Forbes Solicitors
Insurance eNews  May 2019

Scathing Judge finds Ludicrous Claim for Care to be Fundamentally Dishonest


Regulatory Roundup



Scathing Judge finds Ludicrous Claim for Care to be Fundamentally Dishonest

A claimant who presented a grossly overstated and exaggerated care claim has been found to be fundamentally dishonest by the Court.

The claimant tripped and fell on to her left elbow in 2014 and sustained a fracture. A breach of duty was admitted and the claimant was put to proof in relation to both causation and her claim for special damages. In particular, the defendant was alarmed by the claim
for care put forward by the claimant.


A Duty to Inspect Under the Defective Premises Act?

The Court of Appeal has confirmed that pursuant to s.4 Defective Premises Act (DPA) there is no specific duty on landlords to carry out a system of regular inspection.

The facts

The claimant was a tenant of a house owned by the defendant pursuant to a tenancy agreement dated 15 July 2013, which obliged the landlord to maintain the structure and exterior of the property.

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The Government Announces Proposals Extending Bereavement Damages to Cohabiting Couples

The Ministry of Justice has announced proposals to amend the Fatal Accidents Act 1976 to allow bereavement damages to be available to cohabitees.

The proposed Remedial Order will enable a person who has cohabited with the deceased person for a period of at least 2 years immediately prior to the death, to claim an award for bereavement damages. The proposed Remedial Order rectifies an incompatibility with the European Convention on Human Rights 1950 identified by the Court of Appeal and implements the landmark judgment from Smith v Lancashire Teaching Hospitals NHS Foundation Trust & ors ([2017] EWCA Civ 1916.

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Regulatory Roundup

  • NHS Trust fined after exposing workers to Asbestos
  • Recycling Company fined after worker fatality
  • Employee seriously injured by printing machine



Asset Management Competence Framework Released

The UK Roads Liaison Group ("UKRLG") has released an Asset Management Competence Framework to help highway authorities implement the recommendations of the new Code of Practice (Well-managed Highway Infrastructure)

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New Winter Service Guide Published

The National Winter Service Research Group ("NWSRG") has published a new practical guide for winter service.

The latest national code of practice 'Well-managed Highway Infrastructure' published in 2016 no longer contains information relating to the delivery of the winter service. The UK Roads Board, on behalf of the UK Roads Liaison Group therefore asked NWSRG to develop a practical guide for users to provide a key source for winter service guidance.


Claim Fails to Make the Threshold

A music teacher who brought a claim against the local authority, alleging negligence and breach of statutory duty has lost at trial.

The claimant was a peripatetic music teacher, who visited the school on a weekly basis to
deliver music lessons.

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AIRMIC // 3rd – 5th June

Members of our Insurance team will be attending the AIRMIC conference in Harrogate – we hope to see some of you there and please let us know if you are available for a catch up.

ALARM // 24th – 25th June

We will once again be exhibiting at this year’s ALARM Conference in June at the University of Manchester. Come visit us on stand 17 where we have a competition, goodies and a chance to catch up with our team. Associate, Tim Smith will also be delivering a session on 'Working Together - pre and post-litigation' on Tuesday 25 June at 9.30am.


Insurance Department offices in Leeds, Manchester and Blackburn

Head Office Rutherford House, 4 Wellington Street (St John's), Blackburn, BB1 8DD
where a list of partners is open to inspection.

This firm is authorised and regulated by the Solicitors Regulation Authority (SRA No. 46408)

VAT No. 174 394 344   ·   Authorised and regulated by the Financial Conduct Authority   ·   Terms & Conditions

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