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Insurance eNews
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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. Loss Prevention in Retail Liability Claims The Court of Appeal clarifies the test for dangerousness in respect of rarely used highways The Court of Appeal has dismissed a cyclist’s claim for personal injury finding that a defect on the edge of a remote road was not a danger. The Claimant had been cycling along a high mountain road, under 4m wide, with gradients of between 14% and 20%. Whilst cycling downhill, he rounded a bend and hit some debris...to read the full article, please click here High Court Swallows Up Sinkhole Case The tenant had been standing in her garden when a hole suddenly opened up in the ground. She fell into it and sustained minor injuries. She appealed after her claim under s.4 Defective Premises Act (DPA) against the local authority landlord was dismissed...to read the full article, please click here Missing Handrail– Duty does not extend to making safe or improving premises In two recent cases both concerning claims for injuries (in the case of Dodd fatal injuries) sustained on steep staircases with no handrail, the Court has considered whether the absence of a handrail amounts to disrepair pursuant to section 4 Defective Premises Act 1972...to read the full article, please click here “Fundamental Dishonesty” Ruling made on a NIHL Claim A finding of ‘fundamental dishonesty’ has been made in the case of James v Diamanttek Ltd. The Claimant, a factory worker, alleged that whilst working as a diamond driller and plant operator between 2003 and 2013 he had not been provided with any hearing protection...to read the full article please click here Forbes at Trial What a Scoop! Forbes has successfully secured a finding of fundamental dishonesty after a Claimant filed a Notice of Discontinuance just three days before trial. Forbes argued that the matter ought to remain in the trial list to allow the Court to consider the issue of fundamental dishonesty. At the hearing, the Defence put forward overwhelming evidence that the Claimant had been fundamentally dishonest...to read the full article, please click here Are you Brave Enough to take the Plunge? The Claimant sustained an injury whilst using a slide called the “plunge” during a visit to a play centre. It was alleged that the accident was caused by the Defendant’s negligence; specifically a lack of instruction...to read the full article, please click here
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