Forbes Solicitors
Insurance eNews  July 2018

Breaking the Chain of Causation


Organiser of Motorcycle Event Not to Blame for Accident


Regulatory Roundup

Organiser of Motorcycle Event Not to Blame for Accident Caused by Riders “Own Stupidity”   

Philip Clarke v John Kerwin (T/A Dirtbike Action) (2018)CC (Carlisle) (Judge Peter Hughes QC) 26/04/2018

A claim for personal injury was dismissed after the Court found that the true cause of an accident occurring at a motorcycle event was the dangerously high speed at which the claimant had attempted to overtake other riders.


Breaking the Chain of Causation

Philip Clay v TUI UK LTD (2018) [2018] EWCA Civ 1177 CA (Civ Div) (Kitchin LJ, Hamblen LJ, Moylan LJ) 23/05/2018

The Court of Appeal have for the first time in a number of years considered when the actions of a claimant might break the chain of causation. 

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Part 36 – Dishonest and Misleading Conduct Does Not Permit Departure From Usual Cost Rules

Tuson v Debbie Murphy (2018) [2018] EWCA Civ 1461

The Court of Appeal considered whether a claimant ought to receive a cost penalty even though the defendant made the Part 36 offer in full knowledge of the misleading and dishonest conduct of the claimant.



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Regulatory Roundup

  • DHL receives £2m fine after employee crushed by a reversing lorry
  • Failure to implement traffic routes leads to fine of £730,000
  • Balfour Beatty fined £500k for putting workers at risk of developing HAVS



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Forbes at Trial: Claim Bouldered Over

Austin v Lancaster County Council

Local authorities often have to strike the balance between providing safe and exciting play areas for children as well as protecting the needs of local residents who live nearby.  This claim arose after a child was injured after falling on a stone boulder installed to prevent children playing football close to neighbouring houses and parked cars.


Forbes at Trial: Claimant Puts Two and Two Together and Gets Four

Allen v Oldham MBC – Manchester CC

The claimant alleged that he was out walking his friend’s dog, when he tripped due to a pothole in the alleyway.  He fell and sustained an injury.  Breach of duty was admitted but the defendant remained unconvinced by the claim and put the claimant to strict proof at the trial.

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