Legal Article
28 Oct 2020
In the case of Greater Manchester Fire and Rescue v Veevers [220] EWHC 2550 (Comm) the court ordered the defendant to pay the claimant's legal costs of attending the inquest into the death of the claimant's son despite a pre action statement that the defendant agreed to compensate the claimant…
Insurance
Legal Article
28 Oct 2020
The method of calculating the amount of compensation a claimant should be awarded for the extra accommodation costs associated with their injury has long been in contention between claimants and defendants. The difficulty arises when a claimant has a need for more expensive accommodation that can be…
Insurance
Legal Article
28 Oct 2020
The High Court has provided guidance on where the burden of proof lies in showing what "reasonably practicable" means in relation to claims brought for damages arising out of a highway authority's duty under S41(1A) of the Highways Act 1980 which states: "In particular. the…
Insurance
Legal Article
28 Oct 2020
An assault by a pupil on a teacher has led to a fine of £300 000 (before reduction due to lack of revenue due to coronavirus) for Luton Borough Council. Luton Crown Court heard how on 17 June 2016, the assistant head teacher at Putteridge High School was called to deal with a disruptive…
Insurance
Legal Article
28 Oct 2020
A probation notice was served in relation to a meat-cutting bandsaw that was found not have an interlocking guard to protect staff from accessing moving parts of equipment, which included rotating pulleys and the bandsaw blade. In November 2018, Environmental Health Officers from Dacorum Borough Council…
Insurance
Legal Article
28 Oct 2020
In 2 recent cases the Guideline Hourly Rates used as the basis of assessment of opponents' costs in civil litigation, and set in 2010, have been scrutinised with judges accepting that they are not necessarily appropriate in all cases 10 years on. In Re PLK and others the High Court discussed the…
Insurance
Legal Article
28 Oct 2020
Forbes have successfully represented a football club in a claim arising out of an alleged injury to a player when he says that his foot went into a hole in the playing surface. In dismissing the claim the judge referred to the need to consider whether a desirable activity might be prevented or…
Insurance
Legal Article
28 Oct 2020
Over recent years the question of what actions of its employees an employer is and is not vicariously liable for has come before the courts on various occasions. The leading case remains Lister v Hesley Hall Ltd from 2001 which set out a 2 stage test including a test of "sufficiently close…
Insurance
Legal Article
28 Oct 2020
Her Majesty's Courts and Tribunal Service (HMCTS) launched a refund scheme for overpaid court fees. It includes those fees applicable for stage 3 Part 8 claims that started life in the personal injury claims portal paid up to 30 April 2018. If a claimant has paid such a fee, or a defendant has…
Insurance
Legal Article
28 Oct 2020
Dealing with the outbreak of Covid-19 has caused significant headaches for all schools over the past few months. Schools have overcome considerable difficulties that could never have been prepared for and whilst there are challenges ahead for schools some of these challenges can at least be predicted…
Education
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