Forbes at Trial: Barlow v Wigan Metropolitan Borough Council (2020) EWCA Civ 696

In an important ruling for local authorities the Court of Appeal has overturned the High Court decision that for a path to be a highway maintainable at public expense it did not have to be constructed by a highway authority acting in its capacity as a highway authority.

Forbes (not) at Trial

• Forbes resist relief from sanctions application leading to strike out of the claim
• Claim put on ice as claimant discontinues slipping claim
• Claimant's claim discontinued in face of robust expert evidence

House of Commons votes against revoking secondary care legislation

The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 were introduced this April as an emergency response to the COVID-19 pandemic. Without parliamentary scrutiny or in-depth consultation, the changes were made with minimal consultation and without adherence to the usual 21-day notice period.

The Labour Party forced a debate on the 10 June 2020 around the legitimacy of the regulations. They claim that the regulations "relax to a significant degree the safeguarding responsibilities of local authorities in relation to children going into and in the care system" to the detriment of vulnerable children.

Civil Justice Review of the impact of COVID-19 on the Courts

The Civil Justice Council has published its report following the review of the impact of the COVID-19 Pandemic on the Civil Justice System. The report notes the rapid expansion of the use of remote hearings, the fact that very few face to face hearings have taken place in April and May 2020, and the lack of consistency between the approaches of the different Court Centres and different Judges.

Court gives general guidance in mesothelioma claims where there is limited exposure to asbestos dust

Claims brought as a result of a claimant developing mesothelioma are often brought many years after the alleged exposure to asbestos due to the long latency period of the disease. It can be anything from 10 years to several decades after exposure before symptoms manifest themselves. As a result, they are fraught with difficulties for both claimants and defendants.

Regulatory update

• HSE Prosecutions Update
• PPE in non-healthcare work during the coronavirus outbreak
• The HSE has published the following guidance on Air conditioning and ventilation during the coronavirus outbreak
• Please click here to read an article on Inquests Guidance during Covid-19

Industry News

• The Fatal Accidents Bereavement Award Has Been Increased
• Issue of Part 7 Personal Injury Claims online

Please see the links below to our recent inquest training session recordings:

Inquests, Practice and Procedure & Guidance dealing with COVID-19 deaths:

www.youtube.com/watch?v=_RFrFCGnPn4&list=UUf6g61m5LTDVjzECU-uNZGQ&index=16

Inquest Conclusions and Article 2 Inquests:

www.youtube.com/watch?v=L7EV-fiHarc&list=UUf6g61m5LTDVjzECU-uNZGQ&index=13

Inquest Training: Evidence required by the Coroner and Regulation 28 reports:

www.youtube.com/watch?v=wfl1hK3Ppw0&list=UUf6g61m5LTDVjzECU-uNZGQ&index=7