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Forbes Solicitors
Forbes Solicitors

Insurance eNewsletter

November 2014

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

Part 36: Make A Second Offer or Vary the First?

Part 36 has reared its head again. It is probably best surmised by DJ Ackroyd’s opening remarks in the case of Burrett v Mencap Limited (2014) Portsmouth County Court 'One would have thought that Part 36, having been in existence for many years now every possible wrinkle in it would be ironed out before now'.

In Burrett v Mencap Limited the Court was asked.....to read the full article please click here.

Mesothemlioma Funding Reform Put on Hold

In the case of R (on the application of Tony Whitston, Asbestos Victims Support Groups Forum UK) (Claimant) v Secretary of State for Justice (Defendant) & Association of British Insurers (Interested Party) (2014)[2014] EWHC 3044 (Admin) QBD (Admin) (William Davis J) 02/10/2014 the High Court found that......to read the full article please click here.

Calderbank or Part 36 Offers?

Coward v Phaestos, Mindimaxnox, IKOS CIP Ltd and IKOS Asset Management Ltd (2014)[2014] EWCA Civ 1256 CA (Civ Div) (Moore-Bick LJ, Ryder LJ, David Richards J) 02/10/2014

The case of Coward v Phaestos concerned the order for costs at the conclusion of a hard fought intellectual property litigation between a husband and wife.  In what is thought to be the most expensive legal bill ever in a British divorce case, a staggering costs bill of £19 million had been incurred by the parties.

The central issue was......to read the full article please click here.

Spotlight on Provisional Assessment

Provisional assessment was introduced as part of the Jackson reforms in April 2013.  The procedure applies to all detailed assessment proceedings commenced in the High Court or County Court on or after 1 April 2013 where the amount of costs claimed is £75,000 or less.

How does it work?

If a Provisional Assessment is requested, a judge will assess the receiving parties’ costs on paper.  The Provisional Assessment is based only on......to read the full article please click here.

 

Forbes at Trial

Retail Claim Success - Judge Finds Security Guard's Actions Reasonable and Proportionate

Forbes has successfully defended a claim on behalf of a major retailer where it was alleged that the Claimant had been manhandled by security guards and had sustained personal injuries.  It was alleged that the action of the Defendant’s staff was not proportionate and that the  ......to read the full article please click here.

Court Finds No Requirement for Roads to be Perfect

Forbes successfully defended this matter at trial on behalf of Wigan Council.  The Claimant sought damages for personal injury and loss arising out of an accident alleged to have taken place at 6.30am on 10 April 2013.  The Claimant alleged that he was cycling down a road when his ......to read the full article please click here.

Inconsistent Claimant Loses Highway Claim

Forbes has successfully defended another claim on behalf of Bury Council at trial.  The Claimant alleged that he suffered an accident on 20 November 2011 on a back street when his foot went into a hole in the footway.

There were a number of inconsistencies in the Claimant’s evidence, the Particulars of Claim, the medical report and the medical records.  The Judge described some of these inconsistencies as minor, such as the exact time of the accident......to read the full article please click here.

 

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