Forbes Insurance Blog

Are parents always to blame?

Caine Ellis (A Child By His Grandmother & Litigation Friend Janet Titley) (Claimant) v Paul Kelly (Defendant/Part 20 Claimant) & Violet Ellis (Part 20 Defendant) (2018) [2018] EWHC 2031 (QB)

Are the parents always to blame? In 2008, Caine Ellis, then aged 8, was knocked down by a car and suffered severe brain injury. The driver’s insurers admitted primary liability but contended that a finding of contributory negligence should be made against Caine and/ or his mother for allowing Caine to go out without proper supervision. Read more

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Court of Appeal Agrees Supermarket is Vicariously Liable for the Criminal and Rogue Actions of its Employee

WM Morrison Supermarkets PLC v Various Claimants (2018)[2018] EWCA Civ 233

Morrisons supermarket has lost its appeal to the Court of Appeal. The Court upheld the decision that the supermarket should be vicariously liable for an employee who intentionally disclosed the personal details of staff on a file sharing website. Read more

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Fore! Can a claim for personal injury by a golf spectator succeed?

A woman was hit by a stray ball at the recent Ryder Cup tournament held in France. US team member Brooks Koepka was playing a shot on the sixth hole when his ball unfortunately struck a spectator in the eye. The lady involved is said to have lost the sight in her right eye after she suffered a fractured eye socket and damaged eyeball.

It has been reported that the spectators by the green were not warned that the ball was heading in their direction, although organisers say that “fore” was “shouted several times”. Many of the newspapers have reported that the lady plans to bring legal action. This incident occurred in France but what would be the legal position if a similar accident had occurred in England and Wales? Read more

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A Local Authority’s powers and duties to accommodate children in accordance with s20 Children Act 1989…

In the matter of Williams and another v London Borough of Hackney [2018] UKSC 37 the Supreme Court considered the limits of a Local Authority’s powers and duties to provide accommodation for children in need (as defined by s17 CA 1989) under Section 20, without the sanction of a Court Order.

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The Duty to Accommodate Teenagers – Council Fails to Separate Teenager’s Need for Help from her Mother’s

In our recent blog “S20 and the Duty to Accommodate…When is enough, enough?” we looked at the case of R v Haringey which considers the extent of the duty owed by Local Authorities to accommodate teenagers in accordance with s20 Children Act 1989. The Court concluded that it is not necessarily unlawful for a Local Authority to make the decision not to provide a young person with further accommodation and support, should the young person continually and unequivocally refuse such suitable placements.

Another case has emerged which further considers the extent of a local authority’s duty to accommodate teenagers.   Read more

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S20 and the Duty to Accommodate…When is enough, enough?

The case of R (on the application of A) v Haringey LBC considers whether the Local Authority (in this case, the London Borough of Haringey) had carried out its duty under Section 20 of the Children Act 1989 to provide accommodation to a 17-year-old boy who repeatedly refused to be placed. Read more

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GDPR in the Insurance Sector – what has changed?

Having been looming on the horizon since 2016, GDPR and the Data Protection Act 2018 are now in full force and effect. Insurers, claims handlers, loss adjustors, and solicitors all handle vast quantities and categories of personal data relating to claimants, defendants, witnesses, experts, their own employees (even judges) and so on, and therefore need to be aware of what has changed.

Will the new rules impact how we defend claims or detect fraudulent claims? Yes… and no.

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It’s official! Data Protection Act 2018 given Royal Assent today

Today, the Queen gave Royal Assent to the Data Protection Act 2018, which was first announced in the Queen’s Speech on the 21st June 2017. The new act comes into effect on Friday 25 May 2018. Read more

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Potholes – AA Announces #FlagitFunditFillit Campaign

In recent months there has been extensive national and local press coverage discussing the state of the highway network and the number potholes. A harsh winter and reducing budgets has taken its toll in some areas. One person in Swindon has even taken to submerging dolls heads in potholes to attract attention to the issue. Read more

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Unmarried Partner wins the Right to Bereavement Damages

A woman has successfully fought for the right for unmarried persons to receive bereavement damages after her partner of 16 years died as a result of negligence in 2011. Read more

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