Legal Article
10/04/24
Forbes recently handled an RTA claim in which liability had been admitted. The Claimant initially complained of neck, shoulder and lower back pain which radiated into her pelvis, legs and toes. She also complained of knee pain and headaches. She was referred to an orthopod by the original expert. When…
Legal Article
10/04/24
In March, the Court of Appeal confirmed, in the decision of Hadley v Przybylo [2024] EWCA Civ 250, that solicitors can seek to recover the costs of attending case management meetings though the precise amount to be recovered would depend on the individual case. As such the court declined to set specific…
Legal Article
10/04/24
Forbes have recently successfully defended another highway tripping claim in Manchester County Court. The claimant alleged that she fell on a pothole in the carriageway, as she tried to climb into a taxi, after leaving an Amy Winehouse tribute night at a local pub, suffering significant facial…
Legal Article
10/04/24
The recent case of Omar Elbanna v Tom Clark [2024] EWHC 627 (KB), in which the High Court handed down Judgment on 20 March 2024, serves as a useful reminder of the duties participants in sports owe to each other, and how they may be breached. The case is a tragic example of how things can go…
Legal Article
10/04/24
The Supreme Court has handed down judgment in the conjoined appeals of Charlotte Victoria Hassam & Anor. v Yoann Samuel Rabot & Anor . which clarifies the approach to be taken for the assessment of damages following whiplash reforms. The Civil Liability Act 2018 ('CLA 2018') in…
Legal Article
03/04/24
Susan Greens, a 95 year old resident of Springfield Bank Care Home in Scotland was missing from the grounds on the night of 16th December 2021. Following a search for the missing resident, care assistants located Mrs Greens outside in a courtyard after a fall which had caused injury to her head. Mrs…
Legal Article
03/04/24
The 17th edition of the JC Guidelines has now been released. Since the first edition in 1992 these guidelines have been the first port of call for valuing general damages in any personal injury claim. Unsurprisingly the figures in the new edition have increased since the previous version. The…
Legal Article
14/02/24
Our recent trial win in respect of a highways claim is a good reminder that the burden of proof lies with the claimant. In the case the claimant initially alleged in his letter of claim that he was visiting his son's place of work when he tripped because of a pothole. He then subsequently told…
Legal Article
14/02/24
The appeal decision of the Supreme Court was handed down towards the end of 2023 in the case of TUI UK Ltd v Griffiths [2023] UKSC 48, providing important clarification of when a court can evaluate and reject an "uncontroverted" expert's report. Mr Griffith's claim arose from a…
Legal Article
14/02/24
The HSE has now published its annual statistics in respect of work related ill health and workplace injuries. That report confirms that nearly 2 million workers in Great Britain reported suffering from work related ill health in 2022/23. Historically since pre- Covid 19 the rate of self-reported work…
Legal Article
16/01/24
It is customary at this time of year to avoid reflecting on the poor decisions the office Christmas party may have brought by scanning the new year's horizon for signs of changes to come, and potentially to come. 2023 was a big year for litigation, most recently with the introduction of fixed…
