Archived News from 2016

Insurance

December

Teenager who fell from roof of teen shelter loses claim against Council

21/12/16

Jablonski v Preston City Council Blackpool CC - HHJ Carr A teenager brought a claim for compensation after he suffered brain damage following a fall off a teen shelter on a play area. The claimant had accessed the top of the shelter by climbing the adjacent fence and stepping over onto the…

Rocking flag claim dismissed

12/12/16

Crook v Wigan Council 30th November 2016 - Wigan County Court The Claimant alleged that she tripped over the edge of a broken, raised and wobbly paving flag whilst walking along a busy footpath and sustained an injury. At trial the Claimant was unable to exactly identify what had caused…

Cost Budgeting does not Replace Detailed Assessment

12/12/16

Merrix v Heart of England NHS Foundation Trust (2016) QBD (Birmingham) (District Judge Lumb) 13/10/2016 The court was asked to determine the extent to which the costs budgeting regime fettered a costs judge's powers and discretion at a detailed assessment. The claimant receiving party…

Refuse Collector's Claim Dismissed by Court

12/12/16

Dale Dearden v Warrington Borough Council Liverpool County Court - Recorder McLoughlin An agency worker was injured and sustained serious injuries whilst working as a refuse operator for the Local Authority. The incident took place during the claimant's second spell of employment with the…

Court of Appeal Rules Fixed Costs DO NOT Apply to Multi Track Cases

12/12/16

The Court of Appeal has confirmed that cases that start in the personal injury protocol and are subsequently allocated to the multi-track are not subject to fixed recoverable costs. In the matter of Qadar v Esure Services Ltd & Khan v McGee [2016] EWCA Civ 1109 the two RTA claims had both…

Jackson to Review Fixed Recoverable Costs

12/12/16

Lord Justice Jackson has been commissioned to undertake a review of fixed recoverable costs. The review will consider the types and areas of litigation in which such costs should be extended, and the value of claims to which such a regime should apply. Jackson has commented " Although the…

Are employers liable for Post-Christmas party antics?

12/12/16

Bellman v Northampton Recruitment [2016] EWHC 3104 (QB) In this recent case, the High Court considered whether an employer was vicariously liable for an assault by a member of staff following a Christmas party. In 2010 the claimant attended a Christmas party organised by his employer at a…

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November

PI Reforms Back on the Table

21/11/16

Following our article reporting rumours that the government had decided to shelve the PI reforms announced by George Osbourne in his Autumn Statement in 2015, a full consultation headed " Reforming the soft tissue injury ('whiplash') claims process: a consultation on arrangements concerning…

Acorn Proves Tough Nut to Crack

16/11/16

After being leapfrogged to the Court of Appeal, the Judgment in the matter of Bird v Acorn Group Ltd [2016] EWCA Civ 1096 has been handed down. The Court was asked to determine what stage of fixed costs are applicable to personal injury cases when a matter has been listed for a disposal hearing and…

Commencing Proceedings and Limitation

08/11/16

The recent decision in Smith v Denbighshire CC serves as a timely reminder of the strict approach of the Court to the rules surrounding service of proceedings and limitation. The Facts In this matter, the claimant allegedly suffered personal injury in 2012 whilst undertaking voluntary work…

PI reforms put on the back burner

08/11/16

The Government have announced that the plans set out by George Osbourne in last year's autumn statement to increase the limit for the small claims track and to abolish damages for low value soft tissue injuries are to be put on hold. According to the Gazette, Justice Secretary Liz Truss is…

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October

Claimant Interfered with Trip Edge before Taking Photographs of Defect

06/10/16

Terry v Rochdale MBC Oldham County Court The claimant alleged that she tripped and fell on the raised edge of a paving stone. At trial, the case focused on the nature of the defect and whether it was dangerous. Whilst it was accepted that the claimant had fallen, a dispute remained…

Claim Stumped at Trial

06/10/16

Lloyd-Jones v Tameside MBC Tameside County Court - DJ Osborne The claimant attended a play area owned by the local authority with her grandchildren. Whilst taking photographs of her family, she stepped backwards and tripped over a low post which formed part of the playground and sustained…

School Wins Hockey Mouth Guard Claim

06/10/16

Megan Murray v Mark Mccullough, as Nominee on Behalf of the Trustees and on Behalf of the Board of Governors of Rainey Endowed School [2016] NIQB 52 The claimant was 15 when she was struck with a hockey stick whilst playing in a match for her school. She was not wearing a mouth guard and she…

Occupiers Must Clearly Warn Visitors of Dangers which are Not Obvious

06/10/16

English Heritage v Taylor (2016) EWCA Civ 448 The claimant had been visiting Carisbrooke Castle on the Isle of Wight when he fell and suffered a serious head injury. The claimant lost his footing, fell across a steep grassy slope, over a wall and down a sheer drop into a moat. The claimant…

Under Pressure of Proportionality

06/10/16

Since the new 'proportionality test' was introduced on 1 April 2013, we have been left wondering how it will work in practice. There is no guidance as to how the principle should operate in practice. Cases on this issue are now beginning to emerge, but is the position any clearer? What…

Local Authority Found Negligent Over Death of a Vulnerable Man

06/10/16

London v Southampton City Council (2016) QBD (May J) 20 May 2016 A widow brought a claim against Southampton City Council after the death of her husband. Mr London suffered from Parkinson's disease, heart problems and dementia. He was waiting to board a minibus at a day care centre run by the…

Alternative Dispute Resolution

06/10/16

Lord Justice Jackson delivered a speech last week " Civil Justice Reform and Alternative Dispute Resolution " which set out to explore the relationship between civil justice reform and Alternative Dispute Resolution. Jackson has been a prominent supporter of ADR and the role it has to play in…

No Liability for Cellar Door

06/10/16

Sheerin v Rochdale MBC Oldham County Court - HHJ Fox The claimant alleged that having visited a local takeaway in the early hours of the morning she was walking along the pavement when she tripped and fell over the edge of a cellar opening cover. The Judge accepted that whilst the…

In Deep Water

06/10/16

Tulpin v Scarborough BC Scarborough County Court - DJ Neaves The claimant attended a park with her grandchildren and decided to go on a pedalo ride on the boating lake. As the claimant was disembarking from the pedalo, she fell forwards on to the boat deck and sustained an injury. The…

Transforming Our Justice System

06/10/16

The Lord Chancellor, Lord Chief Justice, and the Senior President of Tribunals have issued a joint statement on their shared vision for the future. The statement titled "Transforming Our Justice System" sets out its vision of a " courts and tribunal system that is just, and proportionate…

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September

There Are More Ways than One to Skin a Cat

22/09/16

Zaman v Newcastle City Council A finding of fundamental dishonesty is not the only way to have QOCS dis-applied. In this matter, the defendant successfully secured a costs order in its favour and the strike out of the claim after the Court concluded that the claimant's conduct interfered with…

Forbes Solicitors celebrates 31 Legal 500 Recommendations

21/09/16

Forbes Solicitors is celebrating after receiving 31 recommendations for its lawyers and services in the 2016 Legal 500 rankings. The leading North West legal firm is also delighted to reveal that Lucy Worrall, Partner and Head of Housing and Regeneration, based in Preston, has been included in the…

Can-did Camera

01/09/16

C v Trafford MBC Manchester County Court A Heineken beer can lurking inconspicuously in a photograph of an accident locus led to the demise of this claim for personal injury. The claimant alleged that in January 2012, the front wheel of his bike went into a pothole in the road…

Claim Fails to Make the Cut

01/09/16

Dickman v West Malling Golf Club [Kent] Limited Maidstone CC - July 2016 District Judge Sullivan The claimant suffered an injury whilst playing at a Golf Club he had been a member of for over 15 years. At the 16 th hole he had driven his ball towards the 17 th tee. The 17 th tee was…

Annual workplace fatality statistics published

01/09/16

Provisional annual data for work-related fatal accidents in the workplace has been released this month. The long term trend has seen the rate of fatalities more than halve over the last 20 years. However, provisional figures indicate that 144 people were killed while at work in 2015/2016 - up from…

The Importance of Pre-Action Disclosure

01/09/16

Nicole Chapman v Tameside Hospital NHS Foundation Trust (2016)CC (Bolton) (District Judge Swindley) 15/6/2016 The defendant received a letter of claim for personal injury following an accident in the defendant's A&E department. The defendant denied liability and wrote to the claimant…

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August

FOIA request - is information held?

03/08/16

The Freedom of Information Act 2000 (FOIA) entitles anyone to make a request to a public authority for information. Providing the request is in writing, the requester is not required to specify why he or she wants the information and the public authority is required to assess it and respond accordingly…

Claim Stumped at Trial

03/08/16

Lloyd-Jones v Tameside MBC Tameside County Court - DJ Osborne June 2016 The Claimant attended a play area owned by the local authority with her grandchildren. Whilst taking photographs of her family, she stepped backwards and tripped over a low post which formed part of the playground and…

Bogus Invoice Rumbled at Trial

03/08/16

Wigan County Court - District Judge Gordon 25 May 2016 At a small claims hearing, the claimant's claim for vehicle damage following an alleged collision with a pothole was dismissed in full. The Judge found that whilst the defect was actionable and dangerous at the time of the claimant'…

School Wins Hockey Mouthguard Claim

03/08/16

Megan Murray v Mark Mccullough as Nominee on Behalf of the Trustees and on Behalf of the Board of Governors of Rainey Endowed School [2016] NIQB 52 The claimant was 15 when she was struck with a hockey stick whilst playing in a match for her school. She was not wearing a mouth guard and she…

Under Pressure of Proportionality

03/08/16

Since the new 'proportionality test' was introduced on 1 April 2013, we have been left wondering how it will work in practice. There is no guidance as to how the principle should operate in practice. Cases on this issue are now beginning to emerge, but is the position any clearer? What…

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July

Edwards (Respondent) v Kumarasamy (Appellant) 2016 UKSC 40

19/07/16

Supreme Court Allows Landlord's Appeal in Edwards v Kumarasamy but doesn't decide all issues! Edwards (Respondent) v Kumarasamy (Appellant) [2016] UKSC 40 The Supreme Court has handed down its long awaited judgment unanimously allowing Mr Kumarasamy's appeal. The Court found…

Claimant Fails to Back Up His Claim

05/07/16

Richards -v- Co-operative Group Ltd Birmingham CC 17 May 2016 The Claimant alleged that he sustained an injury to his back during the course of his employment when he slipped whilst climbing over wet pallets in the back of an HGV. The Claimant did not report the accident until some…

Ice Skating - It's a Risky Business

05/07/16

Doyle v Brand Ice Ltd t/a The Icebox Liverpool CC - HHJ Gregory 12th May 2016 The claimant was injured whilst skating on a temporary ice rink at Liverpool One. The claimant was not an experienced skater, she fell and hurt herself sustaining a nasty facial injury. The claimant alleged…

The Government Accepts the Recommendations of the Insurance Fraud Taskforce

05/07/16

The Government has published a written response to the recommendations of the Insurance Fraud Taskforce. Lord Faulks (The Minister of State for Civil Justice) confirmed that the government accepts all of the 26 recommendations to tackle fraudulent activity put forward by the Insurance Fraud…

Local Authority Found Negligent Over Death of a Vulnerable Man

05/07/16

London v Southampton City Council (2016) QBD (May J) 20/05/2016 A widow brought a claim against Southampton City Council after the death of her husband. Mr London suffered from Parkinson's disease, heart problems and dementia. He was waiting to board a minibus at a day care centre run by the…

Court Refuses to Allow Withdrawal of Pre-action Admission

05/07/16

Wood v Days Health UK Ltd and others [2016] EWHC 1079 (QB) (9 May 2016) A defendant has been refused permission to withdraw a pre-action admission of liability in a personal injury claim concerning an alleged faulty wheelchair. The first defendant admitted liability, but subsequently sought to…

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June

Contracting out - Are you covered?

24/06/16

All schools have a risk management policy, do regular risk assessments and have the safety of the pupils as their highest priority but does your risk management process cover all eventualities? In a case which has been rumbling along for several years Essex County Council as Local Education…

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May

Claimant Interfered with Trip Edge before Taking Photographs of Defect

31/05/16

Terry v Rochdale MBC Oldham County Court - District Judge Fox 9 May 2015 The Claimant alleged that she tripped and fell on the raised edge of a paving stone. At trial, the case focused on the nature of the defect and whether it was dangerous. Whilst it was accepted that the claimant…

Zombie Bootcamp: Zombies 1 - Claimant 0

31/05/16

Evans v Ram Training Ltd Truro County Court - 28th April 2016 District Judge Middleton The claimant was participating in a "Zombie Boot Camp" event operated by the defendant. The claimant alleged that as he ran through a doorway he slipped on an oily substance on the floor…

Occupiers Must Clearly Warn Visitors of Dangers which are Not Obvious

31/05/16

English Heritage v Taylor (2016) EWCA Civ 448 The claimant had been visiting Carisbrooke Castle on the Isle of Wight when he fell and suffered a serious head injury. The claimant lost his footing, fell across a steep grassy slope, over a wall and down a sheer drop into a moat. The claimant brought…

Personal Injury Claim Struck Out in First Fundamental Dishonesty Trial

31/05/16

In the case of Hughes, Kindon and Jones v KGM, at Taunton County Court an insurer has secured what is thought to be the first finding of fundamental dishonesty under section 57 of Criminal Justice and Courts Act 2015 (CJCA). In this matter, all three claimants alleged they had suffered significant…

Court Overturns Earlier Decision and Finds that a CFA Can Be Assigned

31/05/16

An appeal at Liverpool County Court has overturned a decision that a conditional fee agreement had not been validly assigned. In Jones v Spire Healthcare (Appeal No 96/2015), Judge Graham Wood QC held that an insolvent firm of solicitors can validly assign its entitlement and responsibility under a CFA…

"Are you brave enough to take the plunge?"

09/05/16

Fraser v Brian Moore t/a Esk Leisure, Mini Monsterz Middlesbrough County Court - DDJ Davies 21st April 2016 The Claimant sustained an injury whilst using a slide called the "plunge" during a visit to a play centre. It was alleged that the accident was caused by the Defendant'…

"Fundamental Dishonesty" Ruling made on a NIHL Claim

09/05/16

A finding of 'fundamental dishonesty' has been made in the case of James v Diamanttek Ltd. The Claimant, a factory worker, alleged that whilst working as a diamond driller and plant operator between 2003 and 2013 he had not been provided with any hearing protection. At trial, the Insurer…

Missing Handrail - Duty does not extend to making safe or improving premises

04/05/16

Sternbaum v Dhesi (2016) EWCA Civ 155, Dodd v Raebarn Estates Ltd (2016) EWHC 262 (QB) (QBD) In two recent cases both concerning claims for injuries (in the case of Dodd fatal injuries) sustained on steep staircases with no handrail, the Court has considered whether the absence of a handrail…

High Court Swallows Up Sinkhole Case

04/05/16

Robina Lafferty v Newark & Sherwood District Council (2016)[2016] EWHC 320 (QB) The tenant had been standing in her garden when a hole suddenly opened up in the ground. She fell into it and sustained minor injuries. She appealed after her claim under s.4 Defective Premises Act (DPA) against the…

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April

Claimant Fails to Prove Mechanism of the Accident

05/04/16

Davies v ASDA Stores Ltd Pontypridd County Court The Claimant alleged that she was shopping in the bakery section of the store when she bent down to pick up a pie from the bottom shelf; as she stood up and turned to put the item in her trolley, her foot is said to have caught on a piece of…

Duty to Repair is Not to be Equated with a Duty to Make Safe

05/04/16

Megan Louise Dodd v Raebarn Estates Ltd and 5 Others [2016] EWHC 262 (QB) This tragic case arises out of Paul Dodd's death on Christmas Day 2007. He and his wife, both Australians, were on their honeymoon. They were the guests of the sixth defendant, who was then the leasehold owner of a flat…

Man Walks Into A Door!

05/04/16

Smith v Co-operative Group Ltd Warrington County Court - DDJ Holligan The Claimant visited a store owned by the Defendant. He alleged that as he approached the automatic door at the entrance to the store that the door failed to open properly. The Claimant walked into the door just after it had…

High Court confirms there is No Duty to Remove Moss from the Highway

05/04/16

Rollinson v Dudley MBC ([2015] EWHC 3330 (QB) In this appeal, the High Court was asked to determine whether councils are under a duty to keep all roads, pavements and footpaths free from moss and algae. In November 2012, Mr Rollinson, slipped on a patch of moss on the footpath outside his home…

Solicitors Ordered to Pay Wasted Costs After Signing False Statement of Truth

05/04/16

In Brown v Haven Insurance Company Ltd (unreported), 7 January 2016, (Leeds County Court), the court heard an application for wasted costs against solicitors who had signed a statement of truth on a schedule of damages which included an incorrect claim for physiotherapy. The Judge penalised the…

Beware - The Rise of Cavity Wall Insulation Claims

05/04/16

Claimants are now turning their attention to cavity wall insulation claims. We have noticed increased activity in this area with firms offering on 'no win, no fee' funding arrangements. It is thought that over 6 million homes have undergone retro-fit cavity wall insulation. It was marketed…

Forbes recognised as pioneers within the legal industry

05/04/16

For the second time in two years Forbes have been shortlisted for two national awards for their work in the arena of Social Care claims. The team have been nominated by both the Solicitors Journal Awards and the Claims Awards which recognises the brightest stars in the UK Insurance industry. Head…

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March

Vicarious Liability - Supreme Court Hands Down Long Awaited Judgments

08/03/16

The Supreme Court has today published its long awaited judgments on two cases: Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11 and Cox v Ministry of Justice [2016] UKSC 10. In the case of Mohamud v WM Morrison Supermarkets plc , the Supreme Court was asked to consider the test for vicarious…

Unbe-leaf-able Claims Fails

02/03/16

Naylor v Asda Barnsley County Court - DDJ Robinson The claimant alleged that whilst shopping she slipped on a single leaf in the foyer area of the store and sustained an injury. The Judge considered whether or not the system adopted by the defendant was adequate and reasonable. The Judge…

No Duty On Highway Authority to Erect Barriers or Warning Signs

02/03/16

O'Hara v Rochdale MBC DJ Osborne - Oldham County Court The Claimant alleged that she had tripped and fallen on the edge of a raised metal cover on a quiet residential street. Prior to the accident, the defect had been noted for repair on a scheduled highway inspection and a repair had been…

Claim Bowled Over

02/03/16

Helen Robinson v Conwy County Borough Council Llandudno - District Judge Jones-Evans The claimant alleged that when attending the defendant's leisure centre she suffered an injury whilst using a fit ball. She specifically alleged that she was provided with a ball that was too large in size…

Easy Cash - Don't Bank On It

02/03/16

Patel v Bolton Council Bolton County Court - DJ Swindley 21 st January 2016 It was alleged that the Claimant had fallen as a result of a defect on the carriageway. The Defendant had conceded breach of duty, but had put the Claimant to proof on the whole of his case. The Judge…

Civil Courts Structure Review - Interim Report Published

02/03/16

Lord Justice Briggs has published an interim report following his initial review into the future structure of the Civil Courts. The report is intended to accompany the HMCTS court reform programme currently being undertaken by the Ministry of Justice. The central assumption of the report is that in…

Part 36 Offers Trump Fixed Costs

02/03/16

After a number of conflicting decisions on this issue, the Court of Appeal has determined whether fixed costs apply if a claimant beats its own Part 36 offer under CPR 45 Section IIIA. In the appeals of Broadhurst v Tan and Taylor v Smith [2016] EWCA Civ 94, the respective RTA claims had fallen out…

Employers Liability - Kennedy v Cordia (Services) LLP

02/03/16

Kennedy v Cordia (Services) LLP (Scotland) [2016] UKSC 6 Mrs Kennedy was employed as a home carer. Her work involved visiting clients in their homes and providing personal care. In December 2010, at around 8pm, she was required to visit an elderly lady. There had been severe wintry conditions in…

Claimant loses horsebox injury claim

01/03/16

Brian James Lear v (1) Hickstead Ltd (2) WH Security Ltd (2016) [2016] EWHC 528 (QB) QBD (Picken J) 14/03/2016 The Claimant had attended the All England Jumping Course, Hickstead to watch the Longines Royal International Horse Show. After the show, he returned to his horsebox and as he lowered the…

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January

Unbe-leaf-able Claims Fails

28/01/16

Naylor v Asda Barnsley County Court - DDJ Robinson The claimant alleged that whilst shopping she slipped on a single leaf in the foyer area of the store and sustained an injury. The Judge considered whether or not the system adopted by the defendant was adequate and reasonable. The Judge…

No Duty On Highway Authority to Erect Barriers or Warning Signs

28/01/16

O'Hara v Rochdale MBC DJ Osborne - Oldham County Court The Claimant alleged that she had tripped and fallen on the edge of a raised metal cover on a quiet residential street. Prior to the accident, the defect had been noted for repair on a scheduled highway inspection and a repair had been…

Fatal Accident Inquiry: Glasgow bin lorry crash

28/01/16

The inquiry into the death of six people who died when a bin lorry mounted a pavement in Glasgow city centre and collided with a number of pedestrians after the driver fainted at the wheel, has found that there were reasonable precautions which could have been taken whereby the accident might have been…

Civil Courts Structure Review - Interim Report Published

28/01/16

Lord Justice Briggs has published an interim report following his initial review into the future structure of the Civil Courts. The report is intended to accompany the HMCTS court reform programme currently being undertaken by the Ministry of Justice. The central assumption of the report is that in…

Insurance Fraud Taskforce - The Final Report

21/01/16

The Insurance Fraud Taskforce has published its much anticipated final report. The extensive report represents the culmination of the Taskforce's year-long review into insurance fraud. The report contains a number of targeted recommendations aimed at tackling fraud. The most notable recommendations…

Retailer Not Vicariously Liable for Sick Employee

06/01/16

Frances Nicholls v ASDA Stores Ltd Bristol County Court The Claimant brought a claim personal injury after slipping on vomit whilst shopping in the defendant's supermarket. Immediately prior to the accident, one of the defendant's employees had vomited on the floor whilst urgently…

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14 Aug 2018

Insurance

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Forbes' John Myles Appointed President of Blackburn Incorporated Law Association

John Myles, a Partner in Forbes Solicitors' Insurance department has become the new President of Blackburn…

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