Bereavement Awards for Cohabitees

In May 2020 we reported the increase in the bereavement award for fatalities from the 1 May 2020. At that time we highlighted that it did not yet apply to cohabitees, but that change was anticipated. That change will now be brought in with effect from the 6 October 2020, when the Fatal Accident Act 1976 (Remedial ) Order 2020 comes into force. The list of eligible bereaved persons entitled to a share of the statutory bereavement award will be extended to cohabitees. The amount of the award currently stands at £15 120.

Robust inspection regime leads to successful Section 58 defence -Walvin v Sunderland City Council

Mr Walvin, was using his motorised wheelchair on a footpath when he rode over a defective paving slab causing him to fall from the chair. At trial the court concluded that the accident happened as alleged and that the defect was a danger to users of the highway.

Medical records were the key to the Claimant being found fundamentally dishonest -Sheffield v Wills

Forbes acted for Sheffield City Council in the successful defence of a claim on the basis that the claimant was fundamentally dishonest.

The Claimant's pleaded case alleged that on 19th October 2016 she was caused to slip down 14 steps in the communal area of the block of flats where she resided as a Council tenant. She specifically alleged that the steps were wet due to cleaning undertaken by the Council's employees.

The HSE Construction Health Inspection Initiative

The HSE has announced that it will be carrying out its latest construction health inspection initiative this October with health and safety inspectors targeting construction sites across Great Britain.

The initiative will run from Monday 5 to Friday 30 October and will focus on respiratory risks as well as COVID security
 

Shaukat v an Insurer

The Claimant claimed that he was involved in a road traffic accident after 11 pm when he and his two passengers decided to go to McDonald's. On entering the McDonald's carpark, it was alleged that a van driven by an employee of the insured was driven into collision with the claimant's vehicle Causing injury to all three occupants.

Detailed investigations revealed numerous concerning features. It was established that one of the Claimant's passengers was known to the defendant driver, the second passenger was the director of an accident management company and a hire car company and the brother of the Claimant driver had an extensive list of criminal convictions including those for terrorist offences.

Claimant "nowhere near" proving causation

Forbes have successfully defended a highways tripping claim on causation grounds.

The claim arose as a result of an alleged accident on Christmas Eve 2015. The Claimant's case was that he had been out training with a friend in readiness for the start of his army career in January 2016. He claimed he was caused to trip due to a pothole on the footway resulting in a serious injury to his left knee.

Massive fine for employer in workplace fatal accident

Leadec Limited, a specialist industrial services company has been fine £2 million and ordered to pay £30,000 costs following a fatal injury to Joseph MacDonald, one of its employees. The company pleaded guilty to breaching section 2(1) of the Health and Safety at Work Act 1974.

Mr MacDonald was cleaning waste-water pipes using high-pressure water jetting equipment at a car manufacturing site. He was struck by the end of the flexi-lance casing a fatal injury.

Whilst the company were found to have recognised the risks of this activity they had failed to put in place appropriate measures to mitigate those risks. Nor were training or supervision up to industry and competent standard.