The Forbes Insurance Team Celebrates Legal 500 Success

The Forbes Insurance team is celebrating after being recommended in the Legal 500 guide and ranking as a Top Tier Firm in the category Insurance: Personal Injury Defendant North West.

The Legal 500 guide has named Chris Booth and Kella Bowers in the elite "Leading Individuals" list and Andrew Ellis, Elizabeth Bower, Paul Geldard, Ridwaan Omar and Siobhan Hardy are all named as 2020 Legal 500 Recommended Lawyers.

In addition, the firm has been recommended in 15 Legal 500 categories, with 35 lawyers listed as recommended.  Forbes has been recommended in the North West for its work in the following areas: Corporate and Commercial, Crime: General and Fraud, Dispute Resolution, Employment, Clinical Negligence, Insurance: Personal Injury Defendant, Education, Contentious Trusts and Probate, Wills, Family, Commercial Property, Property Litigation and Social Housing.

Council Held in Breach of Duty for Failing to Provide Alternative Education For a Pupil With Anxiety

A Local Government Ombudsman (LGO) has ruled in favour of a mother who sought action against a local authority for its refusal to provide education to her 10-year-old daughter (Y), who refused to attend school due to high levels of anxiety. Y was eventually advised that she had sensory processing difficulties and was recommended for diagnostic tests.

Background

At the start of 2018, Y became increasingly anxious about going to school (School A) because of bullying. School A offered extra support to manage Y's anxieties, but Y was unable to settle once in school. On 28 March 2018, School A asked Y's mother to collect her from school because she was so distressed.

Zero Damages Offer is a Genuine Part 36 Offer

MR v Commissioner of Police for the Metropolis [2019] EWHC 1970 (QB)

The High Court has ruled that a Part 36 offer to settle a claim for nil damages on the condition that the police admit liability for false imprisonment and assault was a genuine Part 36 offer.

The facts

The appellant was arrested on suspicion of having committed an offence of harassment but released without charge.

The Court of Appeal Reaffirms the No Delay Principle in Care Proceedings

Re H (A Child) (Refusal of placement order) [2019] EWCA Civ 1557

On 12 September 2019, the Court of Appeal held that an 18-month adjournment of care proceedings concerning a baby, who was 7 months old at the time of the judgement, to allow time for the parents to make sustained changes, is prejudicial to the child's welfare.

ICO Updates Guidance on Timescales for Responding to a Subject Access Request

The Information Commissioner's Office has updated its guidance on calculating timescales for responding to subject access requests (SAR) following a recent ruling by the Court of Justice of the European Union. When calculating response times, the day a SAR is received is classed as 'day one', as opposed to the day after receipt.

Forbes comment

It is imperative that organisations respond to subject access requests promptly and in accordance with the appropriate time limit. We recommend that the updated guidance on how to correctly calculate response times is communicated to the relevant people within your organisation.

Regulatory Update

• Council fined £100,000 after exposing workers to Hand Arm Vibration Syndrome
• Charitable trust fined after felled tree falls on members of the public
• Steel company fined £1.8m after fatalities following workplace explosion

Forbes at Trial: Forbes Successfully Defends "player on player" Football Claim

Forbes has successfully defended a "player on player" football claim following a 3-day trial.

The facts

The Claimant was playing in a football match against the Defendant's team. About half way through the first-half the Claimant suffered a serious injury to his Achilles tendon. The Claimant alleged that the Defendant challenged him from behind, raking his boot studs across the back of his ankle when he was still 6-8 feet from the ball. He brought a claim for personal injury against the Defendant.The Defendant denied the claim and argued that he was facing his own net when the goalkeeper kicked the ball to him.

Forbes at Trial: Doors Close on Unsuccessful Claim

An employee has lost her claim for personal injury after the Judge concluded that the automatic doors to the supermarket were not faulty.

The Claimant was employed by the Defendant supermarket. On the day of the incident, she had entered the supermarket through the main foyer. She was walking briskly as it was raining. She claimed that as she approached the double automatic doors she glanced towards a group of customers.

She said that she expected the doors to open but they did not.

Forbes at Trial: Carpenter Loses Claim After Breaking His Own Ankle With a Sledgehammer

A Claimant who injured himself with a sledgehammer has lost his claim for personal injury at trial.

The facts

The Claimant had been tasked to work on a joint venture construction project by his employer, a labour-only sub-contractor.