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Forbes Solicitors
Forbes Solicitors

Insurance eNews

March 2015

Welcome to Forbes' Insurance eNewsletter

Our aim is to keep you updated on the latest news and legal developments. We will also keep you updated on our latest seminars, conferences and un-missable practical guides on a range of insurance issues.

The Forbes' Insurance Team

Notice Not Required Where a Defect Occurs in a Common Part

In this recent case, a landlord was held to be liable for a personal injury sustained by his tenant under an extended covenant implied into the tenancy by the Landlord and Tenant Act 1985 s.11(1A).  It was found that a landlord's liability on his covenant to.....to read the full article please click here.


The Rise of Proportionality

In this matter the High Court took the dramatic step of reducing a costs bill claimed in the sum of over £200,000 by 50% and summarily assessing costs in the sum of £96,465 on the basis of proportionality.

The Court found that the Defendant’s costs did not.....to read the full article please click here.


Follow the Forbes Insurance Team on Twitter

To keep up to date with the latest news from the Forbes'  Insurance Team please follow us on Twitter - @forbesinsurer

Forbes Partner acts for Tottenham Hotspur FC

Forbes’ Partner Martin Crabtree acted for Tottenham Hotspur FC in the defence of a claim brought against Spurs by one of their Youth Academy players following the Claimant’s collapse as a result of cardiac failure during a pre season game in Belgium. A claim for an indemnity from two of the Club’s former medical staff was issued by Forbes on behalf of Tottenham. Following negotiations on the first day of the Trial in London this February Tottenham obtained a full indemnity on both damages and costs from the former medical staff backed by their insurer. The case received extensive national media coverage with the Solicitors for the Claimant suggesting that the claim was worth up to £7 million


Forbes at Trial

Defendant Succeeds on Limitation – Claim for HAVS Statute Barred

Seddon v Salford Council

The Claimant in this matter alleged excessive exposure to vibratory tools between 1979 to 2003.  He alleged that he developed Hand-Arm Vibration Syndrome (HAVS) through his employment as a gardener and tree surgeon.

The Claimant was diagnosed with vibration white finger in 2001.  However, following the termination of his employment later in 2003, the Claimant did not commence.....to read the full article please click here.

All in a Days Work!

The Forbes’ Insurance team successfully defended two claims and negotiated the discontinuance of another claim last Friday on behalf of Tameside Borough Council.

In the first matter,  Dunn v Tameside MBC the Claimant alleged that he was moving in to his new home when he stepped in to a pothole in the carriageway which caused him to.....to read the full article please click here.

Cracked Pavement Claim Fails

Forbes has successfully defended a claim on behalf of Rochdale MBC.  The Claimant alleged that she had sustained a personal injury after falling on a broken flagstone in a residential area whilst out looking for a cat in March 2011.

Despite the Defendant raising concerns over the differing terminology used by the Claimant when describing her accident, it was found on the balance of....to read the full article please click here.

Judge Brands Claimant “unreliable and not credible”

Forbes’ Insurance department successfully defended a claim for Wigan Council where the Claimant was seeking damages following an alleged tripping accident on a missing fillet surrounding a CATV box whilst walking home from a friend’s house. The Judge dismissed the Claimant’s claim for damages branding the Claimant as “unreliable” and “not credible”, emphatically stating that she had no faith in the Claimant’s evidence.

The Judge was critical of numerous....to read the full article please click here.

 

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