The Invasion of the Japanese Knotweed Claim

The mere mention of Japanese Knotweed is enough to strike fear in the heart of any seasoned gardener.  This invasive bamboo-like plant spreads rapidly, suppresses the growth of other plants and can potentially threaten property foundations. 

The Not so Sweet Child of Mine

Network Rail v Dermody & Anor (2016) [2016] EWHC 2060 (QB) QBD (Edis J) 19/07/2016

A former employee of Network Rail was found in contempt of court and sentenced to three months in prison after fabricating the extent of his injuries following an accident at work.

School Trips

In another tragic case at a theme park, a young girl lost her life whilst riding on a water ride at Drayton Manor.  The girl was on a school trip when she fell from the ride.

This tragedy brings to the fore the importance of ensuring appropriate health and safety considerations are made before and during school trips. When parents leave their children in the care of teachers, they are acting “in loco parentis”. 

Claimant Found Fundamentally Dishonest Following Causation Only Trial

Owing to the stark and glaring inconsistencies in the claimant’s witness evidence at trial, Forbes on behalf of the defendant took the unusual step of seeking a finding of fundamental dishonesty following the dismissal of this claim for personal injury.

A Mickey Mouse Claim

An audacious claimant who allegedly fell in the course of her employment as a teaching assistant has discontinued her claim shortly before trial.

The claimant alleged that she had slipped on a piece of discarded fruit sustaining a soft tissue injury to her neck, back and head.

Claimant has the Rug Pulled from under the Claim

Potter v Co-operative Group

The claimant alleged that she tripped on a mat whilst exiting the defendant’s store premises and fell face first into a metal fence outside of the main doors of the store.  The claimant alleged that she suffered personal injuries as a result.

Council Fined for Publishing Sensitive Data in Online Planning Documents

A local authority has been fined £150,000 by the Information Commissioner’s Office (ICO) for publishing sensitive personal information about a family in Online Planning Documents.

Basildon Borough Council breached the Data Protection Act when it published a statement supporting a householder’s planning application for proposed works in a green belt area. 

Insurer Allowed to Resile from Admission of Liability after the Value of the Claim Increased

Kieran Blake v (1) Dominic Croasdale (2) Esure Insurance Ltd (2017)[2017] EWHC 1336 (QB)

In this unusual case, the Court allowed the Defendant to withdraw its admission of liability in the interests of justice as the value of the claim had increased significantly and because the Defendant sought to argue ex turpi causa (i.e. the claim has arisen from illegal or immoral conduct).

Court of Appeal Dismisses DPA Handrail Case

Megan Louise Dodd (Widow & Executrix f The Estate Of Paul James Dodd, Deceased) v Raebarn Estates Ltd & 5 Ors (2017) [2017] EWCA Civ 439 CA (Civ Div) (McFarlane LJ, Lewison LJ, McCombe LJ) 21/06/2017

In this matter the Court of Appeal considered whether a freeholder was in breach of its duty of care under section 4(4) of the Defective Premises Act 1972 in relation to a visitor who fell down a staircase without a handrail which did not comply with building regulations.

Retail Manual Lifting Claim Fails

Matthews v The Co-operative Group

The Claimant was employed by the Defendant as a retail assistant.  She alleged that she sustained an injury when attempting to lift a box of milk from the bottom of a cage.  She claimed that the box had been incorrectly loaded and was therefore wedged into the bottom of the cage.

Alarm 2017

Forbes once again had a stand at the recent Alarm conference held at Manchester Unviersity in June.

It was a pleasure to see so many of our clients and contacts over the two day exhibtion.

Thank you to everyone who visited our stand and we hope to see you again next year.

Discount Rate Decision Imminent

It is expected that the government will make an announcement next month on whether it intends to revise the discount rate.  The Law Gazette has reported that in a House of Lords debate last month, Conservative peer Lord Hodgson of Astley Abbotts said the Ministry of Justice will respond to its consultation on the issue by 3 August.