Archived News from 2020

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December

Legal Article

A focus on Mental Health and the Annual Health & Safety report

04/12/20

The HSE have released their annual report to include health and safety statistics for Great Britain for 2019/2020. The statistics have been compiled with assistance from the Labour Force Survey. The headline figures shows that there were: · 111 fatal injuries at work · 1.6…

Legal Article

HSE Roundup for November 2020 - Adequate Training

02/12/20

Each month we review the HSE prosecutions to bring to you cases of interest that might be of relevance to your workplaces. This article focuses on the need for adequate training. We have another on that looks at this month's cases around proper planning of work. Adequate Training There are…

Legal Article

Cheshire Council fined after child falls from height

02/12/20

Cheshire West and Chester Council received a substantial fine after a young child fell almost three metres to the floor from a gap in railings, sustaining serious head injuries. Chester Magistrates' Court heard how on 16 November 2018, a family was visiting Chester City centre to watch the…

Legal Article

HSE Roundup for November 2020 - Proper planning of Work

02/12/20

Each month we review the HSE prosecutions to bring to you cases of interest that might be of relevance to your workplaces. This article focuses on the need for proper planning of work. We also have another focus in this month's cases around adequate training. Proper planning of Work…

Legal Article

Forbes secures another Fundamental Dishonesty Finding for Rochdale Council

01/12/20

The Claimant alleged that on Saturday, 7th May 2016 at approximately 7.30am she was making her way to a local newsagent when she fell down inside an open drainage grid. Various accounts referred to her falling into the narrow hole up to her waist, with one account claiming, incredibly, that she went…

Legal Article

Should Local Authorities be making strike out applications based on CN v Poole?

01/12/20

Recently the Court heard an Application brought by the Local Authority, Derbyshire County Council, to strike out a claim in negligence brought by X, a minor. Under CPR 3.4 the Court has the power to strike out a statement of case if it appears that there are no reasonable grounds for bringing the…

Legal Article

Assault by Service User does not lead to liability finding

01/12/20

DB v Wigan Council Judgment 18/11/2020 Before his Honour Judge Bird @ Manchester County Court following a 2-day trial. The Claimant worked for the Council as a carer in a home which looked after young people with a range of disabilities on a respite basis. During a shift when the claimant…

Legal Article

UK ICO Publishes New Guidance on the Right Of Access

01/12/20

On 21 October 2020, the UK Information Commissioner's Office ("ICO") released its updated guidance on the Right of Access under Article 15 of the EU General Data Protection Regulation ("GDPR"). The Right of Access The right of access provides individuals with the…

Legal Article

Inconsistencies in "unimpressive" claimant's evidence - claim dismissed

01/12/20

Forbes acted for a Midlands steel company and at trial successfully defended an alleged slipping claim. The Claimant was employed by the Defendant as a driver. He alleged that on the date of the accident in 2016 he was securing a load of stock and, as a result of oil getting on to his vehicle and…

Legal Article

HSE is checking businesses in the transport sector are COVID-secure

01/12/20

In the run up to the festive period, the Health and Safety Executive (HSE) is working with local authorities to inspect businesses in the transport and logistics industry to ensure they are managing the risk of coronavirus (COVID-19). With the current lockdown restrictions, the demand for online…

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November

Legal Article

Should Local Authorities be making strike out applications based on CN v Poole?

11/11/20

Recently the Court heard an Application brought by the Local Authority, Derbyshire County Council, to strike out a claim in negligence brought by X, a minor. Under CPR 3.4 the Court has the power to strike out a statement of case if it appears that there are no reasonable grounds for bringing the…

Forbes News

Forbes Solicitors Launches Business 'Sounding Board'

10/11/20

Forbes Solicitors Launches Business 'Sounding Board' In collaboration with business leaders and advisers across the region, Forbes Solicitors is launching its latest initiative, the Sounding Board. This will provide the opportunity for businesses to access a complimentary one-hour…

Forbes News

Forbes Solicitors launches inaugural Reinvention and Resilience Top 50

03/11/20

Forbes Solicitors has launched its inaugural Reinvention and Resilience Top 50 - an insightful report featuring North West businesses that have innovated and diversified during the Coronavirus pandemic. The regional law firm compiled the research - including nominations from small-to-medium-sized…

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October

Legal Article

Civil Justice Council Launches Review of Pre Action Protocols

29/10/20

The Civil Justice Council (CJC) is conducting a review of all the pre-action protocols (PAPs). The review will look at all aspects of PAPs, including their purpose, whether they are working effectively in practice and whether any reforms are required. The CJC is particularly interested in how PAPs…

Legal Article

RTA Portal to go ahead next April

29/10/20

The Ministry of Justice has confirmed that the plan remains for the new RTA portal to go live next April. This is despite concerns that the pandemic may have led to yet further delays. The rules committee met earlier this month to discuss the new rules that will be required. Details of their…

Legal Article

Massive fine for employer in workplace fatal accident

29/10/20

Leadec Limited, a specialist industrial services company has been fined £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…

Legal Article

Recoverability of Inquest Costs by a Claimant

28/10/20

In the case of Greater Manchester Fire and Rescue v Veevers [2020] 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…

Legal Article

Accommodation Costs - the new Formula

28/10/20

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…

Legal Article

Guideline Hourly Rates under fire

28/10/20

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…

Legal Article

Compensation Act referred to by Judge in dismissing footballer's claim

28/10/20

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…

Legal Article

Employer not directly, nor vicariously, liable for practical joke

28/10/20

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…

Legal Article

Are you due a refund from the Court for court fees paid to a Claimant?

28/10/20

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…

Legal Article

Accommodation Costs - the new Formula

14/10/20

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…

Legal Article

Massive fine for employer in workplace fatal accident

01/10/20

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…

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September

Legal Article

Bereavement Awards for Cohabitees

30/09/20

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…

Legal Article

The HSE Construction Health Inspection Initiative

30/09/20

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…

Legal Article

Claimant "nowhere near" proving causation

30/09/20

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…

Legal Article

Shaukat v an Insurer

30/09/20

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…

Legal Article

Potential Consequences of Claimant Abuse of the Personal Injury Portal Process

02/09/20

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…

Legal Article

The cost of fire safety works in high rise blocks

02/09/20

A Parliamentary Briefing Paper was recently published on 16 June 2020 entitled Leasehold high rise blocks: who pays for fire safety work? The full article can be found here - we have picked out some of the main points below. As at 31 May 2020, 455 residential blocks and public buildings over 18…

Legal Article

Claimant fundamentally dishonest - Pennington v Wigan Council

02/09/20

The facts The Claimant alleged that on 25th September 2015 at around 7.30pm he was out walking his dog with his brother. As they were walking along a footpath/alleyway in Pemberton, the Claimant claimed that his foot hit a raised section of paving which caused him to fall and sustain a fractured…

Legal Article

Forbes at Trial - CCTV helps successful defence

02/09/20

Forbes at Trial CCTV helps successful defence Forbes recently successfully acted for a retail organisation in defending a personal injury claim in which CCTV of the event played a vital role. Often CCTV is inconclusive as, for example, it does not capture the right angle or is too far away to…

Legal Article

Roundup of HSE fines in August 2020

02/09/20

Roundup of HSE fines in August 2020 Simple working practices could have easily avoided these 4 accidents that resulted in fines, adverse publicity and potential personal injury claims for the companies involved. 1 - Brebner and Williamson Limited has been fined following an incident where…

Legal Article

ERRA and the role of the six pack regulations

02/09/20

To what extent should a breach of Health and Safety Regulations affect a finding of negligence since S69 of the Enterprise and Regulatory Reform Act 2013? A recent Scottish case looked at the relevance of the so called "six pack" of health and safety regulations in ascertaining whether…

Legal Article

NIHL claim was out of time

02/09/20

The Claimant claimed damages following the development of hearing loss and tinnitus caused by alleged exposure to excessive levels of noise during his employment as a welder with the Defendant between 2002 and 2012. It was alleged that the Claimant could not wear ear defenders when wearing his…

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July

Legal Article

The HSE Have Published The Annual Fatality Statistics For 2019/2020

30/07/20

On the 1st July 2020, the HSE released the annual figures for 2019/20 for workplace fatal injuries reportable under RIDDOR and falling within their jurisdiction as enforcement authority. The figures as yet are provisional and will be finalised in July 2021. What are the Key trends shown by the…

Legal Article

It's a knockout

30/07/20

What duty is owed to a person voluntarily involved in a fun recreational activity, by the organisers of that activity? This was the main question in a case where Forbes recently successfully acted for the operators of a fun activity centre, where participants carried out activities on various large…

Legal Article

Tree Root Subsidence Claims

30/07/20

During the previous months of lockdown we have understandably noticed a delay in the progression of tree root related subsidence claims. However, as we come out of the lockdown and head towards the autumnal months we would expect to see an increase in claims activity. Historically, the dryer late Spring…

Legal Article

Seasonal hazard - Injuries caused by falling trees and branches

30/07/20

At this time of year many of us enjoy and use our Council run green spaces, whether they might be city parks, suburban recreational areas or larger green areas further out from the centre of our Towns and Cities. These green spaces come in many different shapes, sizes and location types but ordinarily…

Legal Article

New Edition of the Ogden Tables is Published

30/07/20

The Government Actuary's Department published the 8th edition of the Ogden Tables on the 17 July 2020. The Ogden Tables, used to calculate future losses in personal injury and fatal accident cases in the UK, have been updated and the explanatory notes have been completely rewritten in this 8th…

Legal Article

Limits on Article 2 Inquests in Deprivation of Liberty (DoLS) Case

30/07/20

In the case of R (on the application of Maguire) v HM Senior Coroner for Blackpool & Fylde [2020] EWCA Civ 738, The Court of Appeal has ruled that the state's investigative obligations under Article 2 ECHR do not arise where someone lacking capacity and deprived of their liberty (who we will…

Legal Article

Failure to remove cases and assumption of responsibility

30/07/20

When CN and GN v Poole came before the Supreme Court for a final judgment it was hoped by both claimant and defendant practitioners that clarity would be provided as to the crucial question of when and in what circumstances a duty of care would be owed to a claimant who it was alleged should have been…

Legal Article

Failure to remove cases and assumption of responsibility

24/07/20

When CN and GN v Poole came before the Supreme Court for a final judgment it was hoped by both Claimant and Defendant practitioners that clarity would be provided as to the crucial question of when and in what circumstances a duty of care would be owed to a claimant who it was alleged should have been…

Legal Article

New Edition of the Ogden Tables is Published

21/07/20

The Government Actuary's Department published the 8th edition of the Ogden Tables on the 17 July 2020. The Ogden Tables, used to calculate future losses in personal injury and fatal accident cases in the UK, have been updated and the explanatory notes have been completely rewritten in this 8th…

Legal Article

The HSE have published the annual fatality statistics for 2019/2020

13/07/20

On the 1st July 2020, the HSE released the annual figures for 2019/20 for workplace fatal injuries reportable under RIDDOR and falling within their jurisdiction as enforcement authority. The figures as yet are provisional and will be finalised in July 2021. What are the Key trends shown by the…

Legal Article

Effective Risk Assessing Post-COVID

03/07/20

Coronablindness (Noun) "To become blind to previously obvious matters as a result of a temporary impairment of the mind caused by a global pandemic, mass lockdown and/or over-indulgence in alcoholic beverages during said periods". Usage "Sorry I forgot to put apply the…

Legal Article

Limits on article 2 inquests in deprivation of liberty (DoLS) case

01/07/20

In the case of R (on the application of Maguire) v HM Senior Coroner for Blackpool & Fylde [2020] EWCA Civ 738, The Court of Appeal has ruled that the state's investigative obligations under Article 2 ECHR do not arise where someone lacking capacity and deprived of their liberty (who we will…

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June

Legal Article

PPE in non-healthcare work during the coronavirus outbreak

30/06/20

The HSE has reminded us that the coronavirus outbreak has not changed an employer's duty to make sure people are not exposed to hazardous substances as part of their work and has issued guidance to employers specifically aimed at the outbreak. Personal protective equipment (PPE) protects the…

Legal Article

House of Commons votes against revoking secondary care legislation

29/06/20

The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 were introduced this April as an emergency response to the COVID-19 pandemic. Without parliamentary scrutiny or in-depth consultation, the changes were made with minimal consultation and without adherence to the usual 21-day notice…

Legal Article

Civil Justice Review of the impact of COVID-19 on the Courts.

29/06/20

The Civil Justice Council has published its report following the review of the impact of the COVID-19 Pandemic on the Civil Justice System. The report notes the rapid expansion of the use of remote hearings, the fact that very few face to face hearings have taken place in April and May 2020, and the…

Legal Article

HSE Prosecutions Update

29/06/20

Two recent HSE prosecutions remind employers of their obligations to employees when working in potentially dangerous situations and of the fines and imprisonment that will follow if the HSE finds failings. Chelmsford Crown Court heard that in July 2017, a worker was seriously injured when roof…

Legal Article

Claimant's claim discontinued in face of robust expert evidence

29/06/20

Forbes recently represented a Local Authority in respect of multi-track case brought by a school boy who had suffered serious dental injuries when a door in a school corridor collided with his face. It was the claimant's case that a fellow pupil had accidentally pushed/kicked the door from the…

Legal Article

Claim put on ice as claimant discontinues slipping claim

29/06/20

Despite this current heatwave, Forbes has defended a claim for personal injury following a slip on ice. We examine why the claimant discontinued the claim and what local authorities can do to be in a position to defend such claims. M v North Lincolnshire Council The claimant alleged that…

Legal Article

Barlow v Wigan Metropolitan Borough Council (2020) EWCA Civ 696

29/06/20

In an important ruling for local authorities the Court of Appeal has overturned the High Court decision that for a path to be a highway maintainable at public expense it did not have to be constructed by a highway authority acting in its capacity as a highway authority. In Barlow v Wigan [2020]…

Forbes News

Forbes Solicitors Announces 35 Promotions

24/06/20

Leading law firm Forbes Solicitors has made 35 promotions as it continues to strengthen its commitment to people development and recognise outstanding client service. There have been seven promotions to Partner across a number of the firm's specialisms and offices throughout Lancashire and…

Legal Article

Harlequin Inquests

19/06/20

Chief Coroner's Guidance No.38 Just a quick alert for all PiPs (Properly interested persons) currently awaiting Inquest Hearings presently placed "on hold" in light of the COVID-19 lockdown, that plans are afoot to get the hearings moving again. On 11 June 2020 HHJ Mark Lucraft…

Legal Article

Extension to ABI Agreements

16/06/20

We have previously reported on the various agreements in place between insurers/defendant representatives and claimant organisations to deal with claims and litigation issues arising out of the COVID-19 crisis. We can confirm that following a review last week the ABI has agreed an extension to…

Legal Article

Changes afoot to the Fatal Accidents Act 1976

01/06/20

Section 1 (1) of the Fatal Accidents Act 1976 provides a right of action under statute that enables dependents of the deceased, who has died due to the wrongdoing of another, to recover damages. Of course, had death not ensued, the deceased must have been entitled to recover damages in respect of the…

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May

Legal Article

Extent of the Organisers' Duty of Care in Dangerous Sporting Activities

29/05/20

The High Court has considered the extent of the need for an organiser of an "enduro day", an off-road motorcycling event, to undertake risk assessments in relation to situations where there is an inherent and obvious risk of which the Claimant was aware. The case has wider implications for all…

Legal Article

Company fined £1.1m after worker injured in fall from height

29/05/20

The HSE website has reported that a relocation and refurbishment company has been fined after a worker was seriously injured when he fell from height. Luton Crown Court heard that on 5 September 2016, an engineer was testing a sprinkler system for leaks at a site in Hemel Hempstead. He climbed onto…

Legal Article

The Coronavirus Act 2020 - social care easements and managing risk

29/05/20

The stresses upon and the challenges faced by Social Care in the current environment are multitude. The social restrictions created by lockdown, as well as the effect of the virus on staffing create a situation of unprecedented demand for services and intervention. This was anticipated by Government,…

Legal Article

Regulatory update

29/05/20

Coroners statistics for 2019 The MOJ have recently released the Coroners statistics for 2019 for England & Wales on the 14th May 2020. The statistics confirm: · The lowest level of deaths reported to coroners since 1998, at 210,912. · Of those 1,939 were reports of…

Legal Article

Industry News

29/05/20

The Fatal Accidents Bereavement Award Has Been Increased For fatalities that occur on or after the 1 May 2020 the bereavement award under the Fatal; Accidents Act 1976 has increased from £12 980 to £15 120 in line with inflation since the last increase. There is no change for deaths…

Legal Article

Forbes successfully defends one of the last pre-QOCS cases

29/05/20

Pahatouridis v Newcastle CC Forbes has successfully defended one of the last pre-QOCS cases. The Claimant allegedly fell on the highway in January 2013 prior to the introduction of The Legal Aid, Sentencing and Punishment of Offenders Act 2012 on 1st April 2013. The Claimant had a CFA/staged ATE…

Legal Article

Ski claim goes downhill fast

29/05/20

S -v- Anon Ski & Snowboard Centre A Claimant who brought a claim for personal injury after falling and injuring his knee on a dry ski slope has lost his claim at trial and had his application for permission to appeal the judgment refused. The facts The Claimant alleged that he had…

Legal Article

COVID-19 Considerations for primary schools thinking of reopening

29/05/20

In an attempt to contain the spread of coronavirus, schools were relatively suddenly closed on the 20th March 2020, save for children in priority groups. The government has now announced that as of the 1st of June there will be a staggered return of children to school. Whilst many Councils have said…

Legal Article

The Fatal Accidents Bereavement Award Has Been Increased.

29/05/20

For fatalities that occur on or after the 1 May 2020 the bereavement award under the Fatal; Accidents Act 1976 has increased from £12 980 to £15 120 in line with inflation since the last increase. There is no change for deaths arising before that date. The award is a lump sum payable…

Legal Article

Coroners Statistics for 2019

22/05/20

The MOJ have recently released the Coroners statistics for 2019 for England & Wales on the 14th May 2020*. The statistics confirm: · The lowest level of deaths reported to coroners since 1998, at 210,912 · Of those 1,939 were reports of deaths that had occurred outside…

Legal Article

The Coronavirus Act 2020 - Social Care Easements and Managing Risk

19/05/20

The stresses upon and the challenges faced by Social Care in the current environment are multitude. The social restrictions created by lockdown, as well as the effect of the virus on staffing create a situation of unprecedented demand for services and intervention. This was anticipated by Government,…

Legal Article

ICO Publishes Guidance for Workplace Testing

18/05/20

The ICO has published 'Workplace Testing - Guidance for Employers' in order to assist employers considering introducing workplace testing in a bid to make workplaces safe in light of the coronavirus pandemic. The starting point is that as long as there is a good reason for doing so,…

Legal Article

Lifting the Lockdown; Risk Assessments for Sports Clubs

14/05/20

Is it possible to practice for world-class team performances by kicking a ball against a wall on your own? Here at Forbes Sports we have been sat around in our home offices anxiously awaiting arrival of news about what will happen with pretty much every sports season, event, or league which used to…

Forbes News

New BiLA President Announcement

11/05/20

David Mayor, a Partner in Forbes Solicitors' Insurance department, has become the new President of Blackburn Incorporated Law Association (BiLA). The Association exists to help local law practitioners and provides educational meetings and a range of support. It holds regular events and has…

Legal Article

Considerations for reopening the workplace following the easing of lockdown

11/05/20

How do you keep your workforce safe from a virus which has spread the globe on pandemic scales, leaving death and destruction in its wake? It is fair to say that last night's announcement has left those Britons desperately seeking respite from lockdown considerably underwhelmed but, now there…

Legal Article

Children's Social Care - The Secure Placement Lacuna

04/05/20

18 months ago, the President of the Family Division, Sir Andrew McFarlane raised grave concerns, stemming from the official figures and anecdotal evidence of advocates and judges, as to the growing disparity between the demand for secure accommodation places and the limited number available. Thus,…

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April

Legal Article

Claim fails after failing to provide adequate photographic evidence of defect

27/04/20

Anon v Tameside MBC The facts The Claimant alleged in April 2018 she was crossing the road to catch a bus when she tripped and fell in a defective drainage grid at the edge of the carriageway. The Claimant alleged that the accident was caused by the negligence of the Defendant and…

Legal Article

Misjudged Claim Fails

27/04/20

A Claimant has lost her claim at trial after the Judge found that the accident occurred because the Claimant misjudged the kerb. The facts In November 2015 at approximately 17.30 the Claimant alleged that she was stepping off the pavement onto the road when she tripped on an uneven surface…

Legal Article

An attempt to avoid the consequences of QOCS backfires

27/04/20

W v Anon Housing Association and Anon Council The facts A Claimant brought a claim after allegedly tripping on a raised and loose flagstone on the pathway outside of her home address. The First Defendant housing association was the owner of the pathway and the Second Defendant local…

Legal Article

The Camera Doesn't Lie

27/04/20

Anon v Wigan Council The facts The Claimant was walking along a road when she tripped and fell over a defect on the pavement in August 2015. It was alleged that she fell due to the presence of a lip/edge on the highway which had formed where an area of concrete abutted the adjacent paving…

Legal Article

Regulatory Update - April

27/04/20

CQC stops routine inspections during COVID-19 pandemic The Care Quality Commission (CQC) has announced that it has stopped routine inspections from Monday 16 March. It has confirmed that during the COVID-19 pandemic, "the CQC's primary objective will be to support providers to keep people…

Legal Article

Whiplash Reform Programme to be delayed until April 2021

23/04/20

The Lord Chancellor and Secretary of State for Justice, Robert Buckland has confirmed that the implementation of the whiplash reform programme will be pushed back until April 2021. In a written Ministerial Statement Robert Buckland announced that the government remains "firmly committed"…

Legal Article

What are your RIDDOR requirements to report to the HSE in light of COVID-19?

08/04/20

Following on from the recent article on COVID-19 Risk assessments , the Health & Safety Executive, have provided further guidance on the reporting requirements under 'The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013' (RIDDOR). A report should only be made…

Legal Article

Coronavirus and the impact on insurance claims

08/04/20

We are currently navigating unchartered territories as practitioners grapple with the challenges of working from home and life under lockdown. It is inevitable that the way we conduct and defend insurance claims must change to adapt to the new situation we find ourselves in. Deadlines It…

Legal Article

Supreme Court hands down two long awaited decisions on vicarious liability

02/04/20

The Supreme Court has handed down two long awaited decisions: WM Morrison Supermarkets plc v Various Claimants and Barclays Bank plc v Various Claimants . Both Judgments deal with issues arising out of the concept of 'vicarious liability'. The Supreme Court has sought to narrow the…

Legal Article

COVID-19 - APIL and FOIL Agree Best Practice for Mutual Co-Operation

02/04/20

FOIL and APIL have agreed a set of best practices for their members to consider and adopt during the coronavirus outbreak. Full details can be found here , but in summary the following matters have been agreed: Telephone calls/Email Practitioners should engage by telephone and/or email…

Legal Article

HMCTS Announces Civil Court Listing Priorities

01/04/20

The HMCTS has published its listing priorities for civil work in the County Courts. Work has been split between priority 1 - work that must be done and priority 2 - work that could be done. Priority 1 - work that must be done · Committals · Freezing Orders ·…

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March

Legal Article

Covid-19 Response - An Update

27/03/20

As the country goes into lockdown, we are still waiting for formal guidance on how civil practitioners should proceed. These are without a doubt unprecedented times, so it comes as no surprise that we have experienced an inconsistent approach by the Courts. This week a Judge refused to do a full list of…

Legal Article

North Manchester Coroner Adjourns all Inquest Hearings until 1st September 2020

25/03/20

The Senior Coroner of North Manchester has written to all stakeholders to confirm that due to the current COVID 19 situation they have taken the decision to adjourn all Inquest hearings from 4pm on Monday 23rd March 2020 until 1st September 2020. All cases listed between Monday 23rd March 2020…

Legal Article

Same Rules - Different Game: Procurement Policy During The Coronavirus Outbreak

25/03/20

The coronavirus outbreak has produced a lot of government action targeted at keeping infections down and that has in turn affected a lot of organisations, their contracts with each other and their plans for future procurement. For buyers subject to the Public Contracts Regulations 2015 (PCR) or the…

Legal Article

Whiplash Reforms Delayed

24/03/20

Lord Chancellor and Secretary of State for Justice Robert Buckland has provided an update on the next steps for the Whiplash Reform Programme. As anticipated, he has confirmed that the Government has decided that more time is needed to make sure the Whiplash Reform Programme is ready for implementation…

Legal Article

Bereavement Damages Update

24/03/20

Increase in Bereavement Award From 1st May 2020, Bereavement damages will be increased from £12,980 to £15,120. The Damages for Bereavement (Variation of Sum) (England and Wales) Order 2020 was laid before Parliament on 19th March 2020.The increase will apply to causes of action in…

Legal Article

Regulatory Update - March 2020

24/03/20

Construction firm fined by HSE after worker suffers serious injuries in fall from height A construction firm has been fined £55,620 after a 17-year-old worker fell through an opening for a roof light. The roof light had been covered with a sheet of insulation and the area had been left…

Legal Article

Forbes at trial: Double Construction Wins

24/03/20

Forbes has successfully defended two construction workplace claims for personal injury. We examine the facts of the cases, how the Judge made the decision and what lessons can be learnt. Successful Case 1 for a Construction & Infrastructure Company Plc (D2) The facts The Claimant was…

Legal Article

Forbes at trial: Farcical motorbike RTA claim found fundamentally dishonest

24/03/20

Anon v Sunderland City Council The facts The Claimant alleged that he was involved in a road traffic accident in November 2016. The Claimant and his friend were riding their motorbikes along the road, when he claimed to have encountered a large and deep pothole in the road as he entered a…

Legal Article

Forbes at trial: Unsavoury character loses claim for personal injury

24/03/20

Anon v Bury Council The facts The claimant alleged that he tripped and fell on defective footpath on the grass verge which was dropped by about 2 inches at the edge. He suffered from shock for four days, and a soft tissue injury to his ankle. The defendant admitted breach of statutory…

Legal Article

COVID-19 and the Justice System

19/03/20

The present circumstances On 18 March 2020, the Lord Chancellor affirmed that "the rule of law is vital to a functioning democracy and even at times like these, it is essential that our independent courts are able to administer justice." Whilst many public places have either been…

Forbes News

Covid-19 Update

18/03/20

At Forbes Solicitors, we are keen to reassure clients that we have robust business continuity measures in place to protect and maintain service levels so we can continue to support our clients. The health and welfare of our colleagues and clients is paramount. We will continue to monitor the most…

Forbes News

Forbes Solicitors Joins LawPact® As It Targets Further Growth

04/03/20

Leading law firm Forbes Solicitors has joined LawPact® - the international association of independent business law firms - as it expands its national and global reach. Having grown its team with 89 new appointments in 2019 and taken on the largest cohort of trainee solicitors to date, Forbes is…

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February

Legal Article

HSE issues a fine after teacher left injured after being run over by delivery van

06/02/20

In February 2016, a teacher was stood in front of St Andrew's College in Cambridge when a delivery driver employed by St Andrew's Tutorial Services Ltd, failed to spot the teacher and reversed over her. The delivery driver only stopped his delivery vehicle after members of the public alerted him…

Legal Article

School Risk Assessments Uncovered

06/02/20

When defending a claim arising out of an accident in an educational setting one of the first questions a lawyer will ask is 'where is the risk assessment'? Thorough and detailed risk assessments which have been acted upon are instrumental in defending claims for personal injury. What should…

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January

Legal Article

Forbes at Trial: Home goal for successful claimant

20/01/20

The Claimant alleged that he had been playing football on an artificial pitch and had fallen on a concrete lip sustaining a personal injury to his knee. The pitch was owned by the local authority (the Second Defendant represented by Forbes Solicitors). The First Defendant rented the pitch from the…

Legal Article

Forbes at Trial: Claim that failed to 'add up' dismissed by the Court

20/01/20

Anon v Rochdale Borough Council The Claimant alleged that she was walking her grandchildren to school when she tripped and fell over a raised paving stone. She fractured her left shoulder and brought a claim for personal injuries against the local authority. The Defendant admitted breach of…

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