Forbes Solicitors
Insurance eNews  December 2017

Court of Appeal Allows Transfer of CFA from one Law Firm to Another


Unmarried Partner wins the Right to Bereavement Damages


Dishonest Claimant held in Contempt of Court

Court of Appeal Allows Transfer of CFA from one Law Firm to Another

Budana (Appellant) v Leeds Teaching Hospitals NHS Trust (Respondent) & Law Society (Intervener) (2017)[2017] EWCA Civ 1980

The Court of Appeal has ruled that the transfer of a CFA entered into before 1 April 2013 from one law firm to another was valid and that the success fee was also recoverable from the defendant.

Ms Budana instructed solicitors to pursue a personal injury claim against the NHS Trust, and she entered into a CFA with a 100% success fee.



BNM v MGN LTD (2017)[2017] EWCA Civ 1767 CA (Civ Div)

In this anticipated Judgment the Court of Appeal overturned the decision of the Senior Costs Judge and confirmed that the old proportionality test applies to pre-commencement and recoverable additional liabilities. 

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Unmarried Partner wins the Right to Bereavement Damages

Smith v (1) Lancashire Teaching Hospitals NHS Trust (2) Lancashire Care NHS Foundation Trust (3) Secretary of State for Justice [2016] EWHC 2208 (QB)

A woman has successfully fought for the right for unmarried persons to receive bereavement damages after her partner of 16 years died as a result of negligence in 2011.

A fixed sum of £12,890 is paid out to spouses or civil partners if a person dies as a result of negligence.  When Ms Smith’s partner died she found that she was not eligible for the payment because she had not been married to Mr Bulloch.


Compelling Evidence in Support of McGeown Defence Sees Off Claim

A Claimant has been forced to discontinue her substantial claim for personal injury in the face of overwhelming evidence in support of a McGeown defence.

The Claimant alleged that she slipped and fell on a slippery substance whilst walking on a footpath between a supermarket and a public car park.

The Defendant argued that it was not liable and sought to rely on the case of McGeown v Northern Ireland Housing Executive (1994). The Defendant invited the Claimant to discontinue her claim.

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Dishonest Claimant held in Contempt of Court

Advantage Insurance Ltd v Christopher Ewere (2017)QBD (Slade J) 16/11/2017

A person who falsely claimed to have been in a parked car when it was struck by another has been found in contempt of court.

The defendant, Mr Ewere, brought a personal injury claim against the driver who bumped into his parked car. The driver contended that she had reversed into the defendant's car, but that nobody had been in it. She went to a nearby house and spoke to two sisters, whom she knew. She asked them who the parked car's owner was and was directed to the defendant's house. Mr Ewere answered the door whilst getting dressed and they went to look at his car.


Portal Costs - Failure to Submit the Correct CNF

Forbes successfully defended an attempt by Claimant solicitor to obtain more lucrative fixed costs after the matter fell out of the portal following a failure by the Claimant to submit the correct CNF.

The Claimant was injured whilst working on a building site operated by the Defendant. The Claimant submitted an Employers Liability CNF via the portal on 6 March 2015.

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No Duty to Repair Uneven Driveway

Powell v Lancaster City Council

The Claimant alleged that during the course of his employment as a paramedic he attended a property owned by the Defendant. It was dark and as he approached the property carrying a defibrillator he twisted his ankle on the driveway suffering a personal injury to his ankle.

The claim was brought pursuant to section 4 of the Defective Premises Act 1972. The Claimant argued that the Defendant had failed to keep the premises in good repair and had allowed the property to fall into and remain in a defective state. The Claimant also argued that the Defendant failed to have in place or operate any adequate inspection or repair.

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