Discount Rate – the Aftermath

Last month, Liz Truss took the surprising step of reducing the discount rate from 2.5% downwards to -0.75%.  Lowering the rate to -0.75% means the cost of paying for lump sum personal injury compensation will significantly increase. Future settlements are likely to be double or even treble in value.

Guidance Document to Supplement New Highways Code of Practice Released

The Institute of Highway Engineers (IHE) have launched a revised guidance document on Highway Risk and Liability titled “Well Managed Highway Liability Risk”.

Three Yearly Tree Inspection Policy deemed Negligent by Court

Cavanagh v (1) Witley Parish Council (2) D Kevin Shepherd (T/A Shepherd Tree Surgeons & Forestry Contractors) (2017)

A parish council has been found negligent in adopting a three-year cycle for its inspection of trees on its land.

Forbes at Trial: No Liability Where Claimant Cannot Identify Defect

Barnes v Warrington BC
St Helen’s County Court – DDJ Maddison

The Claimant alleged that upon exiting her vehicle in the school car park she caught her foot in a pot hole, tripped and fell.

The Defendant denied liability and put the Claimant to strict proof as to her reason for being at the school.  The school maintained that there was an area of uneven tarmac at the locus but no trip hazard.  Furthermore the Defendant argued that they acted reasonably to ensure visitors were safe in using the premises. 

Forbes at Trial: Evidence from Local Witnesses Undermined

Bower v Bolton Council
Bolton CC – DJ Evans

The Claimant alleged he tripped and fell on a pothole next to a drain whilst walking his dog.  The Claimant suffered a personal injury and brought a claim against the local authority.

Forbes at Trial: Sign Your Claim Away

Brown v Calderdale

The Claimant made a claim against the local authority after allegedly sustaining personal injury. Breach of statutory duty was conceded and the claim was issued as causation was in issue. Serious concerns were however raised upon receipt of the claim for Special Damages. The Claimant sought £37,500 for loss of profit. She alleged that she was a sole practitioner of her own company which specialised in tax advice.