What lies ahead in 2020?

As a New Year and decade begins, we have a brief look at what developments defendants and insurers are likely to see in 2020 and beyond.

Extension to Fixed Recoverable costs

Early in 2019, the Ministry of Justice launched a Consultation on extending Fixed Recoverable Costs in civil cases in England and Wales. The Consultation sought views on the implementation of the recommendations made by Sir Rupert Jackson in his Report on Fixed Recoverable Costs published in July 2017. Sir Rupert Jackson proposed extending the fixed costs regime as a means of ensuring proportionate costs, he remarked "…Controlling litigation costs is a vital part of promoting access to justice. If the costs are too high, people cannot afford lawyers. If the costs are too low, there will not be any lawyers doing the work."

Forbes Represents Local Authority at the Coroners Court

Forbes has recently represented the interests of a local authority in an Inquest following the death of a man in a house fire in 2018.

In a tragic accident, an elderly man died as the result of injuries caused in a house fire.  Following his death an Inquest was arranged.  Inquests are legal inquiries into the cause and circumstance of a death and are held whenever there is reasonable cause to suspect that a death was due to anything other than natural causes.

Court considers whether Claimant's costs should be restricted to fixed costs and the 'vulnerable adult' exception

Scott v Ministry of Justice (2019) Sen Cts Costs Office (Deputy Master Friston) 05/12/2019

In this case, the Senior Courts Costs Office was asked to determine whether the Claimant's costs should be restricted to the fixed costs allowed under the EL/PL protocol. The Court was asked to consider two issues:

whether the claim should be excluded from the EL/PL Protocol because the Claimant's injury had been caused by a 'vulnerable adult', and;

whether the Claimant elected not to apply that protocol by reason of him having placed too high a value on the claim.  

Regulatory Round-up January 2020

• Parcel carrier fined after worker injured by reversing vehicle
   
• Company fined after employee falls from curtain-sided trailer
   
• Company and director fined and sentenced for failing to comply with HSE notices

Forbes at Trial: Court satisfied that driven highway inspection was 'entirely appropriate'

Anon v Conwy County Borough Council and Anor

The Claimant was involved in an accident when cycling along a path in May 2016. The Claimant alleged that as he was cycling along the path his rear wheel went over a square hinged water utilities cover which caused the cover to flip open causing the rear wheel of the bicycle to become trapped. The Claimant states that he was flung over the handlebars of his bicycle and landed on the ground.

The claim was brought against the First Defendant on the basis of breach of duty under s.41 of the Highways Act 1980 and/or negligence and against the Second Defendant on the basis of breach of duty pursuant to s.81 New Road and Street Works Act 1991 and/or negligence. Liability was denied by both Defendants on the basis that they had met their statutory obligations. Forbes acted on behalf of the First Defendant.

Forbes at Trial: Claim that failed to 'add up' dismissed by the Court

Anon v Rochdale Borough Council

The Claimant alleged that she was walking her grandchildren to school when she tripped and fell over a raised paving stone. She fractured her left shoulder and brought a claim for personal injuries against the local authority.

The Defendant admitted breach of section 41 Highways Act, but denied that the breach was causative of the Claimant's alleged accident and put the Claimant to strict proof that her injuries were caused as a result of the accident.

Forbes at Trial: Home goal for successful claimant

The Claimant alleged that he had been playing football on an artificial pitch and had fallen on a concrete lip sustaining a personal injury to his knee.  The pitch was owned by the local authority (the Second Defendant represented by Forbes Solicitors). The First Defendant rented the pitch from the Second Defendant. The Claimant alleged that the concrete lip was dangerous and brought a claim pursuant to s.2 Occupiers Liability Act 1957.”

National Insurance Awards

We are delighted to have been shortlisted for the National Insurance Awards 2020 in the Insurance Law Firm of the Year Category.

The awards ceremony will be held on the 5th March at The Waldorf Hilton in London.

Wish us luck!