Forbes Solicitors
Insurance eNews  February 2018

PI Reform Update


Forbes at Trial: “A Picture is Worth a Thousand Words”


Forbes at Trial: Pull the other leg!

A Wake Up Call for Organisations Ahead of GDPR as Supermarket is Found Vicariously Liable for Rogue Employee who Maliciously Disclosed Personal Data

Various Claimants v WM Morrisons Supermarket PLC [2017] EWHC3113 (QB)

The High Court considered whether Morrisons supermarket (“the Defendant”) was vicariously liable for an employee who intentionally disclosed personal details of staff on a file sharing website.


Claimant Loses Appeal after Slipping on Ice on a Council Car Park

Cook v Swansea City Council (2017) EWCA Civ 2142

The Court of Appeal has dismissed an appeal from an Appellant Claimant after his claim for damages in negligence and/or breach of duty under s2(2) of the Occupiers’ Liability Act 1957 was dismissed.

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The High Court Provides Guidance on Fundamental Dishonesty after London Olympics Volunteer Brings Dishonest Claim

London Organising Committee of the Olympic & Paralympic Games (In Liquidation) v Haydn Sinfield (2018)[2018] EWHC 51 (QB)

The Court have set out the correct approach to applications to have a personal injury claim dismissed for fundamental dishonesty pursuant to s.57 Criminal Justice and Courts Act 2015 (“CJCA”).


PI Reform Update

Lord Keen of Elie QC has appeared before the House of Commons Justice committee to set out the government’s agenda for personal injury reforms.

This one off session was intended to explain:

  • the rationale and evidence supporting the Government’s proposals for raising the small claims limit;
  • the potential impact of raising the limit, including for employer liability/ public liability claims, and the implications for the judiciary and court staff;


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Forbes at Trial: “A Picture is Worth a Thousand Words”

The Claimant, aged 76 at the date of the accident, alleged that she sustained a personal injury after tripping over a base level barrier after collecting her grandchild from school.  The school was partly under construction and base level barriers are generally used to segregate pedestrian walkways.


Forbes at Trial: Highways Claim Dismissed by Judge

Barnes v Tameside Metropolitan Borough Council

A Judge dismissed a claim for personal injury after finding that the Claimant had failed to prove her claim.

In April 2014, the Claimant alleged that she was walking home from the supermarket when she tripped on a defective grid and stubbed her left toes on a stop tap cap lid, which caused her to stumble forwards and land on a loose paving slab which tilted causing her to also stub her right toes.

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Forbes at Trial: Pull the other leg!

Wigan Council - DDJ Glassbrook - Wigan County Court

A Claimant had her highways claim dismissed at trial after giving unconvincing evidence.

The Claimant alleged that she was walking along a road one evening with her friend, when her right foot got stuck in a pothole. She pleaded that she injured her right knee as a result, but at trial gave evidence that she had in fact suffered an injury to her left knee.

The Defendant put the Claimant to strict proof that she suffered a fall; that she suffered a fall at the specific spot she alleged; and if that defect was actionable, the Defendant sought to rely on a Section 58 Defence.

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North East Insurance Seminar - Friday 9th March 2018 - St. James' Park, Newcastle

Forbes Solicitors are holding a full day legal update seminar. The day will include a fraud update, advice on GDPR, a review of the discount rate changes and changes to the Small Claims Track, chronic pain case examination, a social service legal update and a review of the challenges that Local Authority's may face following the implementation of their new codes of practice. The event is free to attend and will include refreshments and lunch.

To book your place please click here and complete the online registration form.


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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