Claimant who Presents Misleading Claim for Future Care is not Fundamentally Dishonest

Edward Wright v Satellite Information Services Ltd (2018)[2018] EWHC 812 (QB)

A Judge had been entitled to conclude that, for the purposes of the Criminal Justice and Courts Act 2015 s.57 ("CJCA"), a claimant had not been fundamentally dishonest in relation to his personal injury claim. The fact that his claim for future care costs had been rejected did not justify a finding that he had been dishonest.

No Duty to Cut Back Vegetation on Land Adjacent to Highway

Sumner v Michael Colborne & Denbighshire County Council & Welsh Ministers (2018)[2018] EWCA Civ 1006

The Court of Appeal found that the highway authority did not owe a duty of care to highway users to cut back vegetation on land adjacent to the highway

Good service

In the case of Sally Woodward & Mark Addison v Phoenix Healthcare Distribution Limited the Court granted an order for retrospective alternative service of a claim form under CPR 6.15(2). The master found that the defendant's solicitors had breached their duty to further the overriding objective and played "technical games" by failing to inform the claimants' solicitors that they were not authorised to accept service until the claim form had expired.

Regulatory Roundup

• Bouncy Castle Owners
  Convicted of Manslaughter
   
• DHL fined £2m over death of an employee
   
• Haulier fined £180k for flouting parking rule
   
• Construction giant fined £900k for painter’s station roof fall

Forbes Shortlisted for British Claims Awards

We are pleased to announce that the Forbes Insurance Department has been shortlisted for the British Claims Awards in the strongly contested categories of Defendant Law Firm of the year and Counter Fraud award.

The British Claims Awards celebrate the successes of leading professionals in the claims sector who have shown outstanding commitment to the client.

Kella Bowers the Head of the Social Services and Abuse Claims team at Forbes commented that "We are delighted to have been recognised not only for our robust and highly effective Counter Fraud offering, but also as a Defendant Insurance practice in the round. Our position with regards to Social Care and Complex Claims continues to strengthen and we are very pleased that the supportive offering that clients receive has been recognised in this way"

The awards ceremony is to be held next month at The Grange St Pauls, London.

Forbes at Trial: Section 58 Defence Wins the Day

Potts v Wigan Council
District Judge Mornington – Wigan County Court

The claimant alleged that he was running along the pavement outside his home in May 2013 when he tripped on a raised paving slab.  The claimant fractured his ankle as a result of the fall.

Repair Time Challenge Fails

Gilpin v Blackburn with Darwen Borough Council
Preston County Court

On 21st May 2016, the claimant alighted from a taxi, took a few paces and stumbled in a pothole falling onto her outstretched hand and suffered injury.  The claimant brought a claim against the local authority under the Highways Act 1980.