Archived Legal Articles from 2012


Reduction in Redundancy Notice Period Welcomed


Employment Law Solicitors at Forbes are welcoming a change to the redundancy notice period as it will save local employers both time and money. In an announcement today it has been confirmed that the period of notice, which employers must give to their employees (where more than 100 or more employees…

Beware Parental Child Abduction Over Christmas


Forbes Solicitors is advising separated families to make sure Christmas holiday plans are firmly agreed to avoid any problems. This comes as the Foreign Office has reported an 88% increase in the number of cases where a British child has been abducted by a parent and taken overseas in the past decade.…

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Four Solicitors Qualify At Forbes


Forbes Solicitors is pleased to announce four Trainee Solicitors have now fully qualified after completing their two year training contracts with the firm. Liam McArdle joins the Commercial Property team and Kerry Grieve joins the Crime team, both based in Blackburn. Nigel McCloy and Hannah Brierley…

Seamless Offering From Forbes' Housing Team


Forbes' Housing Team is now able to offer a seamless service from the outset to conclusion of a case after two Solicitors gained their Higher Rights of Audience Advocacy qualifications. The qualification means that Lucie Cocker and Lachlan McLean are more cost-efficient advocates as they offer a…

"Not every misfortune occurring on school premises attracts compensation"


Richards v Bromley London Borough Council (2012) The Court of Appeal recently gave judgment in a case involving a 15 year old girl who was injured in February 2007 when she was struck on the back of the heel by one of a pair of swing doors which had a self-closing mechanism. The Claimant was passing…

The Big Questions


Forbes Solicitors is sponsoring Lancashire Business View's new feature - The Big Questions. The feature will ask the big questions and search for some big answers. As the feature progresses, assumptions about work and business will be challenged. In the Nov/Dec 2012 edition the Big Question is - Does…

Trainees Give Forbes Top Review


Forbes Solicitors has received 5 awards from a guide to the leading law firms based on views of past and current employees. Lex 100, The Student Guide to Law conducted a recent survey and based on the views of past and current Trainee Solicitors, Forbes was awarded medals in 5 categories: ·…

Forbes Named Law Firm Of The Year


Forbes Solicitors triumphed at the Lancashire Business Awards to walk away as Law Firm of the Year. The sold out awards ceremony, organised by business lobbying group Downtown Lancashire in Business, was held at Stanley House Hotel. The award winners were decided through a combination of votes from…

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Consumers in the Sticks - Santa Stop Here!


As the Christmas season approaches consumers are once again trawling the internet in search for Christmas bargains and those must-have presents. Ahead of the festive season the OFT has been sweeping the internet itself searching for breaches of the Distance Selling Regulations and other consumer…

Covert Surveillance Watched More Closely (Changes to RIPA 2000)


On 1st November 2012, changes will come into force regarding Local Authorities' use of covert surveillance under the Regulation of Investigatory Powers Act 2000 (RIPA). Sections 37 and 38 of the Protection of Freedoms Act 2012 will introduce amendments to RIPA, and a major change that this brings is the…

Delaying the Not-So-Inevitable


Case Report: Southend-on-Sea BC v Armour, High Court (unreported), 18/10/2012 Adjournments are a common source of frustration for social landlords. They often cause additional suffering to the neighbours of anti social tenants, as well as escalating legal costs. The High Court has now confirmed that…

Floodgates Opened On Equal Pay?


Forbes Solicitors is warning that a decision reached today in the Supreme Court regarding equal pay could have wide reaching implications for local employers, particularly those in the public sector. The Supreme Court ruled that employees can bring a claim for equal pay in the High Court as opposed to…

Client Recognition Boosts Recommendations


Forbes Solicitors' Legal 500 rankings this year received a boost due to outstanding feedback and testimonials from clients. The firm was again ranked in 13 categories and moved up a tier in both Corporate and Commercial and Social Housing as a direct result from the comments of clients. Forbes…

Take advantage of Wills Week this November and support St Catherine's Hospice


St Catherine's Hospice and Forbes Solicitors are joining together this November to highlight the importance of writing a will. The hospice's second annual Wills Week runs from November 12 to 18, when Forbes Solicitors will waive their usual will-writing fee, and instead ask people to make a donation to…

Bromley Becomes BYZ Board Member


Adam Bromley, Commercial Property Partner at Forbes Solicitors, has been appointed to the board of Blackburn Youth Zone . Forbes is a Patron of Blackburn Youth Zone, a state of the art facility to turn around the opportunities and options available to young people within Blackburn. The facility…

Inherited Property on Divorce


If you are divorcing and you or your spouse have inherited assets, those inherited assets are definitely a factor which must be considered in any financial settlement. The Court will not ignore the existence of the inheritance, but can decide to give more of the other matrimonial assets to the…

Worried about Paying for Care?


Many people are worried about needing care in the future and how the cost of that care might be met. Whilst it can be a frightening and daunting prospect, forward planning will put you in a better position and allow you to make informed decisions. There is a fear that if you need care all your assets,…

Trainee Solicitors Beat Strong Competition At Forbes


Four new Trainee Solicitors have recently been welcomed to Forbes Solicitors, beating off competition from over 300 other applicants. Marlon Ellis, Gareth Pickup, Lauren Smith and Jennifer Baines will be embarking on a two-year training contract with Forbes, who has offices throughout Lancashire,…

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Forbes Runs Preston During Guild Year


Forbes Solicitors is again sponsoring Run Preston, the city's annual running event. The event will see over 1,500 competitors take part while hundreds of spectators gather to watch. As it is Preston Guild over 50 members of staff from Forbes are getting involved and will be competing. The 10k…

Jane Joins Solicitors For The Elderly


A Solicitor at Forbes Solicitors has been recognised as a specialist in providing legal advice for older and vulnerable people, their families and carers. Jane Flaherty, a Solicitor in the Forbes' Wills, Probate, Tax and Trusts Department has been accepted as a member of the national association '…

No Liability For School Or Teacher For Girl's Death On School Trip


This case centres around a school girl who was on a school trip on Dartmoor. She was part of a team of children who were training for the Ten Tors Challenge. In March 2007, a training weekend was arranged on Dartmoor and the girl attended this weekend. The group was carrying out an unaccompanied walk…

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Forbes To Take Local Businesses To Tribunal


Forbes Solicitors are inviting local business to attend a Mock Tribunal to see what can happen if your business fails to follow rules and regulations. The Forbes' Employment Team is hosting an Employment Law update and Mock Tribunal to guide employers through the latest changes in employment…

Banks Give Landlords The Cold Shoulder On Service Charges


The 2012 Olympics are already a fading memory, but this summer has seen another kind of hurdles being erected. Rather than the 110-metre long lines of barriers which international athletes have been leaping over to claim gold medals, banks are increasingly requiring landlords of leasehold properties to…

Greg Elected President Of Preston Law Society


A Partner in Preston law firm Forbes Solicitors has been elected President of the Preston Law Society. Greg Earnshaw has followed in the footsteps of several of his colleagues by taking on the prestigious role. The Preston Law Society has a long and proud history being one of the oldest local Law…

Guild Week Special Offer From Forbes Solicitors


Guild sponsor Forbes Solicitors is offering a discount to the people of Preston as they enjoy the historic celebration in the City. Those with a PR1-PR5 postcode who make a Will with Forbes Solicitors between 3rd and 7th September will receive £50 off. Ian Howard, Head of the Wills, Probate,…

"The Claimant Has Come To Court To Lie"


Mustafa v Salford City Council - 15 August 2012 DJ Obodai (Manchester County Court) Forbes recently successfully defended Salford City Council in a claim for personal injury following an alleged trip on the highway. The Claimant alleged that he tripped on a piece of protruding metal work, believed to…

Co-op System Had 'Bean' Reasonable


Latimer v Co-operative Group - 8 August 2012 DDJ Jolley (Salisbury County Court) Forbes recently successfully defended the Co-op in a claim for personal injury following an alleged slip in one of its stores. The Claimant alleged that she sustained injury following a slip on a green bean in the Coop…

Specialist Membership For Family Solicitor


A Solicitor at Forbes is now a member of the Family Law Advanced Accreditation Scheme. Sarah Moore demonstrated that she has and will maintain a high level of knowledge, skills, experience and practice in selected, specialist areas of family law to gain the accreditation. Sarah is a Solicitor…

Hannon v Hillingdon


What constitutes the structure of a house? The implied requirement for landlords to "keep in repair the structure and exterior" of a property, as implied by s.11 of the Landlord and Tenant Act 1985, has been subject to much conjecture. Recently the case of Grand v Gill (2011) established…

Claim Back Care Home Fees Warning


Local law firm Forbes Solicitors has issued a warning for people to claim back care home fees if they think they or a family member have been incorrectly assessed. Nearly 100,000 people in the UK who qualify for NHS continuing care but have been incorrectly assessed or had the funding unlawfully…

Expertise STEPs Up For Forbes' Wills Team


The Wills, Probate, Tax and Trusts Team at Forbes Solicitors now has four Solicitors who are recognised as the most experienced and senior individuals in the field of trusts and estates. Ian Howard recently completed his STEP (Society of Trust and Estate Practitioners) Diploma. Ian completed the…

Planning For Later Life - Spare A Thought For Welfare


When planning for later life we should spare a thought for welfare. A recently published report suggests a third of acutely ill patients in hospital are not getting the best care and may be subjected to resuscitation attempts that prevent them dying with dignity. With that in mind the steps below set…

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Family Fixed Fee Certainty at Forbes


Forbes Solicitors has launched a service to take the financial uncertainty out of divorce and family breakdown in advance of legal funding cuts which are due to hit families under Government changes. Forbes Fixed Fee Family Service gives those going through a divorce or family breakdown, the…

School Pupil Struck By Golf Club During Lesson


Hammersley-Gonsalves (A Child) v Redcar & Cleveland BC (13/7/12) The Court of Appeal recently handed down its judgment in a claim whereby a pupil aged 12 had been struck by another pupil with his club and suffered facial injuries at the start of a golf lesson at school. There had been a finding of…

Fees To Be Introduced In The Employment Tribunal


An Employment Solicitor is warning that the introduction of fees in the Employment Tribunal will not have the wide reaching effect that the Ministry of Justice is hoping for. The consultation on the introduction of fees in Employment Tribunals has been published by the MoJ and is an apparent attempt…

SMEs Waste 130 Hours Each Year Chasing Payments


The cost of chasing late payments including unpaid invoices and overdue accounts to SMEs has been revealed as a staggering 130 hours by a recent survey. In addition these valuable hours wasted means a loss of business productivity. This can have serious adverse effects on the company's cash-flow and…

Greg Is Best In Country


A specialist Will Solicitor at Forbes Solicitors has been recognised at an award ceremony as one of the best in the country after gaining top marks in a recent exam. Gregory Poole, who is part of the Wills, Probate, Tax and Trusts Department, was awarded Will Preparation Certificate Student of the…

Should We Plan For Our Future Care Needs?


There is no way of knowing whether we will need care when we are older but if we do, particularly residential care, there are cost implications that can affect the whole family. Most people fear that if care becomes necessary, their assets, including the family home, will be depleted. This can…

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Symphony Success For Forbes Solicitors


Forbes Solicitors has been appointed to the legal panel of Symphony Housing Group. Forbes will now provide general legal advice along with advising on specific areas of Asset Management, Housing Management, Leasehold Services and General for the Group which provide 39,000 homes across the North West…

Guidance given on sentences for breach of ASB Injunctions


Amicus Horizon v James Thornley (Court of Appeal, 30 May 2012) The Court of Appeal has provided some long awaited clarity regarding the approach to be taken when sentencing defendants who breach anti social behaviour injunctions. The Court stated that the Sentencing Guidelines Council's guidance…

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New Head Of Family For Forbes Solicitors


Helen Shirbon has been appointed Head of the Family Department at Forbes Solicitors. Helen has been with Forbes since 1998 and has been Head of the Family Department at the firm's Chorley office since 2003. She takes over as Head of Family from David Parkinson who is stepping down from the…

New Case On Trees


In 2003 the owners of a property, 147 Hamilton Terrace, St Johns Wood London, noted that there were cracks appearing, and investigations suggested that the cause was the action of the roots of a 'false acacia' tree situated within the boundaries of number 145. The properties are in a conservation area…

Queen's Diamond Jubilee - Royal Treatment For Employees


The Diamond Jubilee Celebrations are nearly upon us. As the party preparations begin and the bunting is hung, Forbes Solicitors is warning local employers to be prepared. Just like the Royal Wedding last year, the 5th June this year will be an additional bank holiday to allow for a national celebration…

Damaged Boat Claim Sunk By Forbes


James and Davis -v- Conwy County Borough Council Conwy and Colwyn County Court - District Judge Jones-Evans Forbes successfully defended Conwy County Borough Council in a claim for damages when a boat's mooring failed to keep it in situ and the vessel floated downstream colliding with a number of…

Manual Handling Guidance For Employers Set Out By The Appeal Courts


Ali Ghaith v Indesit Co UK Ltd (2012) The Court of Appeal on the 17th May 2012 delivered its judgment in an appeal relating to a manual handling claim where there had been no suitable or sufficient assessment by the employer of the relevant risk of injury to the employee who was carrying out a stock…

Is the riot-induced amendment doomed to fail


The formal summary of responses to the consultation entitled 'A new mandatory power of possession for anti-social behaviour' is due to be released soon - so it seems appropriate to consider what this is likely to contain. This article will concentrate on the riot-induced amendment - to extend the…

Write It Down To Avoid Conflict


Shareholders' Agreements advisable for Family Businesses The basic documents to set up a company include little or nothing to deal with the relationships between owners. What happens in the event of a dispute between owners or the situation where one shareholder wants to give up his or her…

Divorce And Business Assets


I am getting married later in the year but am slightly concerned about what would happen to my business if anything was to go wrong, would my spouse be entitled to half of the business even thought they will have had no involvement at all? It is unlikely that you would be thinking about your…

Housing Benefit Changes In 2013


From 1 April 2013 housing benefit for working-age social housing tenants is due to be assessed in accordance with the new house size criteria. Any household assessed to be under-occupying their home will have a percentage of housing benefit deducted with 14% of housing benefit deducted for one spare…

DIY Probate


The death of a relative or close friend can be one of life's most upsetting and stressful events. Whilst it is possible for the Personal Representatives (referred to as Executors where there is a Will and Administrators where there is no Will) to apply for probate and administer an estate without…

Promotions for Forbes


Forbes Solicitors is pleased to announce the appointment of two new Partners and a new Associate as part of its continued growth. Adam Bromley has been promoted to Partner within the Commercial Property department based in Blackburn. He has been with the firm since 2002 and advises on all aspects of…

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Forbes Recognised For Quality Again


The quality of Forbes' Conveyancing department has been recognised by The Law Society. Forbes is now part of The Law Society's Conveyancing Quality Scheme which is recognised as the mark of excellence for the home buying process. To become a member of the scheme Forbes completed a rigorous and…

Update: Compulsory Retirement - A New Beginning?


The Supreme Court has handed down important judgments in the eagerly anticipated cases of Homer v Chief Constable of West Yorkshire Police and Seldon v Clarkson Wright and Jakes. Both of which focus upon the interpretation of a rule that allows employers to justify age discrimination if they can prove…

Kathleen Berry -v- City West Housing Trust


District Judge Neaves - 8 March 2012 Forbes successfully defended City West Housing Trust at a trial at Manchester County Court in a claim for damages being brought as a result of flooding of the property of one of their tenants caused by the ingress of water from the property next door. The Claimant…

Court Roots For Salford In Dispute


Thomas Michael McManus -v-Salford City Council (1); Punch Partnerships Ltd (2) His Honour Judge Stephen Davies - 16 January 2012 Forbes represented Salford City Council in a trial on preliminary issues in the Technology and Construction Court at Manchester County Court for a claim for tree-root…

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No Fuel At The Pumps - No Staff In The Office?


Forecourts across the country have been gridlocked, and petrol stations running dry, following ministers' recommendations that motorists fill their fuel tanks up with the ominous threat of strikes by tanker drivers hanging over the UK. But what are the employment implications for stranded employees and…

Growth for Forbes Family Team


Forbes Solicitors is pleased to announce further expansion of the Family Law Team at its Chorley office with the appointment of Solicitor Imrana Masters. Imrana is a member of the family law panel Resolution which supports a constructive, non-confrontational approach to family law matters. She will…

Big Brother Google?


Today Google implements a new privacy policy. The new policy allows Google to cross reference personal data from users' emails, YouTube videos watched and searches made thus building a detailed profile of users. Laws brought into effect in May 2011 require website operators to ensure they have users "…

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Witnesses key in salad slip


James v Co-operative Group - 27 February 2011 Recorder Stead (Weymouth County Court) Forbes successfully defended a claim for the Co-operative Group Ltd in respect of an accident in its store premises in Weymouth on New Years Eve, 2007. The Claimant sustained injury when he slipped on potato salad on…

Costs Lawyer Success For Karen


Forbes Solicitors is pleased to congratulate Karen Holt who has recently qualified as a Costs Lawyer with the firm. Karen, who is based at the firm's Gothic House office in Accrington, is now qualified to draft detailed bills, replies to Points of Dispute and conduct Costs Litigation and Advocacy.…

Expansion For Forbes' Insurance Team


Forbes Solicitors' Insurance team has expanded following the appointment of Solicitor Francesca Garvey. Francesca, who has joined the team based at Leeds, has over eight years' experience in Defendant Personal Injury work. Siobhan Hardy, Managing Partner at the Leeds office commented, "I am pleased…

Gill Joins Children Law Accreditation Scheme


Associate Solicitor at Forbes, Gill Carr has become a member of the Children Law Accreditation Scheme. To become a member of the scheme members have to show, to the satisfaction of the Law Society, that they have and will maintain a high level of knowledge, skill, experience and practice in the area of…

Growth for Forbes' Family Team


Forbes Solicitors' Family team has expanded following the appointment of Solicitor Sarah Trippier. Sarah has joined the team based at the firm's Preston office and has over seven years' experience in Family Law. Sarah commented on her appointment, "I am delighted to be joining…

Zeeshan Ditta Mahmood v Calderdale MBC - HHJ Cockroft - January 2012


Forbes Insurance Department represented Calderdale MBC in a tripping claim brought by Zeeshan Ditta Mahmood. It was alleged by Mahmood that he had tripped as a result of a raised flagstone created by the removal of a tree from a tree pit. The Council admitted a breach of duty but required Mahmood to…

Dealmaker Double for Forbes


The Business Law team at Forbes Solicitors scooped two awards at last night's Insider Lancashire Dealmakers Awards. Daniel Milnes, Partner and Head of Business Law, was awarded the Flat Cap Award which recognises the Dealmaker in Lancashire who conducts themselves with humour, wit and warmth - all true…

Kashif Mohammed v Calderdale MBC - HHJ Cockroft - January 2012


Forbes Insurance Department represented Calderdale MBC in a tripping claim brought by Kashif Mohammed who alleged that he had tripped as a result of a raised paving stone. A breach of duty was conceded but he was put to strict proof that the accident occurred as alleged. Mohammed's claim formed part…

Children to have stronger rights to see both parents


Justice Secretary, Ken Clarke, has revealed plans to reform the family justice system so that children whose parents have separated can maintain better contact with the parent who they do not live with. It is reported that one in three children live without their father. The plans propose to change…

Forbes Solicitors Sign Up As A Major Guild Sponsor


Forbes Solicitors has signed up as a major sponsor to Preston Guild 2012. The legal services firm, which has offices across the North West including at the junction of the city's Lancaster Road and Ringway, will back the Guild's giant event TVs, that will be known as the Forbes Solicitors…

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Jo Joins CLAS


Jo Gregory at Forbes Solicitors is amongst the first in the Country to join the Criminal Litigation Accreditation Scheme (CLAS) entitling her to Duty Solicitor status. Jo, who is based at the firm's Preston office, is amongst only a handful of people in the Country to obtain the qualification.…

The Red Rose Business Survey


Downtown Lancashire in Business (DLIB) in association with Forbes Solicitors and Lancashire Business View have announced that they will be launching a new initiative in March that will aim to collate intelligence, data and information that will help to inform the Local Enterprise Partnership and other…

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