Forbes Solicitors
Insurance eNews  August 2018

Claimant’s “Performance” in the Box Fails to Convince Judge


Important Decision for Defendants on Fixed Costs


Forbes at Trial:

It’s a Game of Reasonableness

Claimant’s “Performance” in the Box Fails to Convince Judge who is Persuaded by Social Media Posts to make a Finding of Fundamental Dishonesty

Pinkus v Direct Line [2018] EWHC 1671 (QB)

In this RTA case, the judge made a finding of fundamental dishonesty when confronted by Facebook posts which revealed a very different view of the claimant’s lifestyle and mental capacity to the one proffered by the claimant to the Court.


CMR Annual Report Confirms Trend from Holiday Sickness to Housing Disrepair Cases

The Claims Regulator (CMR) has published its annual report. In the report, the CMR confirms that within the past year they have successfully managed to strike down misconduct in the holiday sickness claims market. 

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Important Decision for Defendants on Fixed Costs

Mercel Hislop v Laura Perde : Kundan Kaur v Committee (For The Time Being) Of Ramgarhia Board Leicester (2018)[2018] EWCA Civ 1726

The Court of Appeal determined that a claimant was not entitled to standard or indemnity costs where a defendant accepted a Part 36 offer out of time but before trial.


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Regulatory Roundup

  • Tesco Feels the Brunt of the Sentencing Guidelines
  • Local Authority Fined after Child Suffers Chemical Burns
  • Two Companies Fined After Worker Falls from Flat Roof

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Forbes at Trial: It’s a Game of Reasonableness

James Lewis -v- Burry Port AFC

The claimant was playing in a junior football match for the defendant. During the course of the game the claimant made a sliding tackle and suffered a laceration to his leg. It transpired that there was glass embedded in the surface of the pitch.


Forbes at Trial: Claim Kicked to the Kerb

Ratcliffe v Oldham Metropolitan Borough Council

District Judge Swindley – Manchester CC

The local authority has successfully defended a claim following a fall on a defective kerb.

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NWIOG Conference

We are exhibiting at the NWIOG Conference on Wednesday 19th September 2018 at The Grand Hotel, Blackpool.

We are also hosting a workshop in the morning on the new Highways Code of Practice which comes into force at the end of October.

If you are attending the event come and see the team either on our stand or at our workshop session.


Insurance Department offices in Leeds, Manchester and Blackburn

Head Office Rutherford House, 4 Wellington Street (St John's), Blackburn, BB1 8DD
where a list of partners is open to inspection.

This firm is authorised and regulated by the Solicitors Regulation Authority (SRA No. 46408)

VAT No. 174 394 344   ·   Authorised and regulated by the Financial Conduct Authority   ·   Terms & Conditions

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The content of this e-alert is merely informative and should not be relied upon as a substitute for legal advice