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Insurance eNews September
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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 Forbes Insurance Blog We also regularly post blogs to keep you updated with the latest news and developments. To receive notification of when our blogs are posted, please click here to subscribe. The Importance of Pre-Action Disclosure The defendant received a letter of claim for personal injury following an accident in the defendant’s A&E department. The defendant denied liability and wrote to the claimant stating that it had no documents to disclose. However, after proceedings were issued, the defendant disclosed a number of relevant documents, causing the claimant to discontinue her claim...to read the full article, please click here. Hayward v Zurich Insurance Company - Supreme Court Rules Insurer Can Overturn Out of Court Settlement Agreement Zurich Insurance has been successful in overturning an out-of-court settlement agreement against a claimant who was subsequently found to have dishonestly exaggerated his personal injury claim. The claimant had originally claimed around £420,000 for special damages, stating that his injury in the course of his employment had impaired his ability to work. The Supreme Court reduced the claimant's damages from the negotiated settlement figure of £134,973 to £14,720 to reflect the true value of the claim...to read the full article, please click here. Child Awarded Damages Following Significant Delay in Commencing Care Proceedings The High Court has found that a child's rights under articles 8 and 6 have been seriously interfered with by the actions of a local authority. In December 2011, the child known as "K" was placed in the care of the local authority pursuant to section 20 Children Act 1989 (CA 1989). She underwent seven successive foster placements, all of which broke down, often at short notice in distressing circumstances before the local authority eventually issued care proceedings in November 2015...to read the full article, please click here. NHS Foundation Trust fined over patient death Pennine Care NHS Foundation Trust has been fined for safety failings after a patient drowned during a canoeing activity event. Mr Elahi, who was an inpatient at Birch Hill Hospital was participating in a pre-arranged rafted canoeing activity provided by an outdoor activities centre in partnership with Pennine Care NHS Foundation Trust, when he removed his buoyancy aid and jumped into the water in an attempt to end his own life...to read the full article, please click here. Annual workplace fatality statistics published Provisional annual data for work-related fatal accidents in the workplace has been released this month. The long term trend has seen the rate of fatalities more than halve over the last 20 years. However, provisional figures indicate that 144 people were killed while at work in 2015/2016 – up from 142 in 2014/5...to read the full article, please click here. Forbes at Trial Claim Fails to Make the Cut The claimant suffered an injury whilst playing at a Golf Club he had been a member of for over 15 years. At the 16th hole he had driven his ball towards the 17th tee. The 17th tee was lower than the 16th and could be accessed either by walking down a sloping bank or by using the steps constructed by way of railway sleepers placed in the bank. As the claimant proceeded down the steps to find his ball, he fell and severely injured his leg. Various allegations were raised regarding the safety and design of the golf course...to read the full article, please click here. Can-did Camera A Heineken beer can lurking inconspicuously in a photograph of an accident locus led to the demise of this claim for personal injury. The claimant alleged that in January 2012, the front wheel of his bike went into a pothole in the road causing him to be thrown from his bike. He suffered a fractured hip...to read the full article, please click here. |
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