Legal Article
14 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
01 Oct 2020
Leadec Limited, a specialist industrial services company has been fine £2 million and ordered to pay £30,000 costs following a fatal injury to Joseph MacDonald, one of its employees. The company pleaded guilty to breaching section 2(1) of the Health and Safety at Work Act 1974. Mr…
Insurance
Legal Article
30 Sep 2020
In May 2020 we reported the increase in the bereavement award for fatalities from the 1 May 2020. At that time we highlighted that it did not yet apply to cohabitees, but that change was anticipated. That change will now be brought in with effect from the 6 October 2020, when the Fatal Accident Act…
Insurance
Legal Article
30 Sep 2020
The HSE has announced that it will be carrying out its latest construction health inspection initiative this October with health and safety inspectors targeting construction sites across Great Britain. The initiative will run from Monday 5 to Friday 30 October and will focus on respiratory risks as…
Insurance
Legal Article
30 Sep 2020
Mr Walvin, was using his motorised wheelchair on a footpath when he rode over a defective paving slab causing him to fall from the chair. At trial the court concluded that the accident happened as alleged and that the defect was a danger to users of the highway. However, the Sunderland City…
Insurance
Legal Article
30 Sep 2020
Forbes have successfully defended a highways tripping claim on causation grounds. The claim arose as a result of an alleged accident on Christmas Eve 2015. The Claimant's case was that he had been out training with a friend in readiness for the start of his army career in January 2016. He…
Insurance
Legal Article
30 Sep 2020
The Claimant claimed that he was involved in a road traffic accident after 11 pm when he and his two passengers decided to go to McDonald's. On entering the McDonald's carpark, it was alleged that a van driven by an employee of the insured was driven into collision with the claimant's…
Insurance
Legal Article
30 Sep 2020
Forbes acted for Sheffield City Council in the successful defence of a claim on the basis that the claimant was fundamentally dishonest. The Claimant's pleaded case alleged that on 19th October 2016 she was caused to slip down 14 steps in the communal area of the block of flats where she…
Insurance
Legal Article
02 Sep 2020
As an Insurer or claims handler, even if you do not deal with the Personal Injury Portal, you need to be aware of the issues raised here for cases that start off in the portal but increase in value. The cynic in me wonders how often claimants and their advisors have tried to use the portal process…
Insurance
Legal Article
02 Sep 2020
The facts The Claimant alleged that on 3rd December 2015 at around 5pm he was walking on Acorn Road, near to the junction with Osbourne Road in Jesmond, Newcastle, when he tripped over a roadworks sign that had fallen over on the pavement. The Claimant fell to his left side and suffered his main…
Insurance
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