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Forbes Solicitors

Insurance eNews
April 2015

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

NIHL is a Disease not an Injury

The High Court has ruled in the case of Michael Dalton v BT PLC and others [2015] EWHC 616 (QB) that Noise Induced Hearing Loss (NIHL) is a disease and not an injury for the purposes of calculating success fees.  The issue before the Court was whether NIHL should be regarded as a disease. If NIHL was a disease, it would fall within section V of Part 45, which provides for a success fee of 62.5% on settlement of a claim. If, however, it was found not to be a read the full article please click here.

Further Clarity Provided on Vicarious Liability

In the recent case of Paul Graham v Commercial Bodyworks Ltd (2015) EWCA an employer was found not liable for injuries sustained by an employee whilst engaging in dangerous 'horseplay' at work.  Mr Graham worked in a body work repair shop, he sustained serious injuries when his overalls caught on fire after his co-worker sprinkled an inflammable thinner on to his read the full article please click here.

The Enterprise and Regulatory Reform Act 2013 Divide

The Enterprise and Regulatory Reform Act 2013 came into effect on 1st October 2013. It was hailed as a ground breaking piece of legislation which would dramatically alter the claims landscape.  Prior to 1st October 2013, employees who suffered an accident at work could bring a claim for damages against their employer under Section 47 of the Health and Safety at Work Act (unless otherwise stated) for a breach of read the full article please click here.

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Forbes at Trial

Trial Win - Pavement Collapse Not Longstanding

Forbes has successfully defended a claim on behalf of Bolton Council. The claimant alleged that he tripped in a long standing pothole and sustained an injury to his knee.  The defendant denied that the defect was longstanding and sought to rely on the Section 58 Defence. The defendant maintained that the defect had not been created due to wear and tear but most likely had been formed suddenly as a result of a collapse read the full article please click here.

An "Almighty Noise"

Forbes has successfully defended a claim on behalf of Wigan Council.  The claimant alleged that she was driving at 20mph when she struck a pothole in the carriageway causing personal injury and damage to her vehicle.  The claimant's witness statement which she relied on as her Evidence in Chief at the trial, only referred to hearing "an almighty noise". She gave no evidence of her car striking a pothole. She conceded in cross examination that it was daylight, that nothing had impeded her sight, that she did not read the full article please click here.

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