Forbes Solicitors
Insurance eNews  October 2017

Forbes praised by Legal 500 for

'superb service'


News Alert - Supreme Courts holds Local Authority Liable for Abuse in Foster Care


New JC Guidelines Released

The “Superb” Forbes Insurance Department Recognised Once Again by Legal 500

The Legal 500 has published its latest results and we are delighted to announce that the Insurance Department has been recognised for its ‘superb service’. The Legal 500 praises the Forbes Insurance team for its substantial experience defending all types of claims and for working hard for clients. 


Supreme Courts holds Local Authority Liable for Abuse in Foster Care

The Supreme Court finds local authority vicariously liable for abuse committed by foster parents in the 1980's.

The claimant Natasha Armes was placed in the care of the Nottingham County Council from the age of 7. Between 1985 and 1988 she suffered physical, emotional and sexual abuse whilst in the care of foster parents. Even though the local authority was not negligent in the selection or supervision of the foster parents the Supreme Court was asked to consider whether the local authority was liable to the claimant for the abuse she suffered, either:


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QOCS Prevents Defendants from Setting off Costs against Damages Awarded to a Claimant by Another Defendant

In the recent Judgment of Bowman v Norfran Aluminium Ltd (1), R M Easedale and Co Limited(2), Norfran Ltd(3) the Court dismissed the second Defendant’s Application to recover its costs from the Claimant’s damages, something the Court considered to be a set-off.


Court Extends the Scope of Vicarious Liability to Independent Contractors

Various Claimants v Barclays Bank PLC (2017)[2017] EWHC 1929 (QB)

In Various Claimants v Barclays Bank plc [2017] EWHC 1929 (QB), 126 claimants brought a group claim against Barclays Bank for sexual abuse perpetrated during the course of mandatory pre-employment medical examinations.

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New JC Guidelines Released

The latest edition of the JC Guidelines have now been published.   The 14th edition sees figures increased to reflect the general increase in inflation of 4.8%.

On the whole, there are minimal changes to the latest edition. The main points to note are as follows:

Scarring - the guidelines no longer differentiate between awards for scarring according to gender.


Disciplinary Proceedings and Psychiatric Harm

Marsh v Ministry of Justice [2017] EWHC 1040 (QB). 

In January 2009, Mr Marsh, a Prison Officer, was accused by a female inmate of having committed sexual misconduct.  He was investigated by the Ministry of Justice (MoJ) but they determined to take no further action.

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Fixed Costs Recommendations for Hearing Loss Claims Published

The Civil Justice Council has published a report making recommendations for fixed recoverable costs and improvements to claims management in noise-induced hearing loss cases.

There has been a significant increase in the number of Noise-Induced Hearing loss claims which prompted the Government to ask the Civil Justice Council to look into:


Council Fined by ICO for Breaching Data Protection Rules

A Council has been fined by the Information Commissioners Office after falling foul of Data Protection rules.  Nottinghamshire CC has been fined £70,000 after leaving vulnerable people’s personal information online for five years.

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Forbes at Trial: Claim Full of Mysteries

Hothersall v Bury Council
Manchester CC – HHJ Smith

The trial of this multi-track highway claim left the judge rather bewildered after hearing two days of evidence.  The elderly Claimant alleged that she tripped and fell over a water cover in the footway. The Claimant fractured her hip as a result of the fall and brought a claim against the Local Authority.


Forbes at Trial: Fright Night Claim Fails

Spencer v BB & B Leisure Parks Limited
Leicester CC - HHJ McKenna

The Claimant sought damages from the Defendant after injuring her back on a slide. The Claimant had attended the Defendant’s premises in October 2013 to engage in a themed night known as “Fright Night”.  The experience involved walking through haunted mazes and houses whilst actors in fancy dress would scare and entertain the participants. 

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Forbes at Trial: What a Load of Bull?

Swan v Christopher Good t/a Nite Life Entertainments
Kingston Upon Hull County Court - DJ Besford

The Defendant was the owner of a rodeo bull ride which was hired by the Claimant for her daughter's birthday party. During the party, the Claimant decided to take a turn on the ride and fell off on to the matting. It was alleged that the ride continued after the Claimant had fallen, banged into her and caused an injury to the Claimant's shoulder.

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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