Legal Article
22/04/24
In the case of R v Michaela Community Schools Trust, the High Court held Article 9 of the EHCR and s19 Equality Act 2010 had not been breached by the school through their 'prayer ritual policy' which prohibits pupils from performing prayer rituals ("PRP") on premises after a Judicial…
Legal Article
12/04/24
In the case of Mr K Lister v New College Swindon the tribunal held that a teacher who had gender critical beliefs was not unfairly dismissed and his claim for discrimination failed. The Claimant, Mr Lister was a teacher at New College Swindon who had worked at the College since August 2020 and…
Legal Article
10/04/24
Forbes recently handled an RTA claim in which liability had been admitted. The Claimant initially complained of neck, shoulder and lower back pain which radiated into her pelvis, legs and toes. She also complained of knee pain and headaches. She was referred to an orthopod by the original expert. When…
Legal Article
10/04/24
In March, the Court of Appeal confirmed, in the decision of Hadley v Przybylo [2024] EWCA Civ 250, that solicitors can seek to recover the costs of attending case management meetings though the precise amount to be recovered would depend on the individual case. As such the court declined to set specific…
Legal Article
10/04/24
Forbes have recently successfully defended another highway tripping claim in Manchester County Court. The claimant alleged that she fell on a pothole in the carriageway, as she tried to climb into a taxi, after leaving an Amy Winehouse tribute night at a local pub, suffering significant facial…
Legal Article
10/04/24
The recent case of Omar Elbanna v Tom Clark [2024] EWHC 627 (KB), in which the High Court handed down Judgment on 20 March 2024, serves as a useful reminder of the duties participants in sports owe to each other, and how they may be breached. The case is a tragic example of how things can go…
Legal Article
10/04/24
The Supreme Court has handed down judgment in the conjoined appeals of Charlotte Victoria Hassam & Anor. v Yoann Samuel Rabot & Anor . which clarifies the approach to be taken for the assessment of damages following whiplash reforms. The Civil Liability Act 2018 ('CLA 2018') in…
Legal Article
09/04/24
April is a month of many employment law changes which organisations need to be aware of. Below is an overview of the legislative changes which have taken place, along with details of the increases in various statutory payments. Flexible working The changes to the rules on flexible working have…
Legal Article
09/04/24
The changes to the rules on flexible working have now come into force. This means that from the 6th April 2024: · Flexible working is now a "day one" right, meaning that the eligibility requirement for an individual to have 26 weeks' continuous service before making a…
Legal Article
05/04/24
Each case is different; the steps required, and the litigation timetable followed will depend on the facts and circumstances and the dispute. There are also factors that cannot be predicted in advance, such as actions taken by the Defendant, evidence that emerges during the case, directions or orders…
Legal Article
05/04/24
On 31st May 2021 the Government introduced the Whiplash Tariff, fixing damages for whiplash injuries. Whiplash is defined in the statute as being an injury of soft tissue in the neck, back or shoulder namely a sprain, strain, tear, or rupture or lesser damage of a muscle, tendon or ligament except…
Legal Article
05/04/24
New public order powers to prevent individuals from causing repeated serious disruption came into force on 5th April 2024. The Government says that: "In recent years, we have seen an increase in protest tactics that are dangerous and cause serious disruption. The Government is committed…
Legal Article
04/04/24
We know that stress can be everywhere, and unhealthy stress can detrimentally affect our health, but do you know what is causing or contributing the most stress amongst your employees? Do your managers know how to support/spot signs of stress in their colleagues? What strategies are in place for…
Legal Article
03/04/24
Susan Greens, a 95 year old resident of Springfield Bank Care Home in Scotland was missing from the grounds on the night of 16th December 2021. Following a search for the missing resident, care assistants located Mrs Greens outside in a courtyard after a fall which had caused injury to her head. Mrs…
Legal Article
03/04/24
The 17th edition of the JC Guidelines has now been released. Since the first edition in 1992 these guidelines have been the first port of call for valuing general damages in any personal injury claim. Unsurprisingly the figures in the new edition have increased since the previous version. The…
Legal Article
22/03/24
The government has introduced the Post Office (Horizon System) Offences Bill before Parliament; if passed, the resultant Act will automatically overturn convictions for certain offences linked to the Post Office Horizon scandal. The Post Office Horizon IT scandal has been described as the one of UK…
Legal Article
22/03/24
A package of six new sentencing guidelines for offenders convicted of immigration offences in England and Wales have been published by the independent Sentencing Council following changes in legislation. Under the proposals, judges and magistrates will - for the first time - have dedicated…
Legal Article
22/03/24
In the case of Attorney General's Reference on a Point of Law No 1 of 2023 [2024] EWCA Crim 243, the Court of Appeal considered the defence of "lawful excuse" in the context of criminal damage committed by protestors. In 2020, a group targeted the premises of a number of organisations…
Legal Article
20/03/24
Within this article, we consider the SEND responsibilities of schools and Local Authorities (LAs) and the relevant financial commitments attributed to those responsibilities. Background The Children and Families Act 2014 secures the general presumption in law that children and young people…
Legal Article
15/03/24
What is Planning Permission and when is it required? Under the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for the carrying out on land of any development. A development is defined as the "carrying out of building, engineering, mining or other operations in…
Legal Article
15/03/24
In the case of Ms Malabver-Goulbourn v Arbor Academy Trust the Employment Tribunal found that a Headteacher of a Primary School was unfairly dismissed as her behaviour resulting in her dismissal did not amount to gross misconduct. The Claimant, Ms Malabver-Goulbourn, had been Headteacher at one of…
Legal Article
15/03/24
The use of facial recognition technology is back in the news following an announcement from the Information Commissioner's Office (ICO) that it has ordered Serco to stop using a staff clocking-in system which used facial recognition technology. The technology was used to monitor the attendance of…
Legal Article
15/03/24
As an independent school, there is an inherent risk that parents may not pay fees that they have agreed to pay. This could be down to a multitude of factors. Below are set out steps to take to ensure that any non-payment is picked up expeditiously. Process The first step would be to have a…
Legal Article
11/03/24
On Wednesday 6th March the Chancellor of the Exchequer Jeremy Hunt delivered the 2024 Spring Budget. In an election year the Budget is always important but what has this year's budget brought and what, if anything, do you need to do about it. Prior to the Budget Michael Gove the Secretary of…
Legal Article
11/03/24
Contracts are the foundation of all business transactions. They formulate agreements with customers, suppliers, and other third parties. Ideally, a contract would be properly drafted and will clearly identify the terms and what is expected from each party, for the contract to be performed. Many…
Legal Article
08/03/24
In the case of Donkor-Baah v University Hospitals Birmingham NHS Trust, the Employment Appeal Tribunal (EAT) has dismissed an appeal brought by an agency worker challenging a Tribunal's decision to dismiss her claim for suspension of pay between the termination of one assignment and the commencement…
Legal Article
08/03/24
The High-Profile & Private Crime Division, led by Partner Craig MacKenzie, secured acquittals for our client following a seven-week trial at Manchester Crown Court. The team instructed Ian McMeeking of Lincoln House Chambers in the case, which involved the supply of drugs across Greater Manchester…
Legal Article
07/03/24
Measures have been signed into law this week to ban keeping primates as pets. The legislation brings in a licensing scheme setting strict rules to ensure that only private keepers who meet new welfare and licensing standards can keep primates, delivering on a government manifesto commitment and…
Legal Article
07/03/24
The Spring Budget was delivered by Chancellor Jeremy Hunt on the 6th of March 2024 and offered little comfort regarding the criminal justice system. Overall departmental spending is said to rise by 1%, but this is not evenly spread, with protected spending, such as on the NHS, receiving a more…
Legal Article
05/03/24
When a loved one suffers harm or loses their life due to medical negligence, it can be an emotionally devastating experience. In such cases, understanding your rights and the compensation you may be entitled to is crucial. Let's delve into the key aspects: What Constitutes Medical Negligence…
Legal Article
04/03/24
This week is Update Your Will Week (4th - 10th March), an annual campaign hosted by The Association of Lifetime Lawyers . It aims to raise awareness around the risks of not having an up to date Will and encourages people to update their Will to ensure their wishes are carried out when they…
Legal Article
01/03/24
The Prison and Young Offender Institution (Adjudication) (Amendment) Rules 2024 come into force on 31 May 2024 and will make a number of important changes in relation to prisoner discipline and punishment. These changes are intended to improve behaviour management in prisons by ensuring serious…
Legal Article
01/03/24
Pupil non-attendance is a deeply worrying issue and statistics demonstrate that the problem has significantly worsened since the pandemic, with increasing numbers of children seemingly lost to the education system. This is on top of the numbers of children missing selective school days for holidays and…
Legal Article
29/02/24
In an ever-growing technological world, which brings with it more ease in the ways we communicate, more ways to be efficient in our work, and the ability to store and process data effectively, there is also increased exposure and vulnerability to cyber-attacks. These attacks can comprise…
Legal Article
29/02/24
Given the current digital landscape, the demand for skilled professionals in cyber security and data protection has sky rocketed. Securing the right talent is crucial for safeguarding sensitive information and maintaining the integrity of digital assets. The skilled worker route provides an avenue for…
Legal Article
29/02/24
We might not think of the manufacturing sector as a repository of sensitive information but increasingly it is. Manufacturers are handling vast amounts of confidential material from proprietary designs and intellectual property to trade secrets and sensitive data. As a result, cyber and data security…
Legal Article
29/02/24
On the 26th of October 2023, the Economic Crime and Corporate Transparency Act (ECCTA) became law. The changes will be introduced in phases over the next few years, with the first set of changes being introduced on 4 March 2024. The aim of the ECCTA is to introduce changes to Companies House…
Legal Article
26/02/24
The Supreme Court has recently tightened the control mechanisms used in secondary victim cases. A secondary victim can be defined as an individual who witnesses the injury of another person and suffers psychological injury as a result. The case of Alcock v Chief Constable of the South…
Legal Article
26/02/24
What is Parental Responsibility? Parental responsibility is defined in s 3(1) Children Act 1989 as: "all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property". Parental responsibility refers…
Legal Article
21/02/24
Last week Nicholas Hawkes become the first person to be convicted for the new offence of "Cyber Flashing". Hawkes sent unsolicited photos of his erect penis to a 15-year-old girl and a woman. The woman took screenshots of the image on WhatsApp and reported Hawkes to Essex Police the same…
Legal Article
21/02/24
In response to rise of attacks and fatalities by XL Bully dogs, on 31st December 2023 the Government introduced the Dangerous Dogs (Designated Types) (England and Wales) Order 2023, designating the XL Bully as a 'dangerous dog' under Section 1 Dangerous Dogs Act 1991. Having heard from many…
Legal Article
19/02/24
The latest government statistics give an interesting insight into the continuing prevalence of knife crime in England & Wales. The year-end figure for all knife offences shows a 2% decrease in offending, but this still represents an increase of 17% compared to a decade earlier. '…
Legal Article
15/02/24
After an exciting engagement, couples are keen to make arrangements for the wedding itself. Due to the current cost of living, many more couples are looking to get married abroad, often seduced by white beaches, good weather and the ability to have a smaller guest list and a lower cost. Often,…
Legal Article
14/02/24
Our recent trial win in respect of a highways claim is a good reminder that the burden of proof lies with the claimant. In the case the claimant initially alleged in his letter of claim that he was visiting his son's place of work when he tripped because of a pothole. He then subsequently told…
Legal Article
14/02/24
The appeal decision of the Supreme Court was handed down towards the end of 2023 in the case of TUI UK Ltd v Griffiths [2023] UKSC 48, providing important clarification of when a court can evaluate and reject an "uncontroverted" expert's report. Mr Griffith's claim arose from a…
Legal Article
14/02/24
The HSE has now published its annual statistics in respect of work related ill health and workplace injuries. That report confirms that nearly 2 million workers in Great Britain reported suffering from work related ill health in 2022/23. Historically since pre- Covid 19 the rate of self-reported work…
Legal Article
13/02/24
On December 01st 2023, at Bristol Crown Court, a care home, Alexandra House in Bristol, was fined £125,000 following a teenager's death. They were successfully prosecuted for not doing enough to keep people safe from vulnerable patients who represented a danger not only to themselves but to…
Legal Article
06/02/24
Full-service law firm Forbes Solicitors has expanded its office lease at Gordon House in Preston to create its largest office space for 200 of its staff. The new lease forms part of the firm's long-term growth plans for supporting clients across the UK as a leading regional law firm with…
Legal Article
06/02/24
Maternity claims involve a wide variety of conditions that can develop during pregnancy and labour and can result in significant injury to the mother and child if not managed properly. The majority of cerebral palsy cases are not related to negligence, and the single largest factor for cerebral…
Legal Article
02/02/24
The Ministry of Justice has launched a consultation on the reintroduction of "modest" fees in the Employment Tribunal and the Employment Appeal Tribunal. The consultation will close on the 25th March 2024 and the link to the consultation can be found here . The proposal is to introduce…
Legal Article
02/02/24
Draft guidelines for sentencing offenders convicted of blackmail, kidnap or false imprisonment were published by the independent Sentencing Council. Under the proposals, judges will, for the first time, have dedicated guidelines to follow when sentencing these offences. The new guidelines will…
Legal Article
01/02/24
The ICO (Information Commissioners Office) has warned this week that it will take enforcement action against organisations using advertising cookies on website without consent of users. This follows an earlier announcement at the end of last year, where the ICO wrote to organisations running the UK'…
Legal Article
01/02/24
Acas have published their draft Code of Practice on Flexible Working, which will incorporate the changes to flexible working with effect from the 6th April 2024. The Code is currently awaiting Parliamentary approval. The draft code can be found here. By way of reminder, the Employment Relations…
Legal Article
01/02/24
There has been a lot of press coverage following reports before Christmas that the Court of Appeal had freed a woman prisoner due to her being pregnant. The lady had previously received a mandatory five-year minimum term for a firearms offence, so the revelation that the sentence was reduced to two…
Legal Article
01/02/24
In new proposals, the government intends to strengthen controls over social housing for some persons convicted of criminal offences. Housing Minister Lee Rowley said: "Today, we are proposing further steps to make the allocation of social housing fairer for people. If you abuse the…
Legal Article
25/01/24
Following on from our Mediation Awareness Week article . Here are a couple of recent mediation success stories from Forbes Solicitors: We were recently instructed by a father who had 3 children his ex-wife, of varying ages. The marriage ended abruptly when the wife told him she wanted to divorce.…
Legal Article
25/01/24
Having navigated the challenges of 2023, we now turn our sights towards 2024. Unfortunately, some of last year's challenges may not have gone away just yet, and there are some big unknowns waiting around the corner. The elephant that remains in the room is the continuing implementation of the…
Legal Article
24/01/24
Starting from the 6th February 2024, new Immigration Health Surcharge fees will come into effect. This change follows the implementation of the Immigration (Health Charge) Order 2024 on 16th January 2024. The fee will increase from £624 per year to £1035 for adult applicants. The lower rate…
Legal Article
23/01/24
The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023, came into force on the 1st January 2024. The Regulations amend the Working Time Regulations 1998 to preserve various entitlements under EU Law. They also set out a new system of holiday accrual for newly defined &…
Legal Article
23/01/24
The Information Commissioner's Office (ICO) recently announced its decision to fine the Ministry of Defence (MoD) for an "egregious breach" of the personal data of 265 potential Afghan evacuees. Background In September 2021, shortly after the Taliban took control of Afghanistan,…
Legal Article
22/01/24
The Information Commissioner's Office (ICO) have announced this month that it has fined HelloFresh £140,000 for breaches of privacy regulations by sending direct marketing emails and texts without valid consent. HelloFresh, an online meal delivery service, received a number of complaints…
Legal Article
22/01/24
The new year will bring a wave of developments impacting law and practice in the construction sector, with the arrival of the Joint Contracts Tribunal's (JCT) new standard form building contracts (JCT 2024 Editions) marking what many consider an overdue departure from the existing JCT 2016 Editions…
Legal Article
22/01/24
The 22nd January 2024 - 26th January 2024 is Mediation Awareness Week. In a cost-of-living crisis, is it a good time for you to consider settling your family dispute via mediation? Mediation is a form of alternative dispute resolution which does not involve going to court. The process is…
Legal Article
17/01/24
Building Information Modelling and Modern Methods of Construction: Key Contractual Considerations The construction industry in England and Wales is undergoing a transformative phase, with Building Information Modelling (BIM) and Modern Methods of Construction (MMC) reshaping traditional practices…
Legal Article
16/01/24
The Social Housing (Regulation) Act 2023 introduced a new section 10A Landlord and Tenant Act 1985 implying a term in all social tenancies that the landlord will comply with all prescribed requirements on responding to relevant defects to be specified in regulations. A breach would be actionable in the…
Legal Article
16/01/24
English contract law has long been regarded for its emphasis on the principle of freedom of contract, allowing parties to negotiate and agree to terms that suit their interests. In limited circumstances however, an obligation of good faith can be implied into commercial contracts, which significantly…
Legal Article
16/01/24
It is customary at this time of year to avoid reflecting on the poor decisions the office Christmas party may have brought by scanning the new year's horizon for signs of changes to come, and potentially to come. 2023 was a big year for litigation, most recently with the introduction of fixed…
Legal Article
16/01/24
2023 was a busy year for Forbes' Corporate team and we expect 2024 to continue to see lots of activity in the market. During 2024, it is generally anticipated that we will observe a continued trend in growth and improvement for Mergers and Acquisitions ('M&A') off the back end of…
Legal Article
16/01/24
The construction industry has always been dynamic, adapting to economic shifts, technological advancements, and regulatory changes. As we step into 2024, it's crucial for construction professionals to be mindful of emerging trends that might impact the landscape of construction disputes. This…
Legal Article
12/01/24
Newly published research suggests that pre-recorded evidence in chief and cross-examation, often referred to as "section 28 evidence", may be more advantageous to the accused than live evidence given in court before a jury. Conviction rates are reported to be 10% lower when this type of…
Legal Article
09/01/24
The Home Secretary has announced major changes to the UK visa system, scheduled to take effect in Spring 2024. These modifications, combined with the recent increases to visa fees and the immigration health surcharge, shall make it more difficult for workers coming to the UK. As per the statement made…
Legal Article
05/01/24
Domestic abuse and domestic violence can happen to anyone. Domestic abuse can include physical violence, sexual violence, emotional abuse, threats, financial control, coercive and controlling behaviour. Coercive and controlling behaviour is becoming more recognised than it has ever been before but…
Legal Article
05/01/24
What happens if one parent wishes to relocate with a child, either within the UK or abroad, following separation? · How can you stop them? · How can you persuade the court it is right for the child to be allowed to relocate? · What approach does the court take…
Legal Article
05/01/24
In a recent case Forbes Solicitors successfully acted for their client ("S") in obtaining an injunction to prevent the cremation of the client's late brother ("D"), whose last wish was to have a Muslim funeral and burial (given cremation is forbidden in Islam). On the day of…
Legal Article
05/01/24
A recent Police investigation into Royal Sussex County Hospital in Brighton, 'Operation Bramber,' has found that approximately 100 patients have faced negligent treatment between 2015 - 2021, with at least 40 patients having died as a result of the Hospital's negligent treatment. The…
Legal Article
04/01/24
The Grenfell disaster, which unfolded on 14 June 2017, is now known to be one of the UK's worst modern disasters, and for good reason. If you are unfamiliar with what happened, a fire broke out in the Grenfell Tower high-rise 24-storey block of flats in North Kensington. The rate at which the fire…
Legal Article
04/01/24
The much anticipated King's Speech on 07 November 2023 proposed reform through the Leasehold and Freehold Bill. Under this new Bill, it is proposed that leasehold ownership for new houses will be banned in England and Wales. This will not however apply to flats. In addition to this proposal, the new…
Legal Article
03/01/24
On the 7th of November 2023, King Charles III delivered The King's Speech for the 2023/24 Parliamentary session and confirmed the Government's intention to reform the current Leasehold system through the Leasehold and Freehold Reform Bill ("The Bill"). The speech included plans to make…
Legal Article
03/01/24
The purpose of the new Regulations is to "reproduce in domestic law certain interpretive effects of retained EU law which, under the Retained EU Law (Revocation and Reform) Act 2023, will cease to apply to the UK statute book after the end of 2023." The Equality Act has now been…
