Forbes Solicitors
Insurance eNews
February 2021

Forbes at Trial - Causation arguments successful

 

Interesting Changes to Part 36 - Defendants beware!

 

Ridwaan Omar Gains NEBOSH Qualification


Construction company and plastering firm fined after employee falls from height

Notwithstanding that a principal contractor may not directly employ the injured employee, they can still be found to be in breach of their s2 and s3 duties under the Health and Safety at Work Act 1974 if they fail to review the sub contractor's risk assessments prior to the start of works or check for its adequacy. The subcontractors were also in breach and sentenced. The difference in sentence reflects the turnover of each organisation.

 

Forbes at Trial - Causation arguments successful

The claimant sued the defendant council following what she said was a fall on the pavement as she was walking back from the school where she had collected her children. She alleged that there was a missing flagstone.

The claim was brought pursuant to the Highways Act 1980 for breach of S41, the duty on the council to maintain the highway.

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Interesting Changes to Part 36 - Defendants beware!

Rule changes to Part 36 offers mean that defendants need to be even more wary than before of the terms of Part 36 offers made by claimants.

The Civil Procedure (Amendment) Rules 2021 which come into effect from the 6 April 2021 amend Part 36 with a new rule 36.5 (5) which says that Part 36 offers can include provision for interest to accrue after the expiry of the relevant period for acceptance (usually 21 days). Silence as to interest means it will be treated as inclusive of interest up to the date of acceptance if later accepted.

 

Forbes at Trial - Council not responsible for damage caused by falling tree due to adequate system of inspection

The claimant pursued a claim against Bury Council relating to an incident when a tree located in a school fell onto the claimant's property causing damage.

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Hotel Fire Fatalities Result in £500,000 Fine for Hotel Owner and Community Sentence for the Hotel Porter

The case of the fire at Cameron House Hotel on the banks of Loch Lomond in December 2017 has resulted in a fine of £500 000 for the hotel owners and a community sentence order for the hotel porter involved.

 

'Failure to Remove' claims - Where are we now?

The recent case of HXA v Surrey Council has followed a minimal number of social care cases which have made their way through the Courts following CN & GN v Poole BC. The lack of detail around these cases, and the failure of any of them to reach the higher echelons of the Court system, have left room for argument and a lack of clarity as to the position regarding liability in failure to remove claims.

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Ridwaan Omar Gains NEBOSH Qualification

The Insurance department congratulates Ridwaan Omar on gaining his NEBOSH National General Certificate on Occupational Health & Safety. Ridwaan acts on behalf of numerous organisations in defending Employers' and Public Liability insurance claims. He also has considerable experience of representing organisations during Health & Safety investigations and proceedings over the past 20 years and his appetite for regulatory work started early in his working career whilst in the criminal department.

The NEBOSH course covered topics from management of health and safety including legislation, management systems, understanding people, culture and systems of work, monitoring and measuring performance and risk assessments on common workplace risks.

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