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.
Lowin v Portsmouth & Co  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.
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.
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.
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.
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.
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.
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:
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:
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.
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
Shorter and Flexible trials pilot
A pilot of two schemes in the High Court until September 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
Discount Rate Consultation
The response was published in September 2017 https://consult.justice.gov.uk/digital-communications/personal-injury-discount-rate/results/discount-rate-response-consultation-web.pdf
The Commons Justice Committee have published their response at the end of November 2017. Details can be found here http://www.parliament.uk/business/committees/committees-a-z/commons-select/justice-committee/news-parliament-2017/personal-discount-rate-report-launched-17-19/
25 May 2018
General Data Protection Regulations come into force.
Britain withdraws from the EU.
A possible move towards an online court.
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.
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