Forbes Solicitors
Insurance eNews  November 2017

Employer not Liable for Prank

 

Forbes at Trial: Claimant’s Case Full of Holes

 

No Need to Plead Fundamental Dishonesty for a Finding to be Made


Employer not Liable for Prank

The claimant brought a claim against her employer, the NHS, after sustaining an injury as a result of a ‘prank’ whilst at work.  The claimant was injured when her colleague deliberately pulled her chair away as she sat down.

 

HSE Waste & Recycling Inspection Campaign

The HSE have announced a programme of unannounced inspections to review health and safety standards in the waste and recycling sector. 

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A PI award for future care does not alter the statutory right to local authority after-care under s.117 of the Mental Health Act 1983

Tinsley v Manchester City Council & South Manchester Clinical Commissioning Group (Interested Party) & Local Government Association (Intervener) (2017)[2017] EWCA Civ 1704

The question before the Court of Appeal was whether a person who was compulsorily detained in hospital for a mental disorder under section 3 of the Mental Health Act 1983 ("the 1983 Act") and then released from detention but still in need of "after-care services" was entitled to require his local authority to provide such services before he had exhausted sums received in damages as a part of a personal injury settlement.

 

No Need to Plead Fundamental Dishonesty for a Finding to be Made

In Howlett v (1) Davies (2) Ageas Insurance Limited [2017] EWCA Civ 1696 the Court of Appeal has found that the Court was entitled to make a finding of fundamental dishonesty even though dishonesty or fraud had not been specifically pleaded in the defence.

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Forbes at Trial: Claimants Blurred Account of Accident Fails to Convince the Court

Chapman v TMBC

Manchester CC

An elderly Claimant alleged that she tripped and fell on a defective kerb and sustained a personal injury. 

The Claimant provided photographs of measurements showing the difference in levels between the kerb and the pavement to be 30mm. It was argued that the Defendant’s code of practice defined defects on the pavement measuring more than 25mm to be actionable and alleged that the location of the defect next to the kerb created an added element of danger.

 

Forbes at Trial: Claimant’s Case Full of Holes

Westoby v Humber Bridge Board

Derby County Court

The claimant was walking in a Country Park when he allegedly tripped in a manmade hole and sustained a personal injury. 

The claimant alleged that there were five manmade holes that had been dug using spades and that these holes had rendered the Park unsafe. 

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Forbes at Trial: No Fairy-tale ending for the Mickey Mouse Claimant

O'Brien v Conwy County Borough Council

You may recall that we reported on this case earlier in the year. An audacious teaching assistant fabricated an injury at work so that that she could go on a family holiday to Disney World in Florida during school term time. After the claimant realised that she had been rumbled she sought to discontinue her claim shortly before the trial.

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