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Insurance eNewsDecember 2014 |
Welcome to Forbes' Insurance eNewsletterOur aim is to keep you updated on the latest news and legal developments. We will also keep you updated on our latest seminars, conferences and un-missable practical guides on a range of insurance issues. The Forbes' Insurance Team Fundamental DishonestyAfter much debate in the House of Lords, the proposed clause 49 of the Criminal Justice and Courts Bill currently has been agreed. The Bill is expected to become law by January 2015 with the implementation date likely to be April 2015. The aim of Bill is to prevent fraudulent and perhaps more crucially, grossly exaggerated claims. Clause 49 provides that upon an application by the defendant, if the Court finds on the balance of probabilities that a claimant who is entitled to.....to read the full article please click here. Home Grown Insurance Talent Promoted to Partner
Occupiers Cases - The System of Inspection Must be Effective!Butcher v Southend on Sea Borough Council CA (Civ Div) (Kitchin LJ, Bean LJ) 30/10/2014 In this Court of Appeal case, it was found that to successfully defend a claim for breach of the Occupiers Liability Act, it is not sufficient for occupiers to claim that they operate a system of inspection. The accident took place on a path in a sheltered housing complex owned by.....to read the full article please click here. Post-Portal PADs - Fixed Costs Since the advent of fixed costs, Defendants and Insurers alike have seen Claimant solicitors utilise ever changing methods to try and ensure that turnover remains high. Pre-action disclosure applications (PADs) are becoming more and more regularly tapped. Claimant solicitors are trying to circumnavigate fixed costs by claiming that post-portal PADs.....to read full article please click here. Forbes at Trial Snow problem: icy conditions underfoot not the defendant's responsibility Burrows v The Co-operative Group, St Helens County Court - District Judge T J Gray. On 06 January 2010, the Claimant slipped on ice on the pavement outside of a Co-operative food store. She claimed that the ice was caused by water ejected from the store's drainpipe. The Claimant alleged that water from this drainpipe flowed directly onto the pavement.....to read the full article please click here. Failure to Provide PPE Claim Fails Myers v Hull City Council, District Judge Charnock Neal. Forbes has successfully defended a claim at trial on behalf of Hull City Council. It was alleged by the Claimant that on 09 November 2009 whilst attending college and undergoing a course of tuition he sustained a personal injury. The Claimant had been welding a piece of metal and was using the grinding machine when a piece of metal flew from the.....to read the full article please click here. Claimant Who Walks into Barrier is "Author of his Own Misfortune" Barnsley v Burnley Borough Council, Burnley County Court - District Judge Rouine, Friday 7th November 2014. The Claimant alleged he suffered a personal injury in August 2012. The Claimant contended that he was walking through a car park owned by the Defendant when he was struck by a descending automatic car park barrier. It was the Claimant's case that the barrier protruded.....to read the full article please click here. |
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