Forbes Solicitors
Insurance eNews  December 2018

Appeal: Court Agrees Depression Cycled Over by 12,400 Cyclists is Not Dangerous


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Appeal: Court Agrees Depression Cycled Over by 12,400 Cyclists is Not Dangerous

Surrey County Council v Hilliard (2018) QBD (Slade J) 16/10/2018

Surrey County Council successfully appealed a district judge’s decision that it was in breach of section 41 of the Highways Act 1980 after a cyclist was injured in a closed road race.

The facts

The claimant had taken part in a non-competitive closed road cycle. There were roughly 16,000 cyclists cycling 100 miles. A depression in the road measuring at least 30mm deep caused the claimant to fall off his bicycle and suffer personal injury.


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PI Lawyer and Medico-Legal Expert Found in Contempt of Court

Liverpool Victoria Insurance Co Ltd v (1) Kamar Abbas Khan (2) Shafiq Sultan (3) Asef Zafar (4) Mohammed Shazad Ahmed (2018)[2018] EWHC 2581 (QB) QBD (Garnham J) 05/10/2018

A claimant personal injury lawyer and a medical expert have been found to have committed multiple civil contempts.

The facts

In May 2012, the Liverpool Victoria Insurance Company Ltd (LVI) sought the committal for contempt of court of four persons for their involvement in a falsified personal injury claim. The defendants were a lawyer, the manager of a company specialising in personal injury claims, a doctor, and a paralegal.


HSE Releases Annual Injury and Ill Health Statistics

Annual statistics released by the HSE have revealed that in 2017/18, 1.4 million workers suffered from work-related ill health and around 555,000 from non-fatal injuries.

According to key figures in 2017/18 there were:

  • 144 fatal injuries at work
  • 1.4 million working people suffering from a work-related illness
  • 30.7 million working days lost due to work-related illness and workplace injury

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Court of Appeal Agrees Supermarket is Vicariously Liable for the Criminal and Rogue Actions of its Employee

WM Morrison Supermarkets PLC v Various Claimants (2018)[2018] EWCA Civ 233

Morrisons supermarket has lost its appeal to the Court of Appeal. The Court upheld the decision that the supermarket should be vicariously liable for an employee who intentionally disclosed the personal details of staff on a file sharing website.

The Facts

In 2014, a file containing the personal details of 99,998 Morrisons’ employees was posted on a file sharing website. Following a police investigation, an employee, Andrew Skelton, was charged and sentenced to a term of 8 years imprisonment. Skelton was a senior IT internal auditor and was described by colleagues as reliable and trustworthy.


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Increasing Trend of HSE Interventions Within Education Establishments

The HSE reported following the introduction of the new Sentencing Guidelines in February 2016, that in the following year to end March 2017 there had been a 80% increase of fines from the previous year - an increase of fines of £69.9m from £38.8m. Admittedly, the increase in fines is probably the Courts increasing fines as against large organisations who may find themselves being fined in the millions under the new sentencing guidelines.


Regulatory Roundup


  • Logistics company fined for failure to adapt generic risk assessment
  • Council fined following death of 15-year-old boy outside a school

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Forbes at Trial: Occupiers Liability: Courts are not Looking for a Counsel of Perfection

Guildford CC - Judgment of District Judge Bell

The facts

The claimant had attended a farm attraction for children. She had been playing with her 2-year-old son in the undercover soft play area when they left the area to go the toilets. As she walked along the corridor, she slipped. She alleged that the floor was extremely slippery like the area had been covered in washing up liquid. The claimant sustained a serious fracture to her ankle, which required surgery.


Forbes at Trial: Jump, Trip and Skip

Seddon v Bolton Council

Manchester CC

The claimant alleged that she fell in a pothole and sustained serious personal injuries. She brought a claim for personal injury against the local authority.

At trial, the claimant described that she was walking back from the local off licence.

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Winners of the Personal Injury Defendant Team of the Year Award

We are honoured to have won the Personal Injury Defendant Team of the Year Award at the Eclipse Proclaim Personal Injury Awards 2018.

The awards, now in their eleventh year, provide a unique opportunity to highlight and celebrate the excellence of individuals and organisations across the personal injury claims sector.

They bridge the partisan ‘claimant/defendant divide’ by encompassing all professionals and key service providers working in this field. The objectives of the Awards are to identify high standards of practice and to inspire others to emulate the achievements demonstrated by those who have been shortlisted.


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