Whiplash Reform Programme to be delayed until April 2021

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” to implementing the measures to control the number and cost of whiplash claims, however “it is apparent that the current Covid-19 pandemic has had an unprecedented impact on the medical, legal and insurance sectors.

Coronavirus and the impact on insurance claims

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. 

QOCS - The Court of Appeal reluctantly allows the defendant to offset the costs of an appeal

Siu Lai Ho (Defendant/Appellant) v Seyi Adelekun (Claimant/Respondent) (2020) [2020] EWCA Civ 517 CA (Civ Div) (Sir Geoffrey Vos C, Newey LJ, Males LJ) 09/04/2020 (Lawtel)

The facts

The Claimant issued a personal injury claim under the RTA pre-action protocol. The Defendant denied liability, and the claim exited the protocol and was allocated to the fast track.

Regulatory Update

• CQC stops routine inspections during COVID-19 pandemic
• When to report COVID-19 under RIDDOR
• Health Board fined after three patients die in acute psychiatric ward
• Landlord receives suspended prison sentence for gas safety failings
• Worker loses her thumb on a processing line

Forbes at Trial: The Camera Doesn’t Lie

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 slabs. 

The Defendant denied liability and contended that the defect was not dangerous and did not meet the Highways Authority’s criteria for intervention of 25mm.

Supreme Court hands down two long awaited decisions on vicarious liability

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 circumstances in which vicarious liability applies and to clarify misunderstandings arising out of earlier judicial decisions.

An attempt to avoid the consequences of QOCS backfires

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 authority was responsible for carrying out regular inspections of the pathway pursuant to a contract between the two Defendants. Forbes acted on behalf of the Second Defendant only.

Misjudged Claim Fails

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 created by a broken kerbstone.

The Defendant admitted breach of duty but put the Claimant to proof regarding the mechanics of the accident.

Claim fails after failing to provide adequate photographic evidence of defect

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 brought a claim pursuant to Section 41 of the Highways Act 1980.  The Defendant sought to rely on a Section 58 defence and put the Claimant to proof.