Archived News from 2015

Insurance

December

A Guide to the New 2015 Rehabilitation Code

22/12/15

A new Rehabilitation Code is operational from Tuesday 1st December 2015. The Code is voluntary but the personal injury pre-action protocol provides that its use should be considered for all types of PI claims. The Code is intended to promote collaborative use of rehabilitation and early intervention…

Claimant Awarded Damages for Psychological Trauma from "Sexting"

22/12/15

ABC v West Heath 2000 Ltd & Whillock [2015] EWHC 2687 (QB A Claimant has been awarded £25,000 by the High Court for the psychological harm caused to her by being encouraged to send explicit, sexual text messages and images of herself to the Vice-Principal and Child Protection Officer at a…

Don't Push It!

22/12/15

Hobbs v Guy's And St Thomas' NHS Foundation Trust [2015] EWHC B20 (Costs) Following a provisional assessment where the claimant's costs were reduced by two thirds from £32,329.12 to £9879.34 the claimant sought a post provisional assessment. At the post provisional…

Decision to Deny Staged Insurance Premium Upheld on Appeal

22/12/15

O'Donnell v Bury MBC - Manchester County Court In our July newsletter we reported that Forbes had successfully challenged an extortionate staged ATE premium. At the Detailed Assessment the staged premium had been knocked down from £14,747.25 to just £840. The Claimant subsequently…

A Guide to the New 2015 Rehabilitation Code

01/12/15

The 2015 Rehabilitation Code is operational from Tuesday 1 st December 2015. A copy of the Code can be found here . The Code is voluntary BUT the personal injury pre-action protocol provides that its use should be considered for all types of PI claims. The Code is intended to promote…

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November

Egg-cellent Result!

27/11/15

Learoyd v Co-operative Group Ltd - Halifax County Court The claimant attended the defendant's store to pick up an Easter egg which was being donated by the store. The claimant alleged that she slipped whilst walking over an area of floor. She claimed that she did not know of the spillage prior…

Mind the Step!

27/11/15

Joynes v Wakefield and District Housing Ltd The Claimant alleged that as he was exiting a property owned by the Defendant, he placed his right foot on the outside step and as he lifted his left leg over the lip, he caught his left foot and fell. It was alleged that the step and threshold was…

The Killer Question

27/11/15

Allen v Warrington BC - Warrington CC Opening question: "When did you first think that your fall might have been caused by a hole in the road?" Claimant's answer: "I'm not sure exactly. It was some days later when I was replaying the accident in my mind". In…

QOCS Disapplied After Claimant Fails to Attend Trial

27/11/15

Brahilika v Allianz Insurance Plc CC (Romford) (District Judge Dodsworth) 30/07/2015 A claimant who brought a claim for personal injury failed to attend his one day fast track trial because he was on holiday. The judge struck out the claim, disapplied QOCS and awarded the defendant its costs.…

NA v Nottinghamshire County Council - Court of Appeal Judgment Handed Down

12/11/15

The Court of Appeal has now handed down its judgment in this seminal case in the field of Social Services claims. This was an appeal by the Claimant - NA - and a cross-appeal by the Local Authority - Nottinghamshire County Council - against the first instance decision of Males J. Males J found that…

Forbes at Trial - Exaggerated Claim Falls Flat

09/11/15

Elias Hatia v Bolton Council The District Judge diplomatically described this highway tripping claim as "a difficult case to try to determine". Whilst she commented that it is wrong to expect a case to be completely consistent and flawless, this case was riddled with inconsistencies and…

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October

Forbes at Trial - Starry Eyes

29/10/15

A student at Myerscough College alleged that she had suffered a dog bite whilst on a work placement in a dog grooming salon. She alleged that she was using a hairdryer to dry a Shih Tzu called "Starry Eyes" when the dog suddenly turned round and bit her on the nose. A claim was brought…

Rehabilitation Code Revised

29/10/15

An updated Rehabilitation Code has been published. According to the Rehabilitation Working Party, the revised Rehabilitation Code provides " an approved framework for injury claims within which claimant representatives and compensators can work together ". Whilst the Code is voluntary, the…

New Guidelines for the Assessment of General Damages Published

29/10/15

The Thirteenth Edition of the Judicial College Guidelines has been published. The JC Guidelines are usually the first port of call when assessing general damages in personal injury claims. Brian Langstaff provides the introduction to the guidelines, he comments on a number of noteworthy changes.…

Fixed Costs Apply to RTA Case Transferred to the Multi Track

29/10/15

Shahow Qader & Ors v Esure Services Ltd (2015) QBD (TCC) A Judge has ruled that fixed recoverable costs should apply to RTA cases which start in the portal and are then transferred to the multi-track. At first instance, the district judge ordered that fixed costs would apply on the basis…

Lost in Translation

07/10/15

Coventry County Court - 25/09/2015 A judge dismissed an employers' liability claim after the Claimant had failed to include a translation clause in her witness statement. The claimant brought a claim against her employer, after she allegedly sustained a personal injury when the claimant…

Recognition for the 'Flawless' Forbes Insurance Team in The Legal 500

06/10/15

Legal 500 has published its latest results and we are delighted to announce that the Insurance Department has been recognised as a 'flawless' department. In the recent publication, Legal 500 hails the 'straightforward' approach that the Forbes Insurance department prides itself on,…

Retail Legal Update Seminar Follow Up

06/10/15

There was a fantastic turn out for the annual Retail Legal Update Seminar at the Met Hotel on Friday 11 th September with retail clients and insurers in attendance. Speakers included Chris Booth who provided an update on fraud issues in the retail sector focusing on fundamental dishonesty, Medco…

The Supreme Court to Consider Whether a Settled Case Can be Re-Opened

06/10/15

The Court has given leave for the case of Hayward v Zurich Insurance Company PLC to be appealed to the Supreme Court. Earlier this year, the Court of Appeal considered whether a claim settled by Tomlin order could be re-opened on the basis of fraud. The Claimant had brought an employers'…

Cricket Claim All Out

06/10/15

In this interesting sports case (Thomas Bartlett v English Cricket Board Association of Cricket Officials (2015) CC (Wolverhampton) (Judge Lopez) 27/08/2015), a cricket player brought a claim against the English Cricket Board Association of Cricket Officials after he sustained an injury whilst playing…

Forbes Solicitors Shortlisted For Eclipse Proclaim Personal Injury Awards

05/10/15

Forbes' Insurance Team have been shortlisted for Defendant Personal Injury Team of the Year at the Eclipse Proclaim Personal Injury Awards 2015. The Department, which includes the Social Services Team who scooped the Legal Services Team of the Year at the Claims Innovation Awards earlier this…

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September

Up on the Roof - Employee on a frolic of his own!

09/09/15

Smith v Asda Stores Ltd - Bournemouth and Poole County Court The Claimant brought a claim against his employer, Asda, after falling from the top of a home delivery vehicle. Prior to the accident there had been some larking around in the depot and a baseball cap had been…

Hale -v- Wakefield and District Housing and Another

02/09/15

Hale -v- Wakefield and District Housing and Another The Claimant brought a claim against the First Defendant alleging that he had tripped on a raised and defective paving stone in an alleyway whilst walking his dog. From the outset of proceedings, Forbes on behalf of the First Defendant argued…

Attempts to Undermine Medco System Leads to Immediate Review by MoJ

02/09/15

MedCo is the new system to facilitate the sourcing of medical reports in soft tissue injury claims brought under the MoJ's Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents. It went live in April 2015. After a matter of months, the MoJ is being forced to…

Claimant receives QOCS protection despite pre 1st April 2013 CFA

02/09/15

Casseldine v Diocese of Llandaff (2015) CC (Cardiff) (Judge Phillips) 03/07/2015 In this controversial decision, a regional costs judge has ordered that a claimant was entitled to the protection of QOCS even though she had signed an earlier pre- 1 st April 2013 CFA for the same injury. The…

Further Civil Court Fee Increases on the Horizon?...again!

02/09/15

In March 2015, the government implemented its controversial plans to increase civil court fees. Four months on and the government has launched a "Consultation on Further Fees Proposals". Government minister, Shailesh Vara commented that despite the fees already introduced, the court system…

Pre-Action Admission Warning

02/09/15

Cavell -v- Transport for London [2015] EWHC 2283 (QB) QBD (William Davis J) 30/07/2015 In this matter, the defendant Transport for London (TfL) applied to withdraw a pre-action admission of liability in a personal injury claim brought by a cyclist. Mr Cavell alleged that he had sustained a…

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July

An Unusual Occurrence

21/07/15

Forbes has recently successfully defended an unusual case at trial. The Claimant had parked his car outside a cemetery and had attempted to take his own life. A member of the public happened to notice something was wrong and contacted the Emergency Services just in time. The Claimant was admitted to a…

Nazir v Calderdale Metropolitan Borough Council

21/07/15

District Judge Gardner During a visit to a local swimming pool the Claimant sustained an injury to her foot. She alleged that whilst she was in the sauna area of the establishment, her foot came into contact with a loose metal strip on a step. A claim was therefore brought pursuant to section 2 of…

Risks in Leisure - Foreseeable Accidents

21/07/15

In the matter of Jason Lowdon v Jumpzone Leisure UK Ltd (2015)[2015] EWCA Civ 586 a company operating a fun fair ride known as the "Hyper Jump" on Brighton Beach appealed against a first instance decision that the Claimant had suffered personal injury as a result of its negligence. The &…

Another Swimming Tragedy

21/07/15

RXDX (By his mother and litigation friend) (Claimant) v Northampton Borough Council (Defendant) & DXDX (Third Party) (2015)[2015] EWHC 1677 (Admin) QBD (Sir Colin Mackay) 11/06/2015 In this tragic case, the Claimant by way of his mother brought a claim for damages against the local authority…

Livin Housing Limited

01/07/15

Middlesbrough County Court - DJ Keating Forbes has successfully defended a housing disrepair claim at trial on behalf of Livin Housing Limited. The Claimant alleged that she was in the garage attached to the property rented from the Defendant. She had opened the garage door by opening the 'up…

Woodward v Calderdale MBC

01/07/15

Halifax County Court - DDJ Mahmood Forbes has successfully defended a claim for property damage at trial, after a cherry tree fell without warning on to the Claimant's Ford Transit van. The Claimant had parked his vehicle on the road side, when a tree measuring some 15-20 feet, fell on to the…

Forbes Successful On Appeal - Fixed Costs Apply to Post-Portal PADs

01/07/15

On the 9 June 2015 Forbes sought the first Appeal decision on the issue of whether fixed costs apply to pre-action disclosure applications for cases which started life in the Portal (Post-Portal PADs). Over recent months, Forbes has vehemently argued that Post-Portal PADs are interim applications and…

Claimant Denied Staged Insurance Premium

01/07/15

Forbes has successfully challenged an extortionate staged ATE premium at a Detailed Assessment this month. The staged premium was knocked down from £14,747.25 to just £840. At the Detailed Assessment the DD Judge confirmed that whilst a staged ATE premium was acceptable in principle, a…

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June

Forbes' Recognised as Legal Services Team of the Year

05/06/15

Forbes' Social Service Claims Team walked away as winners of the Legal Services Team of the Year at the Claims Innovation Awards 2015. The annual awards celebrate how firms, teams and individuals from across the legal services, claims management and associated industries; landscape…

Spencer v Asda Stores Limited

01/06/15

Birmingham County Court The claimant alleged that she sustained an injury whilst visiting an Asda store. It was claimed that she entered an aisle in the George clothing department looking for slippers and in doing so; she tripped over a metal bar that had been left lying on the floor of the aisle.…

Watch Out For the Tree!

01/06/15

Rowarth v Tameside MBC, DJ Osborne - Tameside County Court The claimant alleged that in November 2012 she caught her foot against a mound in the pavement, caused by a raised tree root. Breach of duty was admitted, but due to a large number of inconsistencies in the claimant's account of the…

Well Maintained Highways Code of Practice to be Revised

01/06/15

A review is currently being carried out of the Well-maintained Highways, the Well-lit Highways and the Management of Highway Structures Code of Practice by the UK Roads Liaison Group (UKRLG). According to UKRLG the aim of the review is not to carry out a re-write but to update the advice in the…

Teenage Trespasser Claim Fails

01/06/15

Thomas Buckett (A Protected Party by his mother & Litigation Friend Amanda Buckett) v Staffordshire County Council (2015)QBD (Judge Main QC) 13/04/2015 The claimant, a 16 year old boy, sustained a severe head injury when he fell 15ft through a skylight whilst trespassing on the roof of a school…

A Case of Health and Safety Gone Mad!

01/06/15

West Sussex County Council v Kim Fuller (2015) [2015] EWCA Civ 189 CA (Civ Div) (Moore-Bick LJ, Tomlinson LJ, Sir Robin Jacob) 12/03/2015 An employee brought a claim following an injury at work. The claimant had been a receptionist at one of the local authority's offices. She had been asked to…

Court refuses to pay 100% success fee because trial had not started

01/06/15

James v David Ireland (2015)[2015] EWHC 1259 (QB) QBD (Slade J) 05/05/2015 The High Court has helped to clarify the circumstances in which a success fee of 100% is payable. The defendant in a RTA claim appealed an Order of Master Campbell after he found the trial of the action had commenced and…

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May

Forbes Solicitors Announces Promotions

27/05/15

Forbes Solicitors is pleased to announce the appointment of one Partner and five Associates. Craig Liversidge from the Crown Court Department in Preston has been promoted to Partner. Craig MacKenzie from the Crime Department at Chorley, Justine Hunkins and Sam Gorrell from Housing…

Don't drop the baby

01/05/15

Willis v Pennine Housing 2000 DJ Gardner Forbes has successfully defended a claim at trial on behalf of Pennine Housing. The claimant alleged that whilst descending the steps at the front of her property she lost her balance and fell due to loose paving slabs on the steps. She was carrying her…

No Spillage, No Claim

01/05/15

Cheryl Wozny v ASDA Stores Ltd Manchester County Court - Recorder Elleray QC 10 April 2015 Forbes has successfully defended a claim on behalf of ASDA Stores Ltd. The Claimant alleged that whilst shopping one morning at her local store she slipped in a crossing aisle sustaining an injury…

What's new…

01/05/15

A number of significant reforms have been introduced in April, notably the introduction of the Social Action, Responsibility and Heroism Act 2015, the implementation of the much discussed sections of the Criminal Courts and Justice Act 2015 relating to fundamental dishonesty and inducements and finally…

Medco Goes Live

01/05/15

From April 6 2015, initial medical reports in soft tissue injury claims brought under the MoJ's Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents must be sourced via a new IT portal called MedCo Registration Solutions, which will enable users to search for individual…

Insurance Fraud Taskforce Publishes Interim Report

01/05/15

The Insurance Fraud Taskforce was set up in January 2015. Its aim is to investigate the causes of fraudulent behaviour and recommend solutions to reduce the level of insurance fraud. The Insurance Fraud Taskforce has published its first interim report, the report sets out the areas that the…

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April

Deprivation of Liberty: The guidance that we have all been waiting for

10/04/15

The case of P v Cheshire West and Chester, 12 months ago, threw the mental health and social care professions into disarray as its clarification of the law meant that potentially thousands of people, who had not previously been consider to be deprived of their liberty, now were. This meant that the care…

An "Almighty Noise"

07/04/15

Isherwood v Wigan MBC District Judge Johnson - Wigan Council Forbes has successfully defended a claim on behalf of Wigan Council. The claimant alleged that she was driving at 20mph when she struck a pothole in the carriageway causing personal injury and damage to her vehicle. The…

Trial Win - Pavement Collapse Not Longstanding

07/04/15

Musa v Bolton Council District Judge Manasse - 16th March 2015 Forbes has successfully defended a claim on behalf of Bolton Council. The claimant alleged that he tripped in a long standing pothole and sustained an injury to his knee. The defendant denied that the defect was longstanding…

The Enterprise and Regulatory Reform Act 2013 Divide

07/04/15

The Enterprise and Regulatory Reform Act 2013 came into effect on 1st October 2013. It was hailed as a ground breaking piece of legislation which would dramatically alter the claims landscape. Prior to 1 st October 2013, employees who suffered an accident at work could bring a claim for damages…

Further Clarity Provided on Vicarious Liability

07/04/15

In the recent case of Paul Graham v Commercial Bodyworks Ltd (2015) EWCA an employer was found not liable for injuries sustained by an employee whilst engaging in dangerous 'horseplay' at work. Mr Graham worked in a body work repair shop, he sustained serious injuries when his overalls…

NIHL is a Disease not an Injury

07/04/15

The High Court has ruled in the case of Michael Dalton v BT PLC and others [2015] EWHC 616 (QB ) that Noise Induced Hearing Loss (NIHL) is a disease and not an injury for the purposes of calculating success fees. The issue before the Court was whether NIHL should be regarded as a disease. If NIHL…

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March

Cracked Pavement Claim Fails

03/03/15

Tierney v Rochdale MBC, January 2015 - Manchester County Court, Recorder Little Forbes has successfully defended a claim on behalf of Rochdale MBC. The Claimant alleged that she had sustained a personal injury after falling on a broken flagstone in a residential area whilst out looking for a cat in…

All in a Days Work!

03/03/15

The Forbes Insurance team successfully defended two claims and negotiated the discontinuance of another claim last Friday on behalf of Tameside Borough Council. In the first matter, Dunn v Tameside MBC the Claimant alleged that he was moving in to his new home when he stepped in to a pothole in the…

The Rise of Proportionality

03/03/15

(1) Savoye (2) Savoye Limited v Spicers Limited (2015)[2015] EWHC 33 (TCC) QBD (TCC) (Akenhead J) 15/01/2015 In this matter the High Court took the dramatic step of reducing a costs bill claimed in the sum of over £200,000 by 50% and summarily assessing costs in the sum of £96,465 on…

Notice Not Required Where a Defect Occurs in a Common Part

03/03/15

Samuel Edwards v Baladas Kumarasamy (2015) [2015] EWCA Civ 20 In this recent case, a landlord was held to be liable for a personal injury sustained by his tenant under an extended covenant implied into the tenancy by the Landlord and Tenant Act 1985 s.11(1A). It was found that a landlord's…

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January

Cycling Pothole Claim Win

30/01/15

McDermott v Rochdale MBC DJ Benson - 23 December 2014 The Claimant alleged that whilst out cycling he hit a pothole at a speed of around 18 to 20 miles per hour and was thrown from his bike sustaining a personal injury. He claimed that as he was travelling close to the kerb, it was not…

Frostbite claim defended at trial

30/01/15

Gremzbe v The Co-operative Group Coventry County Court A claim for personal injury was dismissed by the Court in this recent case for The Co-operative Group. The Claimant, a Warehouse Picker alleged that she suffered frostbite after being required to work in sub zero temperatures. The…

Claimants Claim Picked Off by Major Retailer

30/01/15

Leicester County Court The Claimant alleged that whilst acting in the course of his employment as an order picker at a major retailer, he was using a hook to pull a product forward on the bottom level of racking, when the hook allegedly got stuck in rollers causing the Claimant to sustain personal…

Judge Weeds Out Claim

30/01/15

Millet v The Riverside Group Ltd Liverpool County Court - Recorder Yip QC The Claimant brought a claim for personal injuries after he slipped whilst carrying a recycling box in the yard at the rear of the property he rented from the Defendant. It was alleged that the presence of weeds in…

Court Clarifies Common Law Duty to Road Users in Railings Claim

30/01/15

The tragic case of Foulds v Devon CC (2015) QBD relates to a cycling accident where an 18 year old lost control of his bicycle and left the carriageway, continuing through/over ornamental metal railings which were on top of a low retaining wall, and falling down a large drop to a lower road. The…

Council Fined Following Bin Lorry Accident

30/01/15

The Health and Safety Executive (HSE) has announced that it has fined Birmingham City Council £10,000 with £1,887 in costs after a refuse worker sustained leg injuries when he was trapped against a van by a reversing bin lorry. The fine comes in the same month as a number of catastrophic…

Government announces programme to tackle insurance fraud in 2015

07/01/15

Chris Grayling the Lord Chancellor has announced plans to combat personal insurance fraud in 2015. Chris Grayling described the reforms as "much needed" and commented that whilst "the Government accepts that many personal injury claims are genuine, it is also clear that there are far too…

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06 Feb 2018

Insurance

NEWS AND ARTICLES

"A Picture is Worth a Thousand Words"

The Claimant, aged 76 at the date of the accident, alleged that she sustained a personal injury after tripping…

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With 'extensive knowledge' that 'inspires confidence', the department at Forbes is led by managing partner Martin Crabtree.

2014 edition Legal 500

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Forbes is "absolutely fantastic - nothing is too much trouble".

2011 edition Legal 500

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The Team "Deliver a consistently high quality service across the board"

2010 Edition Chambers UK

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It is easy to support organisations that I have complete confidence in. Excellent, fast, straight to the point work, no procrastination, which in turn means no racking up of fees.

Liability Operations Manager

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During the ten years I have experienced with Forbes I have always without exception received a first class service.

Insurance Officer
Metropolitan Borough Council

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You won the Tender based on talent and quality.

- report following successful tender for a Metropolitan Borough Council

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I owe you and your colleagues a lot. I appreciate all the assistance you and Forbes have offered me both professionally and personally.

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