Forbes Solicitors
Insurance eNews  August 2017

The Court of Appeal seeks to Further Clarify the Relationship between Cost Budgeting and Detailed Assessment

Since the introduction of the Jackson reforms, costs management has become an integral part of multi track litigation.  However many aspects of the new costs regime still remain unclear; in particular the relationship between cost budgeting and detailed assessment.


Health and Safety Fines on the Up

The Health and Safety Offences, Corporate Manslaughter and Food Safety and Hygiene Offences Definitive Guidelines have been in force for over a year and during that time we have witnessed a dramatic increase in the level of fines being imposed on organisations following breaches of health and safety legislation.

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Part 36 Offers - Court of Appeal Reiterates the Costs Consequences of Accepting a Part 36 Offer Out of Time

Briggs v CEF Holdings Ltd (2017)CA (Civ Div) (Gross LJ, Asplin J) 13/07/2017

The Court has overturned a district judge's decision not to make the usual costs order following the late acceptance of a Part 36 offer by a claimant.

The Facts

The claimant injured his foot in a workplace accident and brought a claim against his employer. He issued in January 2012 and disclosed an orthopaedic report with an unfavourable prognosis.


Forbes at Trial: CPR 44.15 - The Lesser Used QOCS Exception

Walmsley v Wigan Council

The Claimant alleged that he tripped in a defect on a pavement sustaining personal injury.

A breach of duty was admitted with the Claimant put to strict proof as to causation, both factual and medical, with various concerns raised as to the Claimant's veracity. Contributory negligence was also alleged.


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Forbes at Trial: Claimant Discontinues Construction Claim Following Cross Examination of Witnesses

Morton v Linden Homes – Sheffield County Court – June 2017

The Claimant, an employee of a sub-contractor, alleged that he sustained injury whilst working on a building site where the Defendant was the Principal Contractor.  He claimed that he had been instructed to work on a brick garage by the Defendant’s site manager who had apparently confirmed that the plot was safe.  


Forbes at Trial: “Employers not Nursemaids” 

Leicester County Court – February 2017

The Claimant worked as a warehouse operative for a retail company; he alleged that he sustained an injury to his hand when turning over a pallet which had been incorrectly stacked.  He claimed that his colleagues had been trained not to leave pallets upside down and this was the cause of his injury. 

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