Legal Article
28 Jul 2021
Forbes recently successfully defended a claim brought against our client, Brean Theme Park. The claimant was employed as a ride operator and was working on a roller coaster when he said his accident occurred. He alleged that he was required to slow the ride carts down by hand to stop them crashing…
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Legal Article
28 Jul 2021
CPR Part 45 section IIIA provides that claims which are initially submitted to the MOJ protocol but then exit the process are subject to fixed costs. This remains the case even if settlement is agreed in excess of £25,000 provided the matter has not been allocated to the multi-track as made…
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Legal Article
28 Jul 2021
YXA v Wolverhampton follows HXA v Surrey CC and DFX v Coventry and further examines the duty of care owed to children in a social care context. All three have been determined in favour of the Local Authority in question. The detailed exposition of caselaw in YXA is important as it carefully…
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Legal Article
28 Jul 2021
Claimant fails to persuade judge of adverse weather conditions Forbes recently successfully defended a claim brought by a claimant under the Occupiers' Liability Act 1957. She said that she had slipped on the steps of a Council building that was hired out for a wedding and that the defendant…
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Legal Article
28 Jul 2021
As readers will know, Ofsted was asked by the UK government to carry out a rapid review of sexual abuse handling in schools and colleges following mounting concerns about student and staff welfare, highlighted by large-scale disclosures on the 'Everyone's Invited' website. Ofsted…
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Legal Article
28 Jul 2021
The judgment in this tripping claim showed the importance of accurate measurements when defending tripping on the highway claims. The claimant brought a claim as a result of allegedly stumbling and falling due to a depression in block paving on a pavement. Such minor defects are often seen on our…
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Legal Article
08 Jul 2021
A secondary school in Chelmsford has been fined £16,700 and ordered to pay costs of £12,000 following an accident that saw an unsecured locker unit fall and fatally injure a young boy. Chelmsford Magistrates' Court heard that on 23 May 2019, nine-year-old Leo Latifi had been…
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Legal Article
21 Jun 2021
Tyne Wear Metro operator, Nexus, has been fined £1.5 million after pleading guilty to an offence under the Health and Safety at Work etc. Act 1974., for failing to ensure the safety of staff. The fine follows the death of a Nexus employee at the company's South Gosforth depot in July 2014…
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Legal Article
21 Jun 2021
The world has changed since the initial lockdown in March 2020, and you would be forgiven for forgetting how severe the restrictions were during that time. Claims arising during that period are now beginning to make their way before the Courts and District Judge Gribble sitting at Middlesbrough…
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Legal Article
21 Jun 2021
Printed plastics manufacturer Alfaplas Limited was fined after a worker became unconscious as a result of asphyxiation when his tabard was entangled in the rotating spindle of a print machine. Kidderminster Magistrates' Court heard how on 29 January 2019, an employee who was a supervisor at…
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