Archived Legal Articles from 2019

February

Forbes Appoints Katy Parkinson To Commercial Employment Team

18/02/19

Leading legal firm Forbes Solicitors has appointed Katy Parkinson as a Solicitor in its Commercial Employment team. Katy, who is based at Oak House, Walton Summit, qualified in 2015, having worked in the legal sector as a paralegal and then as a trainee solicitor since 2009. She advises…

Claim Derailed By Compelling Statistics

15/02/19

Shaughnessy v Adrenalin Zone Ltd The Claimant brought a claim following an accident on an amusement attraction. The attraction in question offers riders the thrill of skydiving and hang gliding. Participants wear a full body flight suit that supports the flyer in a prone position. The flight suit…

Judge Reminds Claimant that we do not live in a Perfect World

15/02/19

Allinson -v- East Riding of Yorkshire Council An elderly Claimant alleged that on 7th October 2014 she tripped over a sunken gulley in the pavement and sustained an injury. Following the accident, the Claimant's husband took photographs of the highway but unfortunately took photographs of…

Victim of Libel Tweet Receives Compensation of £40,000

15/02/19

A man has received £40,000 in damages after bringing a libel claim against the former Chairman of the UKIP Bristol branch following the publication of a Tweet during the 2015 general election campaign. In May 2015, a Tweet was posted by UKIP's Bristol branch consisting of a photograph of…

Bullying - School Defends Pupil Negligence Claim

15/02/19

Forbes has defended two unusual claims on behalf of a local authority. Two former pupils of a primary school brought a claim against the local authority alleging that they had sustained psychological and minor physical injuries as a result of being bullied by another child. It was specifically…

Are you ready for the Homes (Fitness for Human Habitation) Act 2018?

15/02/19

The Homes (Fitness for Human Habitation) Act 2018 ("the Act") comes into force on 20th March 2019. The Act will enable tenants to pursue claims relating to substandard housing conditions. Currently, there are no provisions requiring landlords to ensure that their properties are fit for human…

Post-Implementation Review of LASPO - Civil Litigation Funding and Costs

15/02/19

The Ministry of Justice has published its long awaited review of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). Part 2 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) assesses the impact of five statutory reforms implemented following Sir Rupert…

What can SME's do to prepare for Brexit?

15/02/19

With the Brexit deadline imminently approaching, how can you prepare your business for Brexit? This is a challenge facing every SME based in the UK that either sells internationally, has an international supply chain or relies on international workforce. SME's employ over 15 million people and…

A Vision for Social Housing - Report

05/02/19

This month saw the release of 'A Vision for Social Housing', a report written by Shelter's Social Housing Commission. The report highlights a number of recommendations, one of which is that 3.1 million new social homes should be built in the next 20 years to help solve the housing…

Watch This Space - Changes on the Horizon in 2019

04/02/19

While Brexit currently dominates the majority of our discussions, updates and most frequently, the news, there will be a number of Employment Law developments for businesses to watch out for over the next 12 months. Post-Brexit Immigration rule changes Once the UK leaves the EU free…

'Alexa, Buy More Stuff' - Why Convenience Cannot Trump Consumer Law

04/02/19

Consumer habits are changing. That should be obvious to even the most casual observer. High Street footfall and takings continue to decline, whilst the internet boom shows no sign of giving up any ground. More recently, the advent of smart technology has opened up entirely new avenues for consumers…

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January

Is a dedicated Housing Court the solution to our problems?

31/01/19

The Government has recently consulted on the proposal to introduce a specialist housing court to try to tackle the problems frequently experienced by landlords and tenants bringing legal claims: delays, adjournments, lack of technical legal and procedural understanding, increasing numbers of litigants…

Property Guardians - A Legal Update

31/01/19

Property guardianship is an arrangement by which people are granted accommodation within a property at a below market rent in exchange for keeping the property under observation and in good condition. The guardian's continued occupation provides a disincentive for the property to be occupied by…

Fracking - What's the big deal?

31/01/19

Although relatively new on the scene, fracking has recently hit more news headlines and is unlikely to stop in the near future. The fracking site on the Fylde Coast in Lancashire near Blackpool has recently had a great deal of publicity, mostly negative, which includes reports of mini earthquakes…

D-Day for Disney

25/01/19

With 2019 well under way, some people may have already taken the opportunity to enjoy the many literary and artistic works that have lost their copyright protection as of 1 January, otherwise known in the legal world as 'domain day'. Typically, UK copyright protection lasts for 70 years…

Grenfell Tower 18 months on; where are we now?

24/01/19

It is now approaching 18 months since the terrible tragedy that took the lives of 72 Grenfell Tower residents on 14 June 2017. So where are we up to with the fallout, and what happens next? The press and public were quick to criticise. In the months following the incident, numerous companies and…

Sue/Do Not Sue - Bandersnatch's Toughest Challenge Yet

23/01/19

Ever since its launch in the last days of 2018, hundreds of thousands of television fans have been hooked on the phenomenon created by 'Bandersnatch', the latest episode of hit TV show 'Black Mirror'. For those somehow unaware, 'Bandersnatch' deviates from the standard…

Forbes Solicitors Expands Manchester Operation

23/01/19

Leading law firm Forbes Solicitors has expanded its Employment team in to Manchester city centre. The move coincides with Partner Emma Swan being appointed as Head of Commercial Employment and Partner Ruth Rule-Mullen being appointed as Head of Public Sector Employment, to oversee the Team's…

Having a "Fit for Purpose" Clause that is, Well....

23/01/19

To the outside world, lawyers are often accused of focussing on some of a contract's finer details and seemingly small points but the recent case of Williams Tarr v Anthony Roylance has demonstrated how a company's fortune can change on a simple turn of phrase or absence of a clear obligation…

Caution - Man who walks into a Sign Loses Claim

22/01/19

Mark Birkett v Calderdale Metropolitan Borough Council Bradford CC - A man who walked into a street sign has lost his claim for personal injury against the local authority. The Claimant alleged that he had been walking along a pavement when he hit his head and arm on a brown tourist road…

Court rebuffs Property Damage Claim

22/01/19

In January 2018 at approximately 9.30pm, the Claimant was driving along the road in heavy rain when the front drivers' side of his vehicle collided with a pothole. The Claimant continued home and upon examination of his vehicle realised that the front tyre of his vehicle had sustained damage. He…

Regulatory update - Jan 2019

22/01/19

Healthcare company fined following fatal minibus accident In March 2014, a vulnerable patient was being transported home in a minibus following a GP appointment. The minibus was travelling along the A52 at speed when the patient opened the door and leapt out. She was fatally injured. Elysium…

Council is the First to Prosecute House Owner over Japanese Knotweed

22/01/19

A Bristol property owner has been fined for allowing the spread of Japanese knotweed. It is reported that this is the first time the Anti-Social Behaviour, Crime and Policing Act 2014 has been used in this way. In 2017, Bristol City Council served the property owner with a community protection…

2019 - It's not all about Brexit!

22/01/19

Last year was certainly another eventful year for insurers and defendants; and whilst Brexit looks set to be high on the agenda in 2019, we consider what other developments we are likely to see in the year ahead. Civil Liability Act 2018 At the end of 2018, the much-anticipated Civil Liability…

Forbes Solicitors Raises More Than £2,000 For Breast Cancer Now

21/01/19

Forbes Solicitors have raised more than £2,000 to help with the fight against breast cancer. Colleagues joined together to support Breast Cancer Now's Wear It Pink initiative during Breast Cancer Awareness Month. From Halloween fancy dress, quizzes and raffles to running a soup kitchen,…

Employee, worker or self-employed?

17/01/19

It is common in the construction industry for a company to engage individuals to provide services on its behalf to an end client. Whilst the company may want the client to view these individuals as part of their company, it is also common for the company to argue that the individuals are self-…

When could works be considered practically complete?

17/01/19

A key part of a development agreement is ensuring clarity on what constitutes the practical completion of a project, and for it to cover what happens with any deviation from the specification of the project. In the recent case of Mears Ltd v Costplan Services (South East) Ltd and others (2018),…

Ignore Covenants at your Peril

17/01/19

Those dealing with the development of land for housing should take note of the recent case of The Alexander Devine Children's Cancer Trust v Millgate Developments Ltd and others [2018] EWCA Civ 2679 (LC), in which the Court of Appeal (CoA) refused to allow the modification of restrictive covenants…

Possession Trial success for Anti-Social Behaviour team

17/01/19

Forbes' ASB team were victorious in the County Court this week with our Housing Association client being granted an outright Possession Order and its legal costs by a High Court Judge, following a fully contested Trial. The Defendant tenant had been causing persistent anti-social behaviour…

Homes (Fitness for Human Habitation) Act 2018

17/01/19

The Homes (Fitness for Human Habitation) Act 2018 will come into force on 20 March 2019 and have the effect of amending sections 8 and 10 of the Landlord and Tenant Act 1985 as well as inserting new sections 9A, 9B and 9C. Here is a brief overview of the Act and the changes that it will make to…

Head teacher fined for breach of DPA

15/01/19

A former head teacher has been fined for unlawfully obtaining children's personal data from previous schools where he worked. According to the ICO, the head teacher had obtained the information from two primary schools where he had previously been employed, and uploaded it to his then current…

Forbes Promotes Lucie Cocker To Partner

14/01/19

Leading North West legal firm Forbes Solicitors has promoted housing specialist Lucie Cocker to the position of Partner. Lucie, who was previously an Associate Solicitor in the firm's Housing and Regeneration team, works with Registered Providers across the country. She has a wealth of…

Why do I need to make a Will?

14/01/19

Recordings in 2018 show that over 60% of people in the UK do not have a valid Will, according to research from Unbiased.co.uk. This is an all-time high (passing the previous peak in 2011) meaning that now over thirty one million UK adults run the risk of dying intestate and having their estate…

The most expensive divorce in history

11/01/19

The world will now see the most expensive divorce in history. The Amazon founder Jeff Bezos and his wife are to divorce after 25 years of marriage. The founder and CEO of US online retail empire Amazon is the world's richest man, worth $137bn (£107bn). Mr Bezos has claimed in his Twitter…

Now this is a story all about how... IP got twisted upside down

10/01/19

We are all familiar with the popular American sitcom 'The Fresh Prince of Bel-Air,' a show that infected the 90's around the world. Yet recent events are scheduled to unleash a 'can of worms' for America's intellectual property law and potentially further afield. Fresh…

Divorced women over 50 left behind with pension value by £100,000

09/01/19

Divorced women over 50 end up with pensions worth £100,000 less than their ex partners The press has recently reported that divorced women over 50 end up with pensions worth £100,000 less than their ex-partners. This is very worrying, but unfortunately this is something that is often…

Forbes Offers Free Consultations Over Business Banking Switch

04/01/19

North West companies are being offered free help and advice by Forbes Solicitors, so that they are aware of the potential benefits and pitfalls of the Royal Bank of Scotland Business Banking Switch. The Switch, due to be launched on February 25 2019, is aimed at increasing competition in the UK…

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