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Court of Appeal

Oct 2018

Bellman v Northampton Recruitment Ltd

Appeal allowed. The Defendant company was held vicariously liable for an assault committed by its managing director on an employee after a Christmas party. Although the assault occurred at a separate drinking session after the party, the wrongdoer was not present merely as a fellow reveller but as managing director. There was sufficient connection between the position in which he was employed and his wrongful conduct so as to make the employer liable under the principle of social justice.

March 2019

Christopher Goldscheider v Royal Opera House Covent Garden Foundation (2018)

The Defendant has permission to appeal the decision that it was liable to a viola player in its orchestra after he suffered acoustic shock due to noise levels during a rehearsal.

October 2018

WM Morrison Supermarkets PLC v Various Claimants (2018)

The Court of Appeal dismissed Morrisons' appeal and held that the employer was vicariously liable for the employee's acts away from the workplace where those acts formed a sequence of planned events leading to the commission of the wrongdoing.

We understand that the Defendant intends to appeal to the Supreme Court.

Supreme Court

16/17 Juy 2018

CN v Poole BC and Others

The Appeal was heard on 16/17th July 2018. Decision awaited.

Legislation

TBC

Civil Liability Bill

The Civil Liability Bill was introduced by the government following the 2017 general election. 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.

The Bill is waiting for Royal Assent.

2018 +

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

2018 +

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.

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

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 +

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.

04 Dec 2018

Insurance

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Jump, Trip and Skip

The Claimant alleged that she fell in a pothole and sustained serious personal injuries. She brought a claim…

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