Forbes Solicitors
Insurance eNews
May 2020

COVID-19 Considerations for primary schools thinking of reopening


Regulatory update


Forbes at trial - Ski claim goes downhill fast

Big Brother Is Watching Who? - Assessing the Impact and Risk of Surveillance Camera Systems

The coronavirus pandemic has raised questions about use of surveillance systems for tracking and tracing the spread of the virus and enforcing movement restrictions.



Challenging Historical WRULD Occupational Disease Claims

Brief facts

The Claimant alleged he had suffered a Work Related Upper Limb Disorder (WRULD) in the form of Dupuytren's Contracture (flexion deformity) of his left little finger and Carpel Tunnel Syndrome. The Claimant's medical expert provided a causative link between both conditions and his alleged occupational exposure to use of vibratory tools/machinery.

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The Fatal Accidents Bereavement Award Has Been Increased

For fatalities that occur on or after the 1 May 2020 the bereavement award under the Fatal; Accidents Act 1976 has increased from £12 980 to £15 120 in line with inflation since the last increase. There is no change for deaths arising before that date.

The award is a lump sum payable by a defendant and is the total shared by all eligible bereaved persons. These are limited to the wife, husband or civil partner of the deceased, or the parents of a child who dies under the age of 18. If the parents are unmarried the father cannot claim.


COVID-19 Considerations for primary schools thinking of reopening

In an attempt to contain the spread of coronavirus, schools were relatively suddenly closed on the 20th March 2020, save for children in priority groups. The government has now announced that as of the 1st of June there will be a staggered return of children to school.


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Ski claim goes downhill fast

S -v- Anon Ski & Snowboard Centre

A Claimant who brought a claim for personal injury after falling and injuring his knee on a dry ski slope has lost his claim at trial and had his application for permission to appeal the judgment refused.

The facts

The Claimant alleged that he had entered the dry ski slope from the ski lift. As he went to ski down the slope, he fell forwards onto the honeycomb matting surface and sustained a laceration injury to his knee.


Forbes successfully defends one of the last pre-QOCS cases

Pahatouridis v Newcastle CC

Forbes has successfully defended one of the last pre-QOCS cases. The Claimant allegedly fell on the highway in January 2013 prior to the introduction of The Legal Aid, Sentencing and Punishment of Offenders Act 2012 on 1st April 2013. The Claimant had a CFA/staged ATE premium and had the claim for personal injury succeeded then the local authority would have had to pay out an eye-watering sum in costs to the Claimant.

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Industry News

  • The Fatal Accidents Bereavement Award Has Been Increased
  • Issue of Part 7 Personal Injury Claims online
  • Extension of the ABI Limitation agreement

Regulatory update

  • Coroners statistics for 2019
  • Covid-19 Deaths and Possible Exposure in The Workplace: Chief Coroner's Guidance No. 37

  • HSE to prosecute Lightwater Valley Attractions

  • Driver access to toilet and washing facilities: a letter from Department for Transport and HSE

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The Coronavirus Act 2020 - social care easements and managing risk

The stresses upon and the challenges faced by Social Care in the current environment are multitude. The social restrictions created by lockdown, as well as the effect of the virus on staffing create a situation of unprecedented demand for services and intervention.


Company fined £1.1m after worker injured in fall from height

The HSE website has reported that a relocation and refurbishment company has been fined after a worker was seriously injured when he fell from height.

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Extent of the Organisers' Duty of Care in Dangerous Sporting Activities

The High Court has considered the extent of the need for an organiser of an "enduro day", an off-road motorcycling event, to undertake risk assessments in relation to situations where there is an inherent and obvious risk of which the Claimant was aware. The case has wider implications for all "dangerous" sporting activities.

The conclusion in the case of Christopher Andrew Wells v Full Moon Events Ltd (t/a Dave Thorpe Honda Off-Road Centre) (1) and Thorpe Honda Off-Road Centre Ltd (2) [2020] EWHC 1265 (QB) was that the Claimant had not proved the cause of his accident, so he failed in his claim, but it is the obiter comments about what issues would have arisen had the judge accepted the cause of the accident that are of particular and more general interest.

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

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

Inquest Conclusions and Article 2 Inquests:

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

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)

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The content of this e-alert is merely informative and should not be relied upon as a substitute for legal advice