Archived Legal Articles from 2007


Promotion in the family


Forbes Solicitors would like to congratulate Gemma Hastewell on her promotion to the position of Legal Clerk within the Family Department at Preston. Gemma, of Leyland, has worked within the Family Department for the last year and will be attending Court Hearings, drafting various correspondence…

HIPs for All in Two Weeks


Conveyancing specialist Michelle Spensley at Forbes Solicitors advises that from 14 December 2007 ALL properties put on the market in England and Wales will require a Home Information Pack (HIP) and Energy Performance Certificate (EPC). Currently, only three bedroom and larger properties are required to…

It's what they would have wanted


There is a growing trend for families and friends to argue over their inheritance which has seen many more disputed wills claims being taken to Court (Known as Contentious Probate). Some have been highly reported in the media from multi billion dollar actions in America such as the Anna Nicole Smith…

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Four new trainees join leading law firm


Four new trainee solicitors have been welcomed into leading North West law firm Forbes Solicitors. Jenny Martin 22 from Blackburn, Hannah Moody 23 from Clitheroe, Philip Harding 22 from Fleetwood and Amy Stokes 24 from Read all completed their Legal Practice Course before joining the firm which now…

A day at the races proved to be a winner for Forbes and Children in Need


The day kicked off with champagne cocktails (non-alcoholic) and canapés as guests overlooked the paddocks from the pavilions, otherwise known as Forbes Solicitors' boardroom in Blackburn. An action packed, exciting day followed with various competitions to raise money for Children in Need. A buzzing…

Stress, Harassment & Disability - Health & Safety Issues?


Most employers are aware of their duties and responsibilities for health and safety in the workplace as far as the prevention of accidents and physical injury is concerned. How many employers though consider their duties fully in respect of mental injury or incapacity? The health and safety obligations…

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Why asbestos is so damaging to health


Asbestos related disease is caused by the inhaling of asbestos. It is known to be responsible for more occupational related deaths than any other cause. In the UK alone, 1800 people die each year from mesolthelioma, and Doctors believe the figures have yet to peak. It is anticipated that deaths from…

Agency Payouts


Commercial agents have received legal protection for some time now by virtue of the Commercial Agents (Council Directive) Regulations 1993 (the "Regulations"). In general terms, the Regulations apply to any self-employed agent who has continuing authority to negotiate the sale of goods on behalf of the…

From ASBI to an ASBO: A better way to deal with persistent offenders?


Salford City Council v Darren Filer (unreported) 24 September 2007, Salford County Court HHJ RAYNOR QC By now most if not all social housing landlords will know about their powers to apply for an Antisocial Behaviour Injunction ("ASBI") under s.153A-D Housing Act 1996 against those whose anti…

Anti-social behaviour and maladministration


Local Authorities and Housing Associations should be aware of the findings of the Ombudsman in relation to a complaint made by a resident over Sandwell Metropolitan Borough Council's handling of incidents of anti-social behaviour. The complainants made their complaint over the manner in which the…

Bring Me Your Claims (even the boring ones!)


Did you see the report recently that Noel Edmonds had contracted repetitive strain injury as a result of lifting the heavy bakelite telephone on his popular T.V. Game Show "Deal - No Deal"? As well as making my day this got me thinking about some of the more unusual personal injury claims I have…

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Viewing highly recommended


There has been much publicity recently regarding the launch of the controversial Home Information Packs (HIPs) by the Government. Their implementation was delayed and, when introduced, was a significantly watered down version of what the Government had initially envisaged. So, what exactly are HIPs…

The use of social networking sites


The recent dismissal of an Argos employee for his use of the popular website "Facebook" highlights the need for both employees and employers to carefully consider the use of the website and others like it. Tom Beech was sacked after setting up a group on the social networking website criticising his…

Danger Lurks in the Shadows


Companies are increasingly making use of non-executive directors and external advisors who are not formally appointed as directors to their board but who act, in effect, as directors of the company. It is not always appreciated by non-executive appointees that where a person acts as a director - in the…

Transfer of "Fresh Prince" domain names to the "REAL" Fresh Prince of Bel Air


A World Intellectual Property Organisation ('WIPO') panellist has ordered the transfer of the domain names, and to the actor and musician Will Smith. Many of you may recall the popular programme the "Fresh Prince of Bel Air", from which the actor Will…

Just in case it ends in tears


It may not be romantic, but when more than 40% of marriages end in divorce (in England and Wales 141,750 couples were divorced in 2005) and when one in five of all men and women seeking to end their marriage have already been through one divorce, it is perhaps not surprising that more and more people…

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Don't gamble on property roulette


Property investment is a growing trend and an increasingly attractive option for people looking for future financial security. You only have to thumb through the television guide to see the considerable number of property development and investment programs advising on how you can become the next…

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Religious Dress


There has been much coverage recently in relation to the wearing of a veil as part of a woman's religious beliefs. Jack Straw's comments certainly caused a great deal of controversy and debate. A recent Tribunal decision in relation to whether a language teacher could wear a veil that concealed her face…

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Professional negligence


It has been busy in the Courts with professional negligence cases recently. None of them were particularly revolutionary they just act as a reminder that such cases can be quite technical. It is not just about proving that the architect, accountant, surveyor, solicitor or other professional person has…

Patent Office Warning: Unofficial Registration Services


The Patent Office has issued a warning to trademark and patent proprietors and applicants. It has emerged that there are numerous "unofficial" organisations using names, abbreviations or emblems that make them appear "official". The organisations invite proprietors to register trade marks and patents in…

Major company law change is focus of seminar


The hotly anticipated Companies Act 2006 has recently been approved by parliament. It aims to simplify and update company law to fulfil modern business requirements and will influence every aspect of corporate practice. Experts from the specialist commercial teams at Forbes Solicitors have joined…

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Forbes Solicitors act on multi-million factory swap


Forbes Solicitors acted for Kepak UK Limited on the sale of business assets at their Bamber Bridge site. The value of the deal is subject to confidentiality provisions and was an exchange of factory premises between the Kepak Group and the Dunbia Group. Kepak Group acquired Dunbia's Irish abattoir…

Without Prejudice - Be Safe, Not Sorry


People who are used to negotiations of the more adversarial sort will be familiar with receiving correspondence marked 'without prejudice'. This is shorthand for denying the recipient the right to use the contents of the correspondence as evidence in court. The use of 'without prejudice' is a…

Protecting your business - Managing Key Personnel seminar


Key personnel can be your greatest asset but what happens when things become less than harmonious? Not all relationships last the full term and serious damage can be caused to your business if key personnel decide to set up in competition or move to one of your closest competitors. Experts from the…

Expansion to Employment team at Forbes Solicitors


Forbes Solicitors has appointed Solicitor Ruth Coffey in an expansion to their employment team. Ruth has wide ranging experience in employment law having previously worked with trade unions and their members as well as employer business clients. Disability discrimination is an area in which she…

Nugent scores school visit success thanks to Forbes Solicitors


David Nugent may have left school years ago but he was recently back visiting St Gregory's Primary School on Blackpool Road, Preston to hand out 50 tickets as part of his player sponsorship by Forbes Solicitors. Nugent arrived to a school full of eagerly awaiting pupils, most of them PNE fans,…

DTI sets dates for company law shake up


The hotly anticipated implementation timetable for the Companies Act 2006, the biggest Act in English legal history, has just been published. In November 2006 the Act received royal assent after years of reviews, reports and white papers. The responsible minister at the DTI has recently stated "We…

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Blackburn Incorporated Law Associations Annual Dinner


Michael Blacklidge, Partner at local law firm Forbes Solicitors, recently hosted the Blackburn Incorporated Law Associations Annual Dinner in his capacity as President of the association. The Association represents solicitors from Blackburn, Darwen, Hyndburn and the Ribble Valley. The official…

DTI sets dates for company law shake up


North-west law firm Forbes Solicitors advises that the hotly anticipated implementation timetable for the Companies Act 2006, the biggest Act in English legal history, has just been published. In November 2006 the Act received royal assent after years of reviews, reports and white papers. The…

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Preparing for the Smoking Ban


Legislation enacted under the Health Act 2006 will ban smoking in most enclosed workplaces and public places in England with effect from 1 July 2007. The ban also extends to work vehicles not used exclusively by one person. Whether starting from scratch in introducing a ban on smoking in the workplace…

"…happily ever after?"


Divorce happens to at least one in three of all married couples. In 1961 there were 27,000 divorces. Twenty years later that figure had grown by over 600%. Sadly therefore, no matter how convinced we all are when we enter a marriage that ours will be the one to last, statistics show this is probably not…

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Forbes adds to Family team


The specialist Family Solicitors team at North West law firm Forbes Solicitors has recently been joined by Solicitor Sarah Hinde . Forbes, which has offices in Accrington, Blackburn, Preston, Chorley, Manchester and Leeds, recently won praise for…

Your Children - Your Responsibility


If your relationship with your partner breaks down your first consideration will be your children, but do you know where you will stand legally? Which of you will have responsibility for those children? Parental Responsibility gives equal status to both parents. The Children Act 1989 defines Parental…

Increase in annual leave entitlement


The DTI has announced that the minimum holiday entitlement under the Working Time Regulations 1998 will be increased from 20 to 28 days per annum advises Forbes Solicitors. At present, some employers allow their staff to have the 20 days annual leave in accordance with the regulations. However, this…

Child Support Agency in Meltdown?


This and phrases of a similar nature have become synonymous with the Child Support Agency. Much has been reported of the difficulties often encountered by parents involved with the Child Support Agency from the parent with care unable to secure regular maintenance payments and enforce arrears, to the…

To have and To Hold


Some practical considerations with co-ownership of property People co-own property for all sorts of reasons from the traditional couples living together to the more recent, such as brothers and sisters buying together to get on the property ladder, the growth of amateur property development and buying…

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