees and this tree had been inspected and was due to be felled. It was suffering from…
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…
25/02/21
The case of the fire at Cameron House Hotel on the banks of Loch Lomond in December 2017 has resulted in a fine of £500 000 for the hotel owners and a community sentence order for the hotel porter involved. Fire safety considerations might not be at the top of your risk register priority…
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…
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…
25/01/21
London Borough of Tower Hamlets Council has been sentenced after a five-year-old girl died when playground equipment collapsed on top of her at Mile End Park. Westminster Magistrates' Court heard that on 17 July 2015, Alexia Walenkaki was swinging on a rope attached at one end to a wooden post…
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…
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…
25/01/21
Forbes, representing a house building construction company, recently successfully applied to strike out a claim brought on behalf of a child who it was alleged had tripped outside his newly built home. Whilst the home was complete there were some works ongoing on the estate and it was alleged that the…
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…
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…
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…
