Whiplash Reforms delayed by a month

In a move likely to disappoint insurers, the reforms set to increase the small claims track limit for RTA claims to £5000 and to introduce a tariff for damages levels for whiplash claims due to come into effect in April 2021 have been further delayed until May 2021. We still await the tariff and rules that will apply and the detail of how it will all work.

The reforms have been a long time coming. Having originally been proposed in 2015, and then intended to be effective on 1 April 2019, they were delayed on several occasions due to the systems and processes that were needed not being ready.

Retailer fined after boy electrocuted at one of it's stores

Tesco Stores Limited has recently been fined £536,000 by magistrates after a 10-year-old child got an electric shock in its branch in Warfield, Bracknell.

The supermarket giant was sentenced at Reading Magistrates Court on 15 December having pleaded guilty to two health and safety offences.

Forbes at Court - Successful strike out at early stage leads to exception to QOCS ruling

Forbes, representing a house building construction company, recently successfully applied to strike out a claim brought on behalf of a child who it was alleged had tripped outside his newly built home. Whilst the home was complete there were some works ongoing on the estate and it was alleged that the accident occurred due to a defective path.

Dealing with Stalled Portal Claims

As a Partner in the Large Loss and Complex Claims Department it isn't often that portal claims cross my desk, but I received an instruction last year from an insurer client who had become increasingly frustrated by the lack of progress in a straightforward portal claim.

London borough council fined after child sustains fatal injuries at playground

London Borough of Tower Hamlets Council has been sentenced after a five-year-old girl died when playground equipment collapsed on top of her at Mile End Park.

Westminster Magistrates' Court heard that on 17 July 2015, Alexia Walenkaki was swinging on a rope attached at one end to a wooden post, when the play equipment gave way. The post snapped at its base causing the wooden structure to collapse on top of her. She sustained fatal head injuries.

Looking again at the defence of volenti non fit injuria in Occupiers cases following the Court of Appeal's decision on The White Lion Hotel v James (Deceased)

The defence of volenti non fit injuria provides a defence to a claim where a defendant who would otherwise be liable in negligence can show that the claimant, being fully aware of the risks, knowingly or willingly takes the risk. In doing so a claimant cannot then seek compensation for any harm that arises as a result.

HSE update - Theme park fined after child seriously injured on a ride

Lightwater Valley Attractions Ltd was fined following an incident where a child was thrown from its Twister ride.

On 30 May 2019, a child was ejected from the Twister ride at Lightwater Valley Theme Park in Ripon, North Yorkshire resulting in serious head injuries.

An investigation by the Health and Safety Executive (HSE) found that although the theme park's procedures for the Twister ride stated that those between 1.2m and 1.5m tall must wear seat belts, several children under 1.5m in height were not wearing seat belts on this ride.