What to expect in 2017?

There is no doubting that 2016 was an eventful year in more ways than one but what can we expect from 2017? 

The government seems set on significantly reforming the personal injury sector.  At the end of last year the government unexpectedly announced a consultation including a package of measures designed to crack down on minor, exaggerated and fraudulent soft tissue injury claims stemming from road traffic accidents, and a proposal to increase the small claims track limit to £5000 or higher.  The government is expected to report by April 2017. 

Following Briggs LJ’s Report on the reform of the Civil Courts structure, the senior judiciary have endorsed his proposals and have confirmed that they intend bring them to fruition.  In particular, Briggs LJ recommended the introduction of an online court for claims up to £25,000.  The suggested proposals cannot be implemented over night but.....

Court of Appeal clarifies “reasonable foreseeability test”

A cathedral appealed against a finding of liability after it was found liable in negligence for an injury sustained by a pedestrian who had tripped and fallen over a small piece of concrete protruding from the base of a traffic bollard whilst walking within the grounds.

At first instance, the judge concluded that the protruding concrete gave rise to the foreseeable risk of injury and therefore found the cathedral liable.....

Paraplegic mountain biker wins case against instructor

In this tragic case, the claimant was left paraplegic after falling during a mountain bike tuition course run by the defendant.  

The claimant took part in a beginners' mountain bike tuition course.  The website described that the beginners' skills course was, "…ideal for the complete novice or those wishing to progress their riding. Our aims are to enable the participant, to ride more technically demanding terrain in a safer/controlled manner."

Unfortunately, whilst the claimant was cycling down a slope he went over the top of the handlebars, and suffered extremely serious personal injuries.  The claimant alleged.....

Forbes at Trial: Its not all plain sailing

Evidence from paramedics and a 999 log led to the downfall of this claim for personal injury.

The claimant alleged that she sustained serious injuries whilst using a slipway to launch her boat with her husband.  She claimed that the slipway ended abruptly and as a result she fell into the estuary below, fracturing her leg in two places.

At trial, the defendant raised concerns.....

Forbes at Trial: Teenager who fell from roof of teen shelter loses claim against Council

A teenager brought a claim for compensation after he suffered brain damage following a fall off a teen shelter on a play area.  The claimant had accessed the top of the shelter by climbing the adjacent fence and stepping over onto the top of the structure.

It was alleged that the defendant ought to have installed a soft surface to brace the fall of anyone who might fall from it and that the proximity of the fence to the teen shelter encouraged visitors to climb on to the roof.

The Judge disagreed and found.....

Forbes at Trial: Defect Not an Accident Waiting to Happen

The Claimant brought a claim for personal injury after tripping whilst taking a short cut across the frontage of a funeral parlour.

The Claimant alleged that there was a depression in the tarmac at the point it met a paved slab which caused her to trip and fall forwards.

Whilst the judge was satisfied that the Claimant had tripped in the general area he did not consider that the depression constituted.....

Forbes’ Appeal Success – Claimant fails to put a new slant on the Defective Premises Act

The Claimant alleged that when she moved into a rented property a number of paving slabs were stacked together and leaning against a fence, a month later the Claimant fell over the paving slabs and sustained an injury.

The Claimant argued that in failing to remove or render the paving slabs safe prior to tenanting the property the Defendant had breached s.4 DPA and of s.11 Landlord and Tenant Act 1985 in addition to common law negligence. 

Upon reviewing the facts and serving the Defence, the Defendant determined...