Forbes Solicitors
Insurance eNews
November 2020

Recoverability of Inquest Costs by a Claimant

 

News Roundup

 

Are you due a refund from the Court for court fees paid to a Claimant?


Recoverability of Inquest Costs by a Claimant

In the case of Greater Manchester Fire and Rescue v Veevers [2020] EWHC 2550 (Comm) the court ordered the defendant to pay the claimant's legal costs of attending the inquest into the death of the claimant's son despite a pre action statement that the defendant agreed to compensate the claimant in full. Crucially, though, the defendant had not specifically admitted liability.

The claimant's son was a fire fighter with Greater Manchester Fire and Rescue and died at work whilst tackling a fire. Liability was admitted in the proceedings, and damages were finally agreed with the defendant agreeing to also pay the claimant's reasonable costs.

 

Accommodation Costs - The New Formula

The method of calculating the amount of compensation a claimant should be awarded for the extra accommodation costs associated with their injury has long been in contention between claimants and defendants. The difficulty arises when a claimant has a need for more expensive accommodation that can be adapted to their specific needs due to the injuries they have sustained. However as they will be left with an asset that has traditionally increased in value there needed to be a method of providing adequate compensation without giving them, or their estate in future, a windfall.

Read more

 

Read more


Substantial Fine for Local Authority Relating to Failings in a Local Authority Run School

An assault by a pupil on a teacher has led to a fine of £300 000 (before reduction due to lack of revenue due to coronavirus) for Luton Borough Council.

Luton Crown Court heard how on 17 June 2016, the assistant head teacher at Putteridge High School was called to deal with a disruptive pupil who was refusing to go into a detention room. The teacher cleared the classroom of other pupils but then the disruptive pupil launched a serious assault on the teacher, using a mobile phone and inflicting life changing injuries.

The HSE investigation concluded that there were significant shortcomings in relation to the measures at the school regarding violence and aggression posed by the pupils to others.

 

Burden of Proof in Highway Authority Claims Involving Snow and Ice on the Highway

The High Court has provided guidance on where the burden of proof lies in showing what "reasonably practicable" means in relation to claims brought for damages arising out of a highway authority's duty under S41(1A) of the Highways Act 1980 which states:

"In particular. the highway authority are under a duty to ensure, so far as is reasonably practicable, that safe passage along a highway is not endangered by snow or ice."

Read more

 

Read more


News Roundup


Compensation Act Referred to by Judge in Dismissing Footballer's Claim

Forbes have successfully represented a football club in a claim arising out of an alleged injury to a player when he says that his foot went into a hole in the playing surface.

In dismissing the claim the judge referred to the need to consider whether a desirable activity might be prevented or curtailed if too high a burden is placed on those organising such activities.

In the case of David Howard v St Helens MBC (1) and Bleak Hill Rovers FC (20 the claimant, who was 16 years old at the time of his accident, was playing for the Bleak Hill Rovers FC under-17's football team.

 

Employer Not Directly, Nor Vicariously, Liable for Practical Joke

Over recent years the question of what actions of its employees an employer is and is not vicariously liable for has come before the courts on various occasions. The leading case remains Lister v Hesley Hall Ltd from 2001 which set out a 2 stage test including a test of "sufficiently close connection" between the act complained of and the role the employee was employed to carry out.

Read more

 

Read more


Hemel Food Centre in Hemel Hempstead, Hertfordshire, has been fined £30,000 after pleading guilty to breaching health and safety laws.

A probation notice was served in relation to a meat-cutting bandsaw that was found not have an interlocking guard to protect staff from accessing moving parts of equipment, which included rotating pulleys and the bandsaw blade. In November 2018, Environmental Health Officers from Dacorum Borough Council also placed tape around the bandsaw to prevent its use.

 

Guideline Hourly Rates Under Fire

In 2 recent cases the Guideline Hourly Rates used as the basis of assessment of opponents' costs in civil litigation, and set in 2010, have been scrutinised with judges accepting that they are not necessarily appropriate in all cases 10 years on. In Re PLK and others the High Court discussed the appropriate method of assessment of hourly rates in Court of Protection cases and concluded that whilst they had no power to review Guideline Hourly rates, they did have discretion to go above them in appropriate cases.

Read more

 

Read more


Are you due a refund from the Court for court fees paid to a Claimant?

Her Majesty's Courts and Tribunal Service (HMCTS) launched a refund scheme for overpaid court fees. It includes those fees applicable for stage 3 Part 8 claims that started life in the personal injury claims portal paid up to 30 April 2018. If a claimant has paid such a fee, or a defendant has been ordered to pay, and has paid, costs that include such a fee then a refund can be claimed.

If, between 1 April 2014 and 30 April 2018, you paid a fee of £308 for the issuing of proceedings at stage 3, or paid the Claimant's costs of issuing those claims, in relation to the Pre-Action Protocol for Low Value Personal Injury claims under the Employers' Liability and Public Liability Protocol or the Road Traffic Accident Protocol you could be due of refund of up to £273 per claim depending on the value of the claim concerned.

 

HSE Carrying Out COVID-19 Health and Safety Spot Checks and Inspections on Schools in England and Wales

The Health and Safety Executive is carrying out spot checks and inspections on all types of businesses in all areas to ensure they are COVID-secure. Specifically, they have indicated that this includes schools in England and Wales.

Read more

 

Read more


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

Follow us on Twitter Follow us on Twitter    RSS News Feed RSS news feed    www.forbesinsurance.co.uk

You are receiving this email because you recently requested to receive our updates by email.
If you no longer wish to receive these updates from us please click here to unsubscribe. GDPR

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