Government Announces New Data Protection Bill

In a statement of intent the Government has committed to updating and strengthening data protection laws through a new Data Protection Bill to reflect the GDPR (EU General Data Protection Regulation).

According to the government, the Data Protection Bill will:

• Make it simpler to withdraw consent for the use of personal data
• Allow people to ask for their personal data held by companies to be erased

Proposed Fixed Costs for Disrepair Claims

As you may be aware, in 2010 Lord Justice Jackson published his final report of his review of the rules and principles governing the costs of civil litigation. This report, amongst other things, introduced fixed costs for certain low value claims, in the area of personal injury and took many disrepair claims out of the scope of legal aid funding.

QOCS & The Transitional Provision of CPR 47.17

In a Judgment handed down last week the Court of Appeal has sought to provide clarity on the transitional provision of CPR 44.17 in relation to Qualified One-Way Costs Shifting (QOCS) and pre-commencement funding arrangements.

Forbes at trial: Landlord not Liable for Needle Stick Injury

James Walker v Thirteen Group Ltd
Middlesborough County Court – Judge Ord

The Claimant sustained a needle stick injury whilst decorating his step daughter’s bathroom at premises let to her by the Defendant.  The Claimant’s hand came into contact with a hidden needle.  Subsequently, more needles were found as well as other drug paraphernalia including tin foil and a spoon.

Forbes at trial: Defendant not Liable for Accident Involving Refuse Vehicle

Peet v Wigan Council
Wigan County Court – DJ Mornington

The Claimant was involved in a serious accident when working as a refuse collector for the Defendant. The Claimant alleged that as he attempted to climb on to a stationary vehicle, he lost his footing and fell backwards onto the ground.    The refuse vehicle then started to move backwards and reversed over his right leg causing a crushing injury.   

Forbes at trial: Risk of Ice does not put Local Authority in Breach of Highways Act

Harrison v East Riding of Yorkshire Council

The claimant alleged that she was walking along a road when she came across water emerging from a drain and running alongside the road. Some of the water had frozen on the surface of the carriageway and the claimant slipped on the ice.  The claimant contended that the ice had formed as a result of a defective gully.