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Forbes Solicitors
Forbes Solicitors

Insurance eNewsletter

September 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

Court Rules it is Legitimate to Cherry-pick Parts of a Claim to Admit to Enable Allocation to Small Claims Track

In the recent Court of Appeal case of Pervez Akhtar v Jordan Boland (2014) CA (Civ Div) (Gloster LJ, Floyd LJ, Sir Stanley Burnton), the Court confirmed that if a sum is admitted and accepted in a defence, it will reduce the amount in dispute, and the reduced sum will therefore determine which track the claim ought to be allocated to.

The claim arose out of a road traffic accident. The value of the claim was pleaded to be worth £6392.80. A defence was served which admitted the accident and also admitted to pay the Claimant for any proven loss and damage. The defence stated read the full article please click here.

Part 36 - Judge Declines to Order Additional Uplift Payment

In the case of Elsevier Ltd v Robert Munro (2014) [2014] EWHC 2728 (QB) QBD (Warby) 31/7/2014, the issue before the Court was whether the Defendant should be ordered to pay to the Claimant an additional 10% in costs pursuant to CPR 36.14(3)(d). Justice Warby dealt with this matter in a supplemental judgment.

The details of the main case are largely irrelevant; needless to say, the Claimant obtained a judgment "at least as advantageous as the proposals contained in a claimant's Part 36 offer". The consequences for the Defendant are read the full article please click here.

QOCS - Defeat from the Jaws of Victory

Qualified One Way Costs Shifting (QOCS) formed part of the recent reforms and was designed to afford Claimant's costs protection in the event their claim was unsuccessful. Whilst the implications between Claimants and Defendants have been well documented, the Court of Appeal confirmed that the nightmare interpretation of QOCS is lawfully correct when they considered this matter for the first time. The decision in Wagenaar v Weekend Travel Ltd [2014] EWCA Civ 1105 is likely to send shockwaves throughout the legal read the full article please click here.

Upcoming CPR changes - Part 36

It has been reported that The Civil Procedure Rules Committee (CPRC) is currently considering a number of possible reforms to simplify Part 36. In a report to the CPRC, Ed Pepperall QC argued that Part 36 had become increasingly technical and offers under it were failing because the rules were being misunderstood and misapplied. He continued to argue that the consequences of part 36 offers should be "so significant" that it was important read the full article please click here.

New Guidance for the Instruction of Experts Issued by the Civil Justice Council

The Civil Justice Council has issued revised guidance for the instruction of experts here. Once the Guidance has been reviewed by the Civil Procedure Rule Committee it will be annexed to Practice Direction 35.

There are very few substantive changes to the Guidance. Changes read the full article please click here.

Forbes at Trial

Claimant's Slushy Account Causes Claim to Fail at Trial

Forbes has successfully defended a claim at trial where it was alleged that upon crossing the road a Claimant fell on a deep hole/two grids in the road. Whilst the Judge found that the hole in the road was dangerous, he was left less than satisfied by the Claimant's failure to be able to adequately explain the mechanics of the accident read the full article please click here.

A Good Week for Forbes!

As reported earlier in the month, in a bumper week Forbes Solicitors successfully defended six claims at trial and negotiated the Discontinuance of six additional cases against various clients.

These cases covered a wide variety of legal areas - Occupiers Liability, Employers Liability, Public Liability, Highways and causation only matters.

Here is a quick round up of some of the cases from that week read the full article please click here.

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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