Covid-19 Update

At Forbes Solicitors, we are keen to reassure clients that we have robust business continuity measures in place to protect and maintain service levels so we can continue to support our clients.

The health and welfare of our colleagues and clients is paramount. We will continue to monitor the most current Government guidance to ensure the wellbeing of our people. We already operate an agile workforce, which means the majority of our teams are able to work from home - and this is tried and tested.

To support efforts to increase social distancing, we are also working with clients to align with their own policies on non-essential travel and limiting human contact. We are set-up to run meetings via video or conference calls and will continue to do so to keep business moving. We can and will continue to accommodate face to face meetings where requested.

With our own events programme, we're adopting a digital mindset and developing alternative formats which we will share in coming weeks. In the meantime, our teams are taking a common sense approach to existing event commitments we were due to attend.

We are following Government advice on avoiding catching and spreading the virus and if required, we will, of course, advise any employees displaying specified symptoms to self-isolate.

Despite the increase in language around isolation, we're proud to be part of a firm and business community that is pulling together.

If you have any questions, please contact 0800 689 3206 and we'll get straight back to you.

COVID-19 and the Justice System

The present circumstances

On 18 March 2020, the Lord Chancellor affirmed that "the rule of law is vital to a functioning democracy and even at times like these, it is essential that our independent courts are able to administer justice."

Whilst many public places have either been ordered by the Government to close, or are closing of their own discretion, Courts have a critical role in society in delivering justice and at the time of writing, they remain sitting across England and Wales and public galleries remain open. Nevertheless, staff absences have resulted in reduced capacity across most courts and cases due to be heard in a Crown Court with an expected hearing time of over three days will now be postponed.

Disease Claims: Court of Appeal offers guidance to insurers of dissolved companies

Kevin Cowley v LW Carlisle & Co Ltd (2020)[2020] EWCA Civ 227 CA (Civ Div) (McCombe LJ, Holroyde LJ, Peter Jackson LJ) 25/02/2020

The facts

The Claimant brought a claim for industrial deafness. He sought damages for noise induced hearing loss alleged to have been sustained in the course of his employment, by four different employers, between 1963 and 2000.

The Claimant was employed by LW Carlisle & Co Ltd ("LWC") between 1978 and 1983. LWC had since been struck off the register of companies and was dissolved. The Claimant's solicitor was aware that the LWC was a dissolved company when it issued proceedings in 2017. A letter accompanied the claim form stating that the Claimant would be seeking LWC's restoration to the register. Copies were also sent to LWC's insurer who confirmed that LWC was dissolved so proceedings could not be served on them. No steps were taken by the Claimant to restore the company.

Regulatory Update - March 2020

• Construction firm fined by HSE after worker suffers serious injuries in fall from height

• Gate manufacturer fined after girl crushed by school steel gate

• Waste management company fined after banksman suffers crushing injury

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

Anon v Bury Council

The facts

The claimant alleged that he tripped and fell on defective footpath on the grass verge which was dropped by about 2 inches at the edge. He suffered from shock for four days, and a soft tissue injury to his ankle.

The defendant admitted breach of statutory duty but denied causation. The defendant put the claimant to strict proof. Upon receipt of the claim, the defendant became aware of several convictions against the claimant which cast doubt on his credibility and character. He had previously been found guilty for fraud and breaching a harassment order. He had also been convicted for bullying a pensioner over a sustained period and stealing £3,200 for which he had received a 20-month prison sentence.

Forbes at trial: Farcical motorbike RTA claim found fundamentally dishonest

Anon v Sunderland City Council

The facts

The Claimant alleged that he was involved in a road traffic accident in November 2016. The Claimant and his friend were riding their motorbikes along the road, when he claimed to have encountered a large and deep pothole in the road as he entered a park. He was travelling at 50/60mph and did not see the pothole until it was too late. He struck the pothole, swerved and was thrown over the handlebars, landing just off the road. He fractured his leg as a result.

Forbes at trial: Double Construction Wins

Forbes has successfully defended two construction workplace claims for personal injury. We examine the facts of the cases, how the Judge made the decision and what lessons can be learnt.

Successful Case 1 for a Construction & Infrastructure Company Plc (D2)

The facts

The Claimant was retained to work at a construction site. In the course of his employment, the Claimant allegedly lifted and poured a bucket of concrete and consequently injured his back.

The decision

In his judgment, the Judge first considered whether the accident had occurred at all?

The Defendant argued that the Claimant had failed to report the accident on site despite having several opportunities to do so. It was also noted that he had a phone number for the Works Manager, and he could have called him to report the accident. The Claimant gave inconsistent evidence on this issue, he contended that he didn't think it was important at the time but in his written evidence he stated he couldn't report it as the site office was closed. The site operated 24/7 and therefore this was inconsistent with the Defendant's position on this issue.

Whiplash Reforms Delayed

Lord Chancellor and Secretary of State for Justice Robert Buckland has provided an update on the next steps for the Whiplash Reform Programme. As anticipated, he has confirmed that the Government has decided that more time is needed to make sure the Whiplash Reform Programme is ready for implementation and as a result the measures will not be introduced in April 2020 as planned. In particular, he points to the need to work with the Civil Procedure Rules Committee to put in place the supporting rules and pre-action protocol. The statutory instrument also needs to be laid before Parliament to introduce the tariff of damages for whiplash injuries.

The Rt Hon Robert Buckland QC MP reiterates in his written statement that the Government remains firmly committed to "implementing measures to tackle the high number and cost of whiplash claims" and is now working towards implementation on 1st August 2020.

Coroner issues Report to Prevent Future Deaths following tragic death of Scout in 2018

In 2018, Ben Leonard, age 16, was on an arranged Scout trip. The group went up the Great Orme in Llandudno. Ben was with two other friends when they went on a different path and split off out of sight from the rest of the group. One leader was aware of this. Ben wandered around the cliff tops, he slipped and fell 200ft. He sadly died from a head injury.

A 5 day jury inquest was held in early February 2020. During the course of the inquest, evidence revealed matters giving rise to concern. The Coroner, David Pojur, determined there was a risk that future deaths will occur unless action is taken and issued a Regulation 28 Report to Prevent Future Deaths.

Bereavement Damages Update

Increase in Bereavement Award

From 1st May 2020, Bereavement damages will be increased from £12,980 to £15,120. The Damages for Bereavement (Variation of Sum) (England and Wales) Order 2020 was laid before Parliament on 19th March 2020.The increase will apply to causes of action in England and Wales which accrue on or after 1st May 2020. A copy of the Order can be found here.