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Forbes Solicitors
Forbes Solicitors

Insurance eNewsletter

October 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

No Duty Owed by Local Authority after Failure to Maintain Street Lighting

The Claimant in the case of McCabe v Cheshire West and Chester BC and BAM Nuttall Ltd fell down a flight of steps on the highway. The accident occurred during the hours of darkness and the Claimant claimed that the streetlight intended to light the area was not working at the time of the accident. The Claimant therefore alleged as a result of......to read the full article please click here.

High Court Obiter Judgment Leads the Way for Woodland Duty to be Extended to Foster Care in the Future

In the case of BB & BJ v Leicestershire County Council [2014] the court considered a claim by two sisters who alleged that they had suffered serious sexual abuse by foster parents whilst in the care of the Local Authority in the 1960's. Following adoption by those same foster parents, they allege that the sexual abuse......to read the full article please click here.

Employers Liability Update - Vicarious Liability

The law on vicarious liability has moved on after two recent Court of Appeal decisions, Mohamud v WM Morrison Supermarkets Plc [2014] EWCA Civ 116 and Cox v Ministry of Justice (Rev 2) [2014] EWCA Civ 132.

Mohamud v WM Morrison Supermarkets Plc [2014]

The issue was whether there was a sufficiently close relationship between the wrong doing and the employment of the employee. The claim arose out of an incident at

......to read the full article please click here.

Claims against Social Services Seminar Follow Up

There was a fantastic turn out for the Forbes Social Service and Abuse seminar at the Renaissance Hotel in Manchester on 5th September with clients from both Local Authorities and Insurers in attendance.

Speakers included our own Kella Bowers on deprivation of Liberty, Iain Bourne from the Information Commissioners Office and Steven Ford QC......to read the full article please click here.

Forbes at Trial

"The Answer is Not to Sue the Council"

The claimant, a minor, aged 8 at the time of the accident was allegedly playing on a set of train wheels set as a memorial and positioned in a local park. The two train wheels are attached by a bar. The Claimant jumped from the bar into the grass and allegedly......to read the full article please click here.

"Smile! You Have Been Caught on CCTV"

On behalf of the Co-operative Group Ltd, Forbes has successfully defended a case which highlights the importance of retaining CCTV footage. In this case, the Claimant slipped at the entrance of a store based at a petrol station in February 2012. She alleged that there was liquid on the floor that had caused her to fall and sustain various soft tissue injuries to her wrist, shoulder, knee and neck. It was not disputed that the Claimant slipped and fell, but two employees......to read the full article please click here.

No Cause of Action Against Housing Association

Forbes has successfully defended a claim on behalf of Cobalt Housing. The Claimant alleged that she tripped on her mother's driveway, owned by Cobalt Housing, in 2012. No complaint was made to the Defendant at the time of the accident. The Claimant told the court she had not noticed the defect before the accident despite......to read the full article please click here.

This Country Does Not Impose Strict Liability upon Highway Authorities for all Defects

Forbes has successfully defended another matter on behalf of Calderdale Metropolitan Borough Council. The Claimant brought a claim for personal injury after allegedly sustaining a serious injury resulting in a week's stay in hospital after falling whilst crossing a road.

The matter was dealt with by way of split trial and......to read the full article please click here.

 

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