Horizon Scanning

Court of Appeal

TBC

Brenda White v Nottinghamshire CC

The defendant highway authority was not liable for the claimant's fall caused by ice on a footway which had not been treated. The council defended the claim on the basis that it had complied with its Winter Service Operational Plan. The Claimant is appealing the decision to the Court of Appeal.

Dec 2017

Lowin v Portsmouth & Co [2017] EWCA Civ 2172

The defendant appealed against a decision that the claimant was entitled to have her costs of a provisional assessment assessed on an indemnity basis without reference to the costs cap in CPR 47.15(5).

The Court held that costs cap was neither disapplied nor modified in respect of an award of indemnity costs under CPR 36.17(4). Where a party was awarded the costs of a provisional assessment on an indemnity basis under r.36.17(4), those costs would be subject to the cap.

June 2018

Bellman v Northampton Recruitment Ltd

The Court will consider the issue of vicarious liability after it was held that an employer was not vicariously liable for an assault committed by its director after a work Christmas party.

Supreme Court

March 2018

James-Bowen and others v Commissioner of Police for the Metropolis

Whether a person who is sued in civil litigation for alleged misconduct by his employees (or others for whom he is vicariously liable) owes those employees a duty of care in the conduct of his defence.

Awaiting judgment.

Feb 2018

Pimlico Plumbers Ltd and another v Smith

Whether the respondent was a 'worker' within the meaning of the Employment Rights Act 1996 and Regulation 2 of the Working Time Regulations 1998;

Whether the respondent was in "employment" within s.83(2)(a) of the Equality Act 2010.

Awaiting judgment.

16/17 Juy 2018

CN v Poole BC and Others

According to 1 Chancery Lane the Appeal has been listed for 16/17th July 2018.

Legislation

TBC

Civil Liability Bill

The Civil Liability Bill was introduced by the government following the 2017 general election. According to the governement the Bill will crack down on fraudulent whiplash claims and is expected to reduce motor insurance premiums by about £35 per year. The Bill will ban offers to settle claims without the support of medical evidence and introduce a new fixed tariff of compensation for whiplash injuries with a duration of up to 2 years.

2017 +

Courts Bill

The Bill will reform the courts system in England and Wales to ensure it is more efficient and accessible, and in doing so utilise more modern technology. The Bill will:

  • end direct cross examination of domestic violence victims by their alleged perpetrators in the family courts and allow more victims to participate in trials without having to meet their alleged assailant face-to-face
  • introduce digital services which will allow businesses to pursue their cases quickly, enabling them to recover debts more easily
  • provide a better working environment for judges, allowing more leadership positions in the judiciary to be offered on a fixed term basis, and enabling judges to be deployed more flexibly

2017 +

Financial Guidance and Claims Bill

The Bill will combine three financial advice bodies into one, ensuring that people across the UK are able to seek the help and advice they need to manage their finances. The Bill will:

  • establish a new statutory body, accountable to Parliament, with responsibility for coordinating the provision of debt advice, money guidance, and pension guidance
  • transfer the regulation of claims management services to the Financial Conduct Authority, and transfer complaints-handling responsibility to the Financial Ombudsman Service.

2017-2018

Data Protection Bill

In a statement of intent the Government has committed to updating and strengthening data protection laws through a new Data Protection Bill to reflect the GDPR (EU General Data Protection Regulation).

The draft Data Protection Bill was published in September 2017 and is currently working its way through Parliament.

Other Matters

2017

Noise Induced Hearing Loss Claims (NIHL)

The working party published its final report this autumn. See our article https://www.forbessolicitors.co.uk/news/display/39744/4/fixed-costs-recommendations-for-hearing-loss-claims-published

2017

Shorter and Flexible trials pilot

A pilot of two schemes in the High Court until September 2017.

2017

Jackson LJ to review fixed recoverable costs

Lord Justice Jackson published his review of fixed recoverable costs. Read our article here: https://www.forbessolicitors.co.uk/news/display/38722/fixed-recoverable-costs-a-review-of-lord-justice-jacksons-proposed-reforms

2017 +

25 May 2018

GDPR

General Data Protection Regulations come into force.

March 2019

Brexit

Britain withdraws from the EU.

2020

Online Court

A possible move towards an online court.

Oct 2018

Well-managed highway infrastructure

Highway authorities have until October 2018 to implement the new risk based approach to managing highway infrastructure.

Please contact us for more information relating to any of the matters listed above.

14 Aug 2018

Insurance

NEWS AND ARTICLES

Forbes' John Myles Appointed President of Blackburn Incorporated Law Association

John Myles, a Partner in Forbes Solicitors' Insurance department has become the new President of Blackburn…

Read the article

With 'extensive knowledge' that 'inspires confidence', the department at Forbes is led by managing partner Martin Crabtree.

2014 edition Legal 500

More clients

Forbes is "absolutely fantastic - nothing is too much trouble".

2011 edition Legal 500

More clients

The Team "Deliver a consistently high quality service across the board"

2010 Edition Chambers UK

More clients

It is easy to support organisations that I have complete confidence in. Excellent, fast, straight to the point work, no procrastination, which in turn means no racking up of fees.

Liability Operations Manager

More clients

During the ten years I have experienced with Forbes I have always without exception received a first class service.

Insurance Officer
Metropolitan Borough Council

More clients

You won the Tender based on talent and quality.

- report following successful tender for a Metropolitan Borough Council

More clients

I owe you and your colleagues a lot. I appreciate all the assistance you and Forbes have offered me both professionally and personally.

More clients

Make an enquiry