Court Rules that both the Claimant and Counterclaiming Defendant Cannot have the Benefit of QOCS

Andrew Graeme Waring v Mark Mcdonnell (2018) CC (Brighton) (Judge Venn) 06/11/2018

The Court has ruled that a defendant who made an unsuccessful counterclaim was not entitled to the protection of qualified one-way costs.

The facts

Two cyclists were involved in a head on collision, both sustained personal injury and both pursued claims for damages for personal injury. The Judge gave judgment for the claimant and dismissed the defendant's counterclaim. The defendant asserted that he was protected by QOCS and any order for costs made against him could not be enforced by the claimant. HHJ Venn adjourned the issue of costs to consider the issue.

2019 - It's not all about Brexit!

Last year was certainly another eventful year for insurers and defendants; and whilst Brexit looks set to be high on the agenda in 2019, we consider what other developments we are likely to see in the year ahead.

Civil Liability Act 2018

At the end of 2018, the much-anticipated Civil Liability Bill finally received Royal Assent becoming the Civil Liability Act 2018. As a result, in 2019 we can finally expect to see a review of the Discount Rate.

Council is the First to Prosecute House Owner over Japanese Knotweed

A Bristol property owner has been fined for allowing the spread of Japanese knotweed. It is reported that this is the first time the Anti-Social Behaviour, Crime and Policing Act 2014 has been used in this way.

In 2017, Bristol City Council served the property owner with a community protection notice following complaints from seven neighbours regarding the spread of Japanese knotweed. The company failed to respond and the matter proceeded to a prosecution hearing. After failing to attend either the hearing or the sentencing, the company was fined £18,000 plus costs and was ordered to remedy the Japanese knotweed problem within 28 days.

Schools are you prepared for winter?

Following a week of snow and plummeting temperatures it is the ideal time to consider whether your organisation is prepared for all the winter season might have to offer. Here is a quick checklist to ensure that you have appropriate systems in place and taken the necessary steps to protect staff, pupils and parents.

Ice and snow

• Have you risk assessed the school grounds and put in a system to manage the risks? Have you identified the areas most likely to be affected by snow and ice? i.e. entrances to school, car parks, bus stops.
• If you already have a risk assessment, carry out a review and make sure you implement any areas of improvement.
• Is someone responsible for monitoring the weather conditions? Keep up to date with the latest weather conditions.

Regulatory Roundup

• Healthcare company fined following fatal minibus accident

• Local authority fined after member of the public is diagnosed with Legionnaire's disease

• Company fined after workers exposed to flour dust

• A young untrained worker killed by concrete pump

• Two companies fined after worker suffers serious crush injuries in scaffolding incident

Forbes at Trial: Court rebuffs Property Damage Claim

In January 2018 at approximately 9.30pm, the Claimant was driving along the road in heavy rain when the front drivers' side of his vehicle collided with a pothole. The Claimant continued home and upon examination of his vehicle realised that the front tyre of his vehicle had sustained damage. He brought a claim for the costs of the repairs against the local authority.

The local authority accepted that on the date of the alleged accident, the pothole was in existence and that it was an actionable defect. Upon receiving a complaint from a member of the public on the same evening, the pothole was repaired within hours.

Forbes at Trial: Caution - Man who walks into a Sign Loses Claim

Mark Birkett v Calderdale Metropolitan Borough Council

Bradford CC -

A man who walked into a street sign has lost his claim for personal injury against the local authority.