Archived Legal Articles from 2020

Together we are Forbes

December

Procurement: Post BREXIT

22/12/20

As the end of the transition period fast approaches, the Public Contract Contracts Regulations and Concession Contracts Regulations are being amended to bring them 'onshore' but not repealed. They will remain the law until the government's review reaches a conclusion that changes everything…

Limitation in Commercial Litigation

18/12/20

In light of the current COVID-19 pandemic and the nation going into a second lockdown, it can be easy to forget the time limits in which companies and individuals have to actually physically issue their claim at Court. Due to the current delays in claims being issued at court, it is more important than…

Vacant Possession

18/12/20

The recent High Court case of Capitol Park Leeds v Global Radio Services Limited [2020] EWHC 2750 serves as an important reminder of the potential pitfalls for tenants who must provide vacant possession as a pre-condition to exercising their break option. Facts Global Radio Services Limited…

Extension to Insolvency Measures

18/12/20

The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Extension of the Relevant Period) (No2) Regulations due to come into force on 31 December 2020, further extend the temporary prohibitions on winding up petitions based on statutory demands and the restrictions on winding up petitions and…

How is the cost of non-professional care claimed in a case?

16/12/20

The idea of compensation is to put the injured person back in the position they would have been in, before their injury. The purpose of an award for non-commercial care is 'to enable the voluntary carer to receive proper recompense for his or her services. (Hunt v Fevers 2004 AC). When…

Fire Safety Works - EWS1 Surveys

15/12/20

In August, we published an article on the cost of fire safety works in high rise residential blocks. We commented on the government funding available to support the remediation of unsafe cladding on high rises and discussed whether leaseholders should contribute towards the cost of fire safety works…

FOI style access scheme for social housing tenants

15/12/20

The recently published Social Housing White Paper - The Charter for Social Housing Residents - has put forward new proposals which will allow social housing tenants (or their representatives) of housing associations and other private registered providers to access information relating to the management…

The First Meeting of the Housing Best Practice Partnership Network

15/12/20

After months of consultation and fact-finding, the first ever meeting of the Housing Best Practice Partnership Network for West Yorkshire took place on Wednesday 9th December 2020 . The meeting was introduced by Mr. Mark Burns-Williamson (Police & Crime Commissioner) and chaired by Kate Jowett…

Road Traffic Collision Involving a Foreign Vehicle

15/12/20

The Brexit deadline is looming and vehicles registered outside of the UK will continue to come into the country delivering our goods and carrying holidaymakers and visitors. What happens if you are unfortunate enough to have an accident with one of these vehicles and it wasn't your fault? Most…

When vacant possession is not vacant possession

14/12/20

It is common practice for a commercial lease break clause to require that the tenant gives vacant possession. This usually means the tenant must remove their belongings/equipment and return the property to the landlord in the condition that it was let. But what happens if a tenant takes the phrase &…

EU/ EEA Data Flow: Business Readiness Update

14/12/20

As the end of the transition period fast approaches, businesses must focus on actions required to ensure personal data continues to flow from the EU to the UK. This was the point raised by Secretary of State for Business, Energy & Industrial Strategy Alok Sharma in his weekly Business Readiness…

Covid-19 - Code of Conduct between Landlords and Commercial Tenants

11/12/20

On 1 October 2020, The Department of Enterprise, Trade and Innovation published the Code of Conduct between Landlords and Tenants for Commercial Rents. The Code provides guidance for commercial Landlords and Tenants whose lease arrangements have been negatively impacted by Covid-19 and will remain in…

Role of a School Governor more important than ever

11/12/20

As school's approach the end of the first term back, it is undoubtedly the case that the last 9 months have presented the most challenging circumstances for school leaders and staff; including the need to close at short notice in whole or in part, manage staff absences, re-order classrooms,…

All we want for Christmas is clarity

11/12/20

What are the restrictions this festive period and how might we a manage staff conduct during this time? With the Christmas period looming, employers in the education sector should now have a mind to the ongoing restrictions coronavirus (COVID-19) pandemic restrictions. With Christmas comes…

Step in to Christmas or more likely sliding into it

11/12/20

2020 has been a really tough year for everyone and nowhere can that said to be truer than in the education world. Faced with unprecedented challenges of closing schools and colleges almost completely (except for vulnerable and key worker pupils and students) for a number of months; re-opening and making…

The changing landscape of Equality Policies

11/12/20

The Employment Tribunal has recently rapped the knuckles of Jaguar Land Rover regarding the treatment of a non-binary or 'gender fluid' member of staff, highlighting an important development in discrimination law. In Taylor v Jaguar Land Rover the employee was employed as an engineer for the…

Moratorium on forfeiture.. Further Extension

10/12/20

The Government announced this morning that the moratorium on commercial lease forfeiture, on the grounds of non-payment of rent, will be extended until 31st March 2021 and further confirmed that this will be the "final" extension. The Lease Forfeiture Moratorium currently prevents…

Post Pandemic and Data Protection

09/12/20

As we all look forward to the possibility of less restrictions, a vaccine, some return to normality and return to the office, many of us will continue to work from home. The General Data Protection Regulations (GDPR) continue to focus on recordkeeping and data protection impact assessments,…

COVID and The Duty of Care

08/12/20

The NHS have been through a difficult time over the last few months. Back in March we were standing on our doorsteps supporting them, clapping our hands and banging our pans. Our day-to-day lives have continued to be restricted and we are facing a difficult winter where the NHS will be stretched even…

A focus on Mental Health and the Annual Health & Safety report

04/12/20

The HSE have released their annual report to include health and safety statistics for Great Britain for 2019/2020. The statistics have been compiled with assistance from the Labour Force Survey. The headline figures shows that there were: · 111 fatal injuries at work · 1.6…

Fraud and Forgery - Ball v Sisson

04/12/20

Claims of fraudulent and forged Wills are continuing to increase and the recent case of Ball v Sisson [2020] 1 WLUK 544 saw a claimant successfully argue that his late mother's Will had been forged by his sister in order to gain a share of her mother's estate. Mrs Ball was aged 92 when she…

HSE Roundup for November 2020 - Adequate Training

02/12/20

Each month we review the HSE prosecutions to bring to you cases of interest that might be of relevance to your workplaces. This article focuses on the need for adequate training. We have another on that looks at this month's cases around proper planning of work. Adequate Training There are…

Cheshire Council fined after child falls from height

02/12/20

Cheshire West and Chester Council received a substantial fine after a young child fell almost three metres to the floor from a gap in railings, sustaining serious head injuries. Chester Magistrates' Court heard how on 16 November 2018, a family was visiting Chester City centre to watch the…

HSE Roundup for November 2020 - Proper planning of Work

02/12/20

Each month we review the HSE prosecutions to bring to you cases of interest that might be of relevance to your workplaces. This article focuses on the need for proper planning of work. We also have another focus in this month's cases around adequate training. Proper planning of Work…

CJRS Update 1 December 2020: Holiday Pay

02/12/20

Holiday pay over the festive period You will be aware that furloughed employees continue to accrue leave as per their employment contract. However, please note that businesses can only place employees on furlough in circumstances where coronavirus (COVID-19) is affecting your operations.…

Intellectual Property Considerations for New Ventures

01/12/20

It is undoubted that the recent "lockdown" measures that have been implemented by the UK government have placed significant financial pressures on businesses across all sectors. Despite such and in order to adapt during challenging and everchanging market conditions, over recent months, we…

Forbes secures another Fundamental Dishonesty Finding for Rochdale Council

01/12/20

The Claimant alleged that on Saturday, 7th May 2016 at approximately 7.30am she was making her way to a local newsagent when she fell down inside an open drainage grid. Various accounts referred to her falling into the narrow hole up to her waist, with one account claiming, incredibly, that she went…

Assault by Service User does not lead to liability finding

01/12/20

DB v Wigan Council Judgment 18/11/2020 Before his Honour Judge Bird @ Manchester County Court following a 2-day trial. The Claimant worked for the Council as a carer in a home which looked after young people with a range of disabilities on a respite basis. During a shift when the claimant…

UK ICO Publishes New Guidance on the Right Of Access

01/12/20

On 21 October 2020, the UK Information Commissioner's Office ("ICO") released its updated guidance on the Right of Access under Article 15 of the EU General Data Protection Regulation ("GDPR"). The Right of Access The right of access provides individuals with the…

Inconsistencies in "unimpressive" claimant's evidence - claim dismissed

01/12/20

Forbes acted for a Midlands steel company and at trial successfully defended an alleged slipping claim. The Claimant was employed by the Defendant as a driver. He alleged that on the date of the accident in 2016 he was securing a load of stock and, as a result of oil getting on to his vehicle and…

HSE is checking businesses in the transport sector are COVID-secure

01/12/20

In the run up to the festive period, the Health and Safety Executive (HSE) is working with local authorities to inspect businesses in the transport and logistics industry to ensure they are managing the risk of coronavirus (COVID-19). With the current lockdown restrictions, the demand for online…

Back to top

November

Private Equity - The benefit of this type of funding for private companies

30/11/20

Private Equity (PE) is a form of alternative investment of capital into companies which do not trade on the public exchange. The funding comes from investors (high-net-worth individuals) and firms who invest directly into private companies or acquire control of public companies with the plan to take…

Swamped with Subject Access Requests?

27/11/20

The cancellation of this year's GCSE and A-level exams gave Ofqual an unprecedented challenge in determining how grades should be awarded whilst providing the fairest means of enabling students to move on to further studies or employment. This unprecedented decision by Ofqual meant that…

Public Sector Pay Freeze

27/11/20

Chancellor Rishi Sunak has announced, in what many may see as a brave move given the current stresses on the public sector, that there will be a pay freeze on public sector workers. An expenditure review has been conducted resulting in a pay freeze for civil servants, teachers, police, firefighters,…

Government pushes back against proposed early Christmas closures for schools

26/11/20

A Multi Academy Trust (Focus Trust) announced last week that 15 schools, based in the north west of England and West Yorkshire, would shut on 11 December for the Christmas holidays, due to COVID-19 implications. This announcement was not well received by the government, who refused to allow the…

A Question of Trust

26/11/20

Many people are confused by trusts and think that trusts are just for the very wealthy. In reality, trusts can be a very useful way of providing for your family and protecting assets. What is a Trust? A trust is any arrangement whereby someone (the Settlor) gives money or assets (the Trust…

Share Buybacks - Proceed with caution!

26/11/20

An in-specie contribution is a viable alternative to transferring cash into a pension scheme, and can include assets such as property or shares. Problems can arise where the shares held in the pension scheme are bought back by the company for cash. A private limited company can make use of a…

Survey reveals continued IR35 concerns for UK businesses

26/11/20

HMRC introduced the 'off-payroll working rules', commonly referred to as the 'IR35 rules' in 2000, to tackle situations where some contractors took advantage of the tax efficiencies of providing their services through their limited company or another type of intermediary, when in…

The Importance of Clarity within a Contract

25/11/20

It is becoming increasingly more important to ensure that the terms within a contract are clear and address all the necessary points and provisions. Any areas of uncertainty, no matter how minor, provide opportunity for disputes to arise between the parties. In September 2020, Liverpool FC won a…

The new shared ownership model

25/11/20

Is it a step towards addressing the housing problem or does it create more issues than it is worth? Following the Making Home Ownership Affordable discussion paper in 2019, the government has launched a consultation on the new model to be introduced next spring. The consultation fills in some of…

Signed for Deliveries

20/11/20

Diriye v Bojaj [2020] EWCA Civ 1400 What happened in this case? The Claimant provided a document which was posted at 5.36pm on 4 April 2010 in an attempt to comply with an Unless Order requiring the documents to be served by 4pm on the 4 April 2010. The document was sent using Royal Mail…

New time limits for furlough claims

20/11/20

The Government has changed the deadlines for employers lodging furlough claims with HMRC. Claims from 1 November 2020 must be submitted by 11.59pm 14 calendar days after the month you are claiming for. Claim for furlough days in Claim must be submitted by…

Limitation in Commercial Litigation

19/11/20

In light of the current COVID-19 pandemic and the nation going into a second lockdown, it can be easy to forget the time limits in which companies and individuals have to actually physically issue their claim at Court. Due to the current delays in claims being issued at court, it is more important than…

Undue Influence - Perwaz v Perwaz 2018 UKUT 325 (TCC)

17/11/20

In the case of Perwaz v Perwaz [2018] UKUT 325 (TCC), the Upper Tribunal (Tax and Chancery Chamber) examined the issue of undue influence when a mother alleged her son had abused their relationship of trust and confidence and coerced her into transferring her property to him. The case involved &…

ICO Publishes Detailed Guidance on Criminal Offence Data

17/11/20

Earlier this month, the Information Commissioner's Office (ICO) published detailed guidance discussing the use of criminal offence data in detail. Data Protection Officers and information governance teams should review the latest guidance to ensure RPs meet the obligations set out in the new…

Property still open for business despite Lockdown 2

17/11/20

The government have confirmed the property market can continue despite Lockdown 2. How is the property market fairing during these uncertain times? The Government says - 'You can still move home. People outside your household or support bubble should not help with moving house unless…

The Importance of Policies

17/11/20

CASE UPDATE: The Board of Governors of IQRA Community Primary School (Respondent) Ms F Mansur (Claimant) Background Ms Mansur was a Teaching Assistant at the Respondent school. The Claimants initial claim was direct sex/race discrimination, and unfair dismissal. There were…

A Warning to Water "Re-sellers"

17/11/20

The Royal Borough of Kingston-upon-Thames has lost its appeal to the Court of Appeal over a High Court ruling that it overcharged tenants for water. It is not uncommon for local authority and private registered providers of social housing landlords to enter into agreements with water companies to…

Intellectual Property Work Undertaken by Forbes' Commercial Team

16/11/20

Forbes' Commercial team regularly provide intellectual property services, such as advising on and assisting with trade mark registrations in the UK and beyond, and handling disputes not only where our clients' intellectual property rights are being infringed, but also where our clients are…

Brexit and Divorce?

16/11/20

Although this area of law is still uncertain as the UK government is yet to either secure a deal for the UK or to leave the EU without a deal, it is thought that Brexit may impact divorce where one spouse is living in the EU and one spouse is living in the UK. Currently there are around 3.8 million…

Lockdown 2 - Parent Need To Knows

13/11/20

Lockdown 2 is well underway and understandably, for some parents, this has caused some confusion. To clear things up, here are 6 need to knows for parents, whether you're a new parent or co-parenting during the pandemic: · Babies and toddlers don't count for the outdoor 2 person…

The Importance of School's Policies

12/11/20

Case Update The Board of Governors of IQRA Community Primary School (Respondent) Ms F Mansur (Claimant) Background The Claimant was a Teaching Assistant at the school. The Claimant's initial claim was one of direct discrimination on grounds of sex and race, and unfair dismissal…

New protections for renters - No enforcement until January

11/11/20

On 5th November, the Housing Secretary announced that Tenants will be protected during the current national restrictions with no bailiff enforcement action. This will likely run in to the "winter truce" which starts on the 11 December meaning enforcement will not take place over Christmas…

The dual possession procedure - Recommencing Possessions Part II

11/11/20

A new two-part possession procedure has been introduced by The Master of the Roles which is to ensure a smooth re-start to possession proceedings. What does this mean? A Review Hearing has been introduced, which will be followed on by the Substantive Hearing. These hearings have replaced the…

COVID-19 New National Restrictions: Guidance for Schools

05/11/20

Schools will remain open for the second period of national lockdown. The Government has produced guidance on how the new restrictions impact schools. The main changes include rules on face coverings and clinically extremely vulnerable children and staff. The deadline for introducing the changes is…

£50,000 for cyclist who crashed to avoid a dog

05/11/20

The Times newspaper recently reported on a case where a cyclist had succeeded in a claim against the owner of a dog who had run out in front of him causing him to come off his bicycle. As a result, he suffered a brain haemorrhage after he flew over the handlebars of his bicycle which left Mr…

Negligence & COVID

03/11/20

As we enter into a countrywide lockdown for the 2nd time, the NHS is likely to face significant strain once again. In March and April, as the number of COVID19 cases and deaths were increasing, the number of patients seen face to face in primary care fell sharply. GP's were facing a difficult…

Contract considerations for the end of the Brexit transition period

03/11/20

Since the publication of our earlier article highlighting key aspects of contracts which should be considered in light of the forthcoming end to the Brexit transition period ( https://www.forbessolicitors.co.uk/news/47169/brexit-preparing-for-the-end-of-the-transition-period ), negotiations between the…

Update on impact of COVID-19 on SIPP and SSAS transactions - Q&A

02/11/20

· Give the changing rules and regulations both nationally and locally, can a rent holiday still be agreed with a connected tenant company? As early as March 2020, HMRC announced that they would relax their usual requirements in respect of rent holidays (for an independent valuation…

Parental Alienation in Relationship Breakdowns

02/11/20

Parental alienation has recently been discussed by the Law Society Gazette. It is a process, the result of which is a psychological manipulation of a child into showing unwarranted fear, disrespect or hostility towards a parent. Sadly, this term has been increasingly used in many family law cases…

Back to top

October

Civil Justice Council Launches Review of Pre Action Protocols

29/10/20

The Civil Justice Council (CJC) is conducting a review of all the pre-action protocols (PAPs). The review will look at all aspects of PAPs, including their purpose, whether they are working effectively in practice and whether any reforms are required. The CJC is particularly interested in how PAPs…

Covid-19 - Temperature Screening Employees

29/10/20

As larger proportions of the national workforce have incrementally been returning to the workplace, the issues faced by those industries which have continued to operate during lockdown are coming under greater scrutiny. The most significant of these factors is ensuring that the workplace is COVID-secure…

The continued rise of technology in Manufacturing & Engineering

29/10/20

The pandemic has meant that working practices have already changed and are certain to continue doing so. For example, there may be more frequent overnight installations of new equipment, as this reduces the number of people congregating. For the same reason, modular construction and pre-assembly is…

RTA Portal to go ahead next April

29/10/20

The Ministry of Justice has confirmed that the plan remains for the new RTA portal to go live next April. This is despite concerns that the pandemic may have led to yet further delays. The rules committee met earlier this month to discuss the new rules that will be required. Details of their…

FCA Test Case Update: Effects on the Manufacturer

29/10/20

The COVID-19 pandemic has presented the manufacturing industry with significant operational challenges, as some manufacturers and suppliers have had to close down or scale back operations in response to falling demand and as a result of Government restrictions. The manufacturing sector will most likely…

Massive fine for employer in workplace fatal accident

29/10/20

Leadec Limited, a specialist industrial services company has been fined £2 million and ordered to pay £30,000 costs following a fatal injury to Joseph MacDonald, one of its employees. The company pleaded guilty to breaching section 2(1) of the Health and Safety at Work Act 1974. Mr…

Recoverability of Inquest Costs by a Claimant

28/10/20

In the case of Greater Manchester Fire and Rescue v Veevers [2020] EWHC 2550 (Comm) the court ordered the defendant to pay the claimant's legal costs of attending the inquest into the death of the claimant's son despite a pre action statement that the defendant agreed to compensate the claimant…

Accommodation Costs - the new Formula

28/10/20

The method of calculating the amount of compensation a claimant should be awarded for the extra accommodation costs associated with their injury has long been in contention between claimants and defendants. The difficulty arises when a claimant has a need for more expensive accommodation that can be…

Guideline Hourly Rates under fire

28/10/20

In 2 recent cases the Guideline Hourly Rates used as the basis of assessment of opponents' costs in civil litigation, and set in 2010, have been scrutinised with judges accepting that they are not necessarily appropriate in all cases 10 years on. In Re PLK and others the High Court discussed the…

Compensation Act referred to by Judge in dismissing footballer's claim

28/10/20

Forbes have successfully represented a football club in a claim arising out of an alleged injury to a player when he says that his foot went into a hole in the playing surface. In dismissing the claim the judge referred to the need to consider whether a desirable activity might be prevented or…

Employer not directly, nor vicariously, liable for practical joke

28/10/20

Over recent years the question of what actions of its employees an employer is and is not vicariously liable for has come before the courts on various occasions. The leading case remains Lister v Hesley Hall Ltd from 2001 which set out a 2 stage test including a test of "sufficiently close…

Are you due a refund from the Court for court fees paid to a Claimant?

28/10/20

Her Majesty's Courts and Tribunal Service (HMCTS) launched a refund scheme for overpaid court fees. It includes those fees applicable for stage 3 Part 8 claims that started life in the personal injury claims portal paid up to 30 April 2018. If a claimant has paid such a fee, or a defendant has…

ICO Conducts Compulsory Audit of the DfE

28/10/20

On 7 October 2020, the Information Commissioner's Office (ICO) published the outcome of a compulsory audit of the Department for Education (DfE) earlier in the year. The audit found that data protection was not being prioritised and this affected the DfE's ability to comply with the GDPR and…

Yielding Up- Asbestos Liability in Leases

27/10/20

The recent High Court decision in Pullman Foods Ltd v The Welsh Ministers and another [2020] EWHC 2521 (TCC) (23 September 2020) provided a stark reminder of the potential pitfalls for tenants in relation to yielding up obligations. Pullman Foods Limited ('the Tenant') was the tenant of a…

Debt Recovery: Case Study

26/10/20

Below is an example of a recent Forbes Collect matter in which a debtor refused to make payment initially, and then we went on to make a full recovery for our client including additional interest and costs. Background We were recently instructed by a company who had provided professional…

Debt Recovery: Simplified

26/10/20

The prospect of recovering a debt can be daunting if you are unsure as to what this may entail. Below we offer an overview of the usual stages of debt recovery, from Pre-Litigation to Enforcement. · Pre-Litigation Letter Before Action (LBA) The first step we will take…

What can the placenta tell us about a birth injury claim?

23/10/20

The placenta develops alongside the fetus in pregnancy supplying the fetus with oxygen and nutrients and removing waste. It is responsible for hormone production to support the pregnancy and provides protection against internal infection and transfer of protective antibodies to the baby. It joins the…

Contesting a Will... Do you have a good case?

23/10/20

Will disputes are becoming increasingly common due to changes in social norms, family structures, increase in elderly population, a rise in dementia and Alzheimer's sufferers and the increasing value of estates. Kirsty McNulty is an Associate at Forbes Solicitors specialising in Contentious Trusts…

Job Support Scheme Update 22 October 2020

22/10/20

Big changes have just been announced by Rishi Sunak to the Job Support Scheme (JSS). The JSS is due to come into force in less than 2 weeks on 1 November 2020. As before, the JSS will be open to all small business and larger business who can show an impact on revenues and financial difficulty.…

ICO Publishes Updated Subject Access Request Guidance

21/10/20

The ICO has today announced that it has published its updated its 'Right of Access Detailed Guidance'. A copy of the guidance can be found here - https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/right-of-access/ This…

Could potential changes to Modern Slavery Legislation affect Public Bodies?

21/10/20

The government has set out proposed changes to the requirements for transparency in supply chains under the Modern Slavery Act 2015. At present, certain commercial organisations must publish an annual statement setting out the steps they take to prevent modern slavery in their business and supply…

Horse Riding Accident Compensation Claims

21/10/20

Horse riding is an extremely popular leisure activity in the United Kingdom, especially in more rural environments. Equestrian activities can however lead to a multitude of injuries ranging from very minor to fatal. On average, approximately two horses a week are killed on UK roads alone, with 845…

Sky High Fine: ICO fines British Airways £20m for data breach

21/10/20

Sky High Fine: ICO fines British Airways £20m for data breach The Information Commissioner's Office (ICO) has fined British Airways (BA) £20m has fined British Airways - the biggest such penalty to date - for failing to protect data resulting in more than 400,000 of its customers…

Home ownership weathering the storm

20/10/20

Last week members of the Housing Property Team had the pleasure of attending the National Housing Federation's first virtual Affordable Home Ownership Conference. A different format but non the less informative with valuable insight into the upcoming changes in the industry and the impact Covid-19…

Relief Against Forfeiture - reasonable delay?

20/10/20

Keshwala & Anor v Bhalsod & Anor (2020) EWHC 2372 (QB) This is an interesting case on relief against forfeiture and contains some useful pointers on the nuances of forfeiture by physical re-entry. The lessee had taken a 20 year lease of the property in 2008. It was a commercial lease…

Permitted Development Rights - are we a step closer to delivering more homes?

20/10/20

The Government has recently implemented two new Statutory Instruments which introduce additional permitted development rights. Both of these rights came into effect on 31 August 2020. Permanent development rights to add up to two storeys The first established by The Town and County Planning (…

35 Million Fine for Illegal Employee Data Collection

20/10/20

It has been reported earlier this month that the Swedish clothing retailer, H&M has been fined more than €35 million by the German data protection authority, after it was found to have unlawfully collected employee data of some of its employees in Germany. This is the highest level of fine…

Housing Diversity Network

20/10/20

Housing Diversity Network is a social enterprise that aims to inspire and empower people, promoting equality, diversity and opportunity for all. It works collaboratively to support organisations to improve how they address inequality, get the most from their staff and meet the needs of the communities…

Navigating through COVID-19 and Late Payment

16/10/20

The announcement of a national lockdown on 23rd March 2020 caused much uncertainty and chaos for many of the businesses within the United Kingdom. It has now been months of worry and despite the UK Governments attempts to navigate the country through the pandemic and help our businesses along the way,…

Credit Control and the Increase of Unpaid Invoices

16/10/20

The increase of unpaid invoices has no doubt had an impact on the workload of those within credit control. As the department gets busier, you should have an effective credit management system and procedures in place to ensure that you are keeping on top of the status of all outstanding invoices and the…

Education Training Programme - Live Online Training

15/10/20

The Education Team at Forbes Solicitors are pleased to launch a programme of live online training specifically for the Education Sector. We understand the added pressures the sector is facing on top of the need to keep at the forefront and up to date with training at a time when there is less…

Wrongful Arrest - When Can I Make a Claim?

14/10/20

Under UK Law, the Police can only arrest a person if they have a warrant to do so, or a genuine belief that a criminal offence has been committed. Anyone who is arrested must be told by the arresting officer as soon as is reasonably practicable, why they are being arrested and detained, otherwise the…

Accommodation Costs - the new Formula

14/10/20

The method of calculating the amount of compensation a claimant should be awarded for the extra accommodation costs associated with their injury has long been in contention between claimants and defendants. The difficulty arises when a claimant has a need for more expensive accommodation that can be…

ICO Conducts Compulsory Audit of the DfE

13/10/20

On 7 October 2020, the Information Commissioner's Office (ICO) published the outcome of a compulsory audit of the Department for Education (DfE) earlier in the year. The audit found that data protection was not being prioritised and this affected the DfE's ability to comply with the GDPR and…

EU-US Privacy Shield invalidated - What does this mean for you?

13/10/20

The transfer of personal data from outside the European Union to a third country is prohibited under the General Data Protection Regulation (GDPR) unless certain safeguards are met. These safeguards include: · Under Article 45, GDPR - where there is a European Commission adequacy decision…

ICO Launches Accountability Framework

13/10/20

The Information Commissioner's Office (ICO) has published its Accountability Framework to help organisations manage their data protection compliance and understand how they can comply with the General Data Protection Regulation's (GDPR) accountability principle. Article 5(2) of the GDPR…

H&M fined over 35 Million for Employee Data Collection

13/10/20

It has been reported earlier this week that the Swedish clothing retailer, H&M has been fined more than €35 million ($41 million) by the German data protection authority, after it was found to have unlawfully collected employee data of some of its employees in Germany. This is the highest level…

Court grants injunction following data breach

13/10/20

It has recently been reported that the High Court awarded an interim injunction preventing a local resident from publishing sensitive personal information that was wrongly disclosed by the social services department in the London Borough of Redbridge. Background In the matter of London Borough…

Retention of an 11-year olds extremist views unjustified

12/10/20

The High court was recently asked to adjudicate in a case NK v COMMISSIONER OF POLICE OF THE METROPOLIS (2020) where the authorities had retained data about an 11 year old boy who had expressed extremist ideas about terrorism including, America being evil, an obsession with killing the Prime Minister…

Directors - Do You Know Your Duty?

09/10/20

With the uncertainty of Brexit and the current impact of COVID-19 threatening many businesses, the responsibility of running a company rests solely with the directors of the company. It is important therefore that a director is aware of the duties imposed on them by law. What is the difference…

The continued rise of technology in Manufacturing & Engineering

09/10/20

The pandemic has meant that working practices have already changed and are certain to continue doing so. For example, there may be more frequent overnight installations of new equipment, as this reduces the number of people congregating. For the same reason, modular construction and pre-assembly is…

Bicycle Accident Compensation Claim - Post Accident Checklist

08/10/20

Since the start of the Pandemic, and the gradual ease back to the 'new normal', the number of people cycling in Great Britain is ever increasing. A National Travel Survey recently reported that around 8% of the population cycle at least three or more times a week. This equates to around 5.1…

Risk-Assessing the Uncontrollable

07/10/20

The HSE has just announced that it will be conducting its latest round of construction site inspections throughout October. They are focussing on various issues, most notably how sites are dealing with exposure to dust (in all its forms). Construction workers are disproportionately more likely to…

Do your payment terms need to be revisited?

06/10/20

Do you know what the payment provisions are within your contract? How do you ensure that you comply with the timeframes? Are your payment terms compliant with the Scheme for Construction Contracts? A recent Technology and Construction Court decision in the matter of Rochford Construction…

CJRS update: Job Retention Bonus

06/10/20

The Job Retention Bonus aims to reduce the scope for compulsory redundancies by rewarding employers who retain their furloughed employees. The bonus is a fixed £1,000 one-off taxable payment, payable to the employer, for each eligible employee that was furloughed and kept continuously employed…

Extension to Insolvency Measures

02/10/20

The Government have recently announced an extension of insolvency measures under the Corporate Governance and Insolvency Act until the end of year. These measures include the prevention of statutory demands and winding up petitions until the end of year unless there are specific circumstances.…

Massive fine for employer in workplace fatal accident

01/10/20

Leadec Limited, a specialist industrial services company has been fine £2 million and ordered to pay £30,000 costs following a fatal injury to Joseph MacDonald, one of its employees. The company pleaded guilty to breaching section 2(1) of the Health and Safety at Work Act 1974. Mr…

Statutory Bereavement Award Finally Extended to Cohabitees

01/10/20

After a long and arduous journey that started in 2017, The Fatal Accidents Act 1976 (Remedial) Order 2020 is finally set to come into force on the 6th October 2020, providing an amendment to extend the scope of people entitled to statutory bereavement awards, to cohabitees. The amendment to the law…

Back to top

September

Bereavement Awards for Cohabitees

30/09/20

In May 2020 we reported the increase in the bereavement award for fatalities from the 1 May 2020. At that time we highlighted that it did not yet apply to cohabitees, but that change was anticipated. That change will now be brought in with effect from the 6 October 2020, when the Fatal Accident Act…

The HSE Construction Health Inspection Initiative

30/09/20

The HSE has announced that it will be carrying out its latest construction health inspection initiative this October with health and safety inspectors targeting construction sites across Great Britain. The initiative will run from Monday 5 to Friday 30 October and will focus on respiratory risks as…

Avoidable Deaths in the NHS

30/09/20

The Daily Mail recently reported that Mr Hunt, previous Health Secretary and now Chairman of the Commons Health Select Committee has reported that ¾ of hospitals are refusing to publish reliable data on the number of avoidable deaths of patients in their care. Only 15 out of 59 hospitals have…

Claimant "nowhere near" proving causation

30/09/20

Forbes have successfully defended a highways tripping claim on causation grounds. The claim arose as a result of an alleged accident on Christmas Eve 2015. The Claimant's case was that he had been out training with a friend in readiness for the start of his army career in January 2016. He…

Shaukat v an Insurer

30/09/20

The Claimant claimed that he was involved in a road traffic accident after 11 pm when he and his two passengers decided to go to McDonald's. On entering the McDonald's carpark, it was alleged that a van driven by an employee of the insured was driven into collision with the claimant's…

Pregnancy and the workplace post-lockdown: Should staff return to school?

30/09/20

As many schools have now commenced a period of wider re-opening, following the COVID-19 lockdown and summer break, questions still remain regarding more vulnerable members of staff and whether they should be attending school, where they may be required to mix with hundreds of people on a daily basis…

Will Disputes In The Covid Era

29/09/20

Although our doors may have been locked over the past few months, the tidal wave of Will disputes has not abated. If anything Will disputes are becoming more common. The courts have physically closed their doors for the majority of, if not all, hearings but the wheels of justice continue to turn with…

Reforms to Restrict Awards for Whiplash Claims

28/09/20

In the latest Civil Litigation Brief Gordon Exall makes reference to a new book and "The perceived compensation culture". It makes an interesting read dispelling some of the myths that there is a compensation culture in the UK. As with all processes, there will be a few that take…

Abuse of Process and Striking Out

28/09/20

Litigation can be uncertain, expensive and time consuming. However, the Courts have a wide range of case management powers, the exercise of which may heavily depend on the actions taken by parties involved in the litigation. Care should be taken when embarking on Court action and it is important to…

NHS COVID-19 app: guidance for schools

25/09/20

The NHS COVID-19 app ('the app') has been released and the UK Government has produced corresponding guidance for leaders and staff in schools and further education colleges in England. The app aims to complement the NHS Test and Trace in England by automating some aspects of the process of…

Employee Ownership Trusts (EOTs)

25/09/20

An Employee Ownership Trust (EOT) is an alternative business ownership structure with specific benefits to both owners and employees. It involves the employees of the business holding a controlling stake in a trading company via a specifically designed trust. This is intended to facilitate participation…

Dementia Friends

25/09/20

Dementia Friends is an Alzheimer's Society initiative which encourages everyone to learn more about dementia and to turn that understanding into action. Actions can be both big and small and are all very important. The initiative hopes to change people's perceptions of dementia and the way…

"Job Support Scheme" - The Winter Economy Plan

24/09/20

Rishi Sunak has today unveiled the Government's plan to protect jobs and support businesses over the coming months following the announcement earlier this week, which warned Britons that restrictions could be in place for the next 6 months. The Chancellor confirmed that the current Coronavirus…

Re-Starting Well - Back to School

23/09/20

Forbes Solicitors Education specialists hosted an online discussion and were joined by panellists Chris Malings from Malings Change Associates, Paul Atkinson - Director of Finance and Business, Vicki Hayward - SBM and Noel Conreen - Business and Finance Manager. It is more important now than ever…

Educational Websites & the ICO's Code of Practice

23/09/20

On 2 September 2020, the ICO's Age Appropriate Design Code (known as the Children's Code) came into force. The Children's Code sets out 15 standards that online services should meet to protect children's privacy whilst online. The Children's Code is a statutory code of conduct…

School Closure As A Result Of The Infection Of A Number Of Staff With Covid-19

23/09/20

A Primary School was recently forced to close all but one year group as a result of the infection of a number of staff with Covid-19 following an out of school social event. Members of staff attending the event contracted Covid-19, and the infection spread to other members of staff who did not attend…

Changes to the Employment Tribunal Rules & tips for attending hearings

23/09/20

The Government has announced new reforms to the Employment Tribunal Rules of Procedure 2013, with the aim of increasing the employment tribunals' capacity to hear claims and ensure a speedier resolution of cases for businesses and employees. The main driving force behind the reforms is the…

Insurance Case Update: A Covid-Cloud Silver Lining for Policyholders

22/09/20

The High Court has last week handed down judgment in the case of The Financial Conduct Authority and Others [2020] EWHC 2448 (Comm). This was a test case brought by the Financial Conduct Authority against several insurance companies to clarify the scope and meaning of Business Interruption (BI)…

Protecting your assets from any potential downturn in trading

21/09/20

With uncertainty in the market, now is a good time for businesses to be considering how they best protect their assets from any potential downturn in trading. Key assets, such as business premises, intellectual property rights, plant and machinery, etc. - even cash - can all be ringfenced by moving them…

Two unfair dismissal case updates from summer 2020

21/09/20

Tai Tarian v Christie Update: A dismissal based on anonymous witness evidence will not necessary be unfair, even where that witness declines to participate in the disciplinary process. Background and Tribunal findings: The Respondent was a housing association, who employed the…

The Importance of Careful Lease Drafting for Supporting Living Schemes

21/09/20

(1) Retirement Lease Housing Association Limited (2) Fountain Retirement Housing Association Limited v (1) Pauline Schellerup & Phylis Woodford (2) C Martin [2020] UKUT 232 (LC) The above case was a conjoined appeal to the Upper Tribunal by the landlords of separate supported housing…

Why every company should have a Shareholder Agreement

21/09/20

What is a Shareholder Agreement? In short, a shareholder agreement is what it says on the tin, an agreement between the shareholders of a company. The agreement contains terms that govern the ownership of the business, including the issue and transfer of shares and company management. A…

ICO Launches Accountability Framework

18/09/20

The Information Commissioner's Office (ICO) has published its Accountability Framework to help organisations manage their data protection compliance and understand how they can comply with the General Data Protection Regulation's (GDPR) accountability principle. Article 5(2) of the GDPR…

Transforming Leasehold System

18/09/20

The Law Commission has released a collection of reforms to improve home ownership in England and Wales. These will make it easier and cheaper for homeowners to buy the freehold or extend their lease, and to take control of the management of their block of flats or an estate. The Law Commission is…

Data Breach Trends Show Reported Incidents are Falling

17/09/20

The Information Commissioner's Office (ICO) has published its recent data security incident trends for the first quarter of 2020/2021. The figures published are compiled by the ICO and are based upon the number of personal data breaches reported to them. The figures show how many incidents have…

Court rejects 19 of 20 data protection claims against employer

16/09/20

In the recent case of Kathryn Hopkins v Revenue & Customs Commissioners [2020] EWHC 2355 (QB), the High Court struck out most claims brought by a civil servant against her employer. This article will focus on some of the 20 data protection claims under the General Data Protection Regulation (EU)…

ICO - Data Security Incident Trends

16/09/20

The ICO have recently published details of data security incidents on their website. The figures show that the vast majority of data breaches related to cyber security incidents, hacks and cyber-attacks, followed closely by sending information to an incorrect recipient by email or post. The lower…

UK Drivers - Are we really ready to lose control?

15/09/20

The Government has recently launched a consultation into the technology supporting 'hands-free' driving, and estimate it could be legal on all UK roads by as early as 2021. The Society of Motor Manufacturers and Traders suggest this new hands free technology could potentially cut accidents by up…

On 'Tenurehooks' - Will Shared Ownership be a viable product?

11/09/20

Homes England have announced significant changes to the shared ownership programme with the introduction of a new shared ownership model which will come into effect for all new shared ownership homes delivered under the new Affordable Housing Programme 2021 to 2026. Whilst the new model form lease is…

A Big Boost for Affordable Homes

11/09/20

On the 8th September, Robert Jenirck, the housing secretary, announced a £12.2 billion overall investment in affordable housing. Which does include £700 million on new homes through the 2016 to 2022 programme, along with a new £11.5 billion Affordable Homes Programme which will be…

Mishandling of Subject Access Requests - Civil Claims on The Rise

02/09/20

The UK General Data Protection Regulation (UKGDPR) is the same after Brexit as it was before, but it would appear that many organisations are still coming to terms with the impact it can have on their day-to-day practice, not least the colossal increase in volume of subject access requests (SARs) which…

Potential Consequences of Claimant Abuse of the Personal Injury Portal Process

02/09/20

As an Insurer or claims handler, even if you do not deal with the Personal Injury Portal, you need to be aware of the issues raised here for cases that start off in the portal but increase in value. The cynic in me wonders how often claimants and their advisors have tried to use the portal process…

You didn't dream it - 6 month notices are here

02/09/20

It will come as no surprise that over the weekend the Government introduced amendments to the Coronavirus Act, which have subsequently amended the prescribed forms for both Section 21 Notices and Notices of Seeking Possession in England. The amendments only affect notices served after 29 August 2020 and…

The cost of fire safety works in high rise blocks

02/09/20

A Parliamentary Briefing Paper was recently published on 16 June 2020 entitled Leasehold high rise blocks: who pays for fire safety work? The full article can be found here - we have picked out some of the main points below. As at 31 May 2020, 455 residential blocks and public buildings over 18…

Claimant fundamentally dishonest - Pennington v Wigan Council

02/09/20

The facts The Claimant alleged that on 25th September 2015 at around 7.30pm he was out walking his dog with his brother. As they were walking along a footpath/alleyway in Pemberton, the Claimant claimed that his foot hit a raised section of paving which caused him to fall and sustain a fractured…

Forbes at Trial - CCTV helps successful defence

02/09/20

Forbes at Trial CCTV helps successful defence Forbes recently successfully acted for a retail organisation in defending a personal injury claim in which CCTV of the event played a vital role. Often CCTV is inconclusive as, for example, it does not capture the right angle or is too far away to…

Roundup of HSE fines in August 2020

02/09/20

Roundup of HSE fines in August 2020 Simple working practices could have easily avoided these 4 accidents that resulted in fines, adverse publicity and potential personal injury claims for the companies involved. 1 - Brebner and Williamson Limited has been fined following an incident where…

ERRA and the role of the six pack regulations

02/09/20

To what extent should a breach of Health and Safety Regulations affect a finding of negligence since S69 of the Enterprise and Regulatory Reform Act 2013? A recent Scottish case looked at the relevance of the so called "six pack" of health and safety regulations in ascertaining whether…

NIHL claim was out of time

02/09/20

The Claimant claimed damages following the development of hearing loss and tinnitus caused by alleged exposure to excessive levels of noise during his employment as a welder with the Defendant between 2002 and 2012. It was alleged that the Claimant could not wear ear defenders when wearing his…

Half of patients struggle to get appointments with their local GP

01/09/20

It has recently been reported that patients are struggling to book an appointment with their GP because of the current crisis. More than half of patients who have tried to book an appointment, have struggled. In July, all GP practices received a letter from the chief executive of NHS England, advising…

Brexit: Preparing for the end of the transition period

01/09/20

The UK formally left the EU on 31 January 2020 and is currently in the transition period. On 12 June 2020, the UK Government formally confirmed to its negotiating partners that it would not seek an extension to the transition period therefore it will expire on 31 December 2020. On 30 July 2020,…

Back to top

August

New Use Classes

28/08/20

1 September 2020 marks a significant change in planning legislation, with the introduction of three new Use Classes to the Town and Country Planning (Use Classes) Order 1987. The changes aim to support high street revival by introducing flexibility to planning legislation in light of changing demands…

The Late Payment Plague

28/08/20

Recent research by accountancy firm Moore has shown that the average waiting time for payment of supplier invoices is 41 days, the same as it was in 2015. Staggeringly, over 17,000 businesses involved in the study are having to wait 90 days or longer to receive payment of money that they are owed.…

Employment case law updates you may have missed in July and August 2020

24/08/20

Below are a number of interesting and recent case law updates, on the issue of unfair dismissal, disability discrimination and equal pay, which you may find relevant to your organisation. Unfair dismissal 23 July 2020: Evans v London Borough of Brent UKEAT/0290/19 Update: The…

Here We Go Again - Third Stay of Possession Proceedings

24/08/20

At the 11th hour, just before the stay was supposed to end this Sunday, 23 August 2020, the government has yet again extended the moratorium period on possessions claims. This time until 20 September 2020. While this news will be welcomed by renters, it will be devastating to many private and…

Ban on evictions extended by another 4 weeks

21/08/20

The Governments ban of evictions was due to be lifted on the 23 August 2020 after 5 long months, but at the 11th hour on Friday afternoon, Housing Secretary, Robert Jenrick, announced a further extension of the ban by another 4 weeks until the 20 September 2020. Mr Jenrick is also taking the…

A Taxing Tax Covenant?

21/08/20

It is standard practice for Corporate documentation to include covenants. Covenants can have a multitude of purposes and provide contractual parties with legal assurances that something will, or will not, be done in an agreement. The recent judgment in Dodika Ltd v United Luck Group Holdings Ltd [2020]…

Legal Health Check

19/08/20

The Covid-19 pandemic has prompted many people to review their situation and to make sure that their personal affairs are in order. If you want to give yourself a personal legal "health check" what should you be looking for? Will One of the most important documents that you can put…

Injury Prevention Week - 17 to 21 August 2020

17/08/20

APIL (Association of personal injury lawyers) have recently launched a safety campaign focusing on Pedestrian safety. Although the number of accidents involving pedestrians has remained the same over the past few years it remains too high. Pedestrians are considered vulnerable road users. Any…

Corporate Insolvency and Governance Act 2020: impact on supply chains

17/08/20

It is standard practice in a contract for the supply of goods or services, for the parties to agree a clause that allows the supplier to terminate the contract with immediate effect upon the customer's insolvency. However, the Corporate Insolvency and Governance Act 2020, which came into force on 26…

Private RPs not Subject to Environmental Information Regulations

13/08/20

The Upper Tribunal has recently published its judgment in the case of The Information Commissioner v Poplar Housing Association and Regeneration Community Association confirming that private registered providers of social housing (RPs) are not subject to the Environmental Information Regulations 2004 (…

Dishing the dirt on Septic Tanks

13/08/20

If you own property off the mains sewage network it is critical that you are aware of the changing legislation around septic tanks. The Environment Agency, in an endeavour to tackle water pollution, has laid down new General Binding Rules, which means systems will now have to be upgraded or replaced…

Alternatives to litigation: The impact of COVID-19 on litigation

13/08/20

Alternatives to litigation: The impact of COVID-19 on litigation There have been a significant number of changes happening within the legal sector as a result of the COVID-19 pandemic and the future has never been so uncertain. This pandemic has caused even greater uncertainty to the conduct of…

Plot Sales

12/08/20

The number of new homes being built each year in the UK continues to rise. According to NHBC's annual new homes statistics, this has risen by more than 80% over the last decade and in 2019 alone, 161,022 homes were registered with NHBC. At Forbes Solicitors we have a specialist team in our…

Keeping it in the Family: How to Preserve Family Wealth on Divorce

10/08/20

The need to plan for succession and providing for the next generation has undoubtedly accelerated for many families due to the Covid-19 pandemic and the uncertainties that it brings. Families are now wanting to review their financial affairs with particular importance being placed on preserving and…

Government Planning Proposals - is this the way forward?

07/08/20

In its ambition to build high-quality, sustainable homes and communities, the government has published the Housing White Paper, 'Planning for the Future'. This consultation document consists of a package of proposals for reform of the planning system in England only with a view to streamlining…

State Pension - Are you missing out?

06/08/20

Thousands of married women, widows and divorcees are being short-changed on their state pension. The basic pension pays £134.25 per week, anyone on less than £80.45 could be missing out. It is not always widely known that married women, widows and divorcees can receive a pension rate…

Agriculture Bill - altering the landlord and tenant relationship

05/08/20

The proposed Agriculture Bill is set to make substantial changes to British farming. The proposals which were originally introduced to the House of Commons back on 16 January 2020 are now being scrutinised in the House of Lords with the intention that they will receive Royal Assent and become law next…

Restricting exit payments in the public sector

04/08/20

As most public sector organisations will be aware, the Government has been considering a cap on public sector exit payments of £95,000 since 2015. In April 2019, the government launched a further consultation on draft Regulations to introduce the cap and the consultation closed on 3 July 2019. The…

Back to top

July

Video witnessed Wills to be made legal

30/07/20

The government is introducing temporary legislation in September to allow the witnessing of Wills in England and Wales by video conferencing software such as Facetime, Zoom and Skype. Any Will witnessed by video technology will be valid, on the proviso that the quality of the sound and video was…

The HSE Have Published The Annual Fatality Statistics For 2019/2020

30/07/20

On the 1st July 2020, the HSE released the annual figures for 2019/20 for workplace fatal injuries reportable under RIDDOR and falling within their jurisdiction as enforcement authority. The figures as yet are provisional and will be finalised in July 2021. What are the Key trends shown by the…

It's a knockout

30/07/20

What duty is owed to a person voluntarily involved in a fun recreational activity, by the organisers of that activity? This was the main question in a case where Forbes recently successfully acted for the operators of a fun activity centre, where participants carried out activities on various large…

Tree Root Subsidence Claims

30/07/20

During the previous months of lockdown we have understandably noticed a delay in the progression of tree root related subsidence claims. However, as we come out of the lockdown and head towards the autumnal months we would expect to see an increase in claims activity. Historically, the dryer late Spring…

Seasonal hazard - Injuries caused by falling trees and branches

30/07/20

At this time of year many of us enjoy and use our Council run green spaces, whether they might be city parks, suburban recreational areas or larger green areas further out from the centre of our Towns and Cities. These green spaces come in many different shapes, sizes and location types but ordinarily…

New Edition of the Ogden Tables is Published

30/07/20

The Government Actuary's Department published the 8th edition of the Ogden Tables on the 17 July 2020. The Ogden Tables, used to calculate future losses in personal injury and fatal accident cases in the UK, have been updated and the explanatory notes have been completely rewritten in this 8th…

Limits on Article 2 Inquests in Deprivation of Liberty (DoLS) Case

30/07/20

In the case of R (on the application of Maguire) v HM Senior Coroner for Blackpool & Fylde [2020] EWCA Civ 738, The Court of Appeal has ruled that the state's investigative obligations under Article 2 ECHR do not arise where someone lacking capacity and deprived of their liberty (who we will…

Failure to remove cases and assumption of responsibility

30/07/20

When CN and GN v Poole came before the Supreme Court for a final judgment it was hoped by both claimant and defendant practitioners that clarity would be provided as to the crucial question of when and in what circumstances a duty of care would be owed to a claimant who it was alleged should have been…

Forbes Briefing Note - New Practice Direction 55C

29/07/20

Some of you might remember my briefing from a few weeks ago in relation to a proposed new Pre-Action Protocol. Well there is still no sign of that but what has now been introduced is a temporary Practice Direction (PD 55C), which requires landlords to 'reactive' their ongoing stayed possession…

Pension scheme trustees and conflicts of interest

29/07/20

There is a general rule of equity that trustees, just like all other fiduciaries, must not: · Place themselves in positions; or · Enter into transactions… …where there may be a conflict between their duty as a trustee and their personal interests and other…

Cycling Accident Compensation

28/07/20

Cycling weekly recently reported that 1.3 million Brits had bought a bike during lockdown as people sought to take advantage of the exercise freedom allowed during the pandemic, following the governments advice to avoid public transport. As a result, there are many more cyclists on the road. Sales…

Private RPs not Subject to Environmental Information Regulations

28/07/20

The Upper Tribunal has recently published its judgment in the case of The Information Commissioner v Poplar Housing Association and Regeneration Community Association confirming that private registered providers of social housing (RPs) are not subject to the Environmental Information Regulations 2004 (…

Failure to remove cases and assumption of responsibility

24/07/20

When CN and GN v Poole came before the Supreme Court for a final judgment it was hoped by both Claimant and Defendant practitioners that clarity would be provided as to the crucial question of when and in what circumstances a duty of care would be owed to a claimant who it was alleged should have been…

New code of practice for Commerical Property relationships during COVID-19

23/07/20

As the impact of COVID-19 continues to be felt on businesses despite the gradual easing of national lockdown restrictions, the Government has published a new Code of Practice to set out its guidance focussing on how landlords and tenants should try to work together through any difficulties. The…

Lasting Powers of Attorney - not just for the elderly!

22/07/20

It is never too early to plan for the future, to ease the potential burden on loved ones and to give you and your family peace of mind. More people have been prompted to make a Will during the Covid-19 pandemic but having a Lasting Power of Attorney (LPA) is just as important, if not more important…

Temporary SDLT Relief - What You Need to Know

22/07/20

What is SDLT? SDLT is stamp duty land tax - a tax on properties bought in England and Northern Ireland. The rate to be paid depends on where in the UK the property is bought, the price of the property and the reason for the purchase. I've heard about a SDLT Holiday - what does this mean…

When is a private dwelling house not so private?

22/07/20

Covenants restricting the use of properties to "single private dwelling houses" "private residence" and "private dwellings in the occupation of one family unit" have been a common feature affecting properties for some time. They also frequently feature in the transfers of…

New Edition of the Ogden Tables is Published

21/07/20

The Government Actuary's Department published the 8th edition of the Ogden Tables on the 17 July 2020. The Ogden Tables, used to calculate future losses in personal injury and fatal accident cases in the UK, have been updated and the explanatory notes have been completely rewritten in this 8th…

General Practitioners Internet and Email compliance

16/07/20

With a greater reliance by General Practitioners on the use of the Instant Messaging (IM) service within their practice when using the clinical SystmOne IT platform, there is an increasing risk of unintentionally using the system inappropriately; thereby resulting in action being taken by the General…

Newsflash: Updated support for apprenticeships during COVID-19

16/07/20

On 14 July 2020, the Government updated their guidance for apprentices and employers, regarding the changes to apprenticeships during the COVID-19 pandemic. One of the most notable changes is the announcement of a Support Service for redundant apprentices. In addition, comes the confirmation that…

The HSE have published the annual fatality statistics for 2019/2020

13/07/20

On the 1st July 2020, the HSE released the annual figures for 2019/20 for workplace fatal injuries reportable under RIDDOR and falling within their jurisdiction as enforcement authority. The figures as yet are provisional and will be finalised in July 2021. What are the Key trends shown by the…

Share purchase agreements and limitation periods

09/07/20

The recent case of Towergate Financial (Group) Ltd & Ors v Hopkinson & Ors [2020] has provided some guidance in relation to the wording of contractual limitation clauses and their interpretation into corporate share purchase agreements (SPAs). A contractual limitation period is a form of…

Landlord's Remedies for non-payment of rent - 25 June 2020

09/07/20

Subject to Corporate Insolvency and Governance Bill 2019-21 ("CIGB") being passed unamended The CIGB introduces a moratorium which will provide a breathing space for eligible companies to allow them to enter into negotiations with creditors and will restrict filings for insolvency…

Jobs, jobs, Jobs measures proposed by Rishi Sunak

08/07/20

Rishi Sunak has today addressed the House of Commons with his plan to kickstart the UK economy again and protect the jobs of workers. The measures proposed by Rishi Sunak include the following: Bonuses for businesses that bring back furloughed workers The Chancellor announced that the…

Exam Results and Subject Access Requests

08/07/20

Following the announcement that the government has cancelled this summer's exams due to the coronavirus pandemic, the exam regulator, Ofqual has confirmed that it will award GCSE and A-Level grades by a combination of teacher assessment, class ranking and the past performance of the school.…

Healthy homes = Healthy people?

07/07/20

It has long been known that people from the most deprived areas of the country have poorer health and have a shorter life expectancy compared to people from more affluent areas. With the NHS under immense pressure especially given the COVID-19 pandemic it has become increasingly important for the…

Digital Housing Week

07/07/20

The week commencing 22 June was due to be The Chartered Institute of Housing week, however given the current pandemic this was not able to go ahead, although it was replaced by Digital Housing Week. This adaption is just another example of how the housing sector can quickly innovate. The event was…

Forbes Solicitors appointed to national housing framework

07/07/20

Forbes Solicitors has been named on the Central Housing Investment Consortium Ltd ("CHIC") framework which reflects the firm's deep expertise and track record in the sector across its specialist teams. CHIC is a consortium of Registered Providers and has around 90 members across the…

Service Reviews and Restructure - What do we need to know?

07/07/20

COVID-19 has presented several organisational challenges over the last few months, a notable concern of many organisations is their business efficiency. Whilst the pandemic had posed several problems and challenges, it may offer opportunity for Registered Providers (RP) with the opportunity to reflect…

WEC Group's Innovation During COVID-19

07/07/20

One of our clients Lancashire-headquartered Engineering & Fabrication company WEC Group have recently heeded the national call to arms from the government for manufacturers to assist the country's response to the current COVID-19 outbreak. They actively engaged with various stakeholders to…

What's next for Planning and the Community Infrastructure Levy

06/07/20

There have been a number of seismic changes in the planning and housing market over the past few months. Local authorities, developers and property professionals look set to experience more changes in the near future too. COVID-19, CIL and the housing market The Community Infrastructure Levy…

The Senator Group's Innovations During COVID

06/07/20

It goes without saying that the last few months have been an incredibly challenging time for manufacturers, but it is encouraging to see the adaptability and resilience that many of our manufacturing clients have shown. The Senator Group are known for being great innovators so it came as no real…

Employment law implications for academy conversions

06/07/20

Background Despite the ongoing upheaval that has been caused by Covid-19 and in particular the upheaval that this has caused for schools there are some things which continue on as normal. At Forbes Solicitors we are experienced in navigating the academy conversion or rebrokerage process and…

Travel and self-isolation: How will this affect schools?

06/07/20

On 8 June 2020, the rules on travel changed, bringing in the obligation on individuals to provide details of their journey to the UK, contact details and where they will be staying. In addition, individuals travelling/ returning to the UK will be expected to self-isolate for 14 days upon arrival. This…

Full re-opening for Education

06/07/20

Guidance was issued on 2 July 2020 for a full reopening of schools, special schools and settings; early years and childcare providers; re-opening of Higher Education buildings and the Further Education sector. The guidance is quite detailed and varies slightly between settings. For most it will be…

Test and Trace, Customer Details and Data Protection

03/07/20

As we prepare for further measures to ease the current restrictions in place to curb the spread of the coronavirus, the government has confirmed that these restrictions are being eased with the support of the NHS' contact tracing system. In guidance published yesterday, the government confirmed…

Effective Risk Assessing Post-COVID

03/07/20

Coronablindness (Noun) "To become blind to previously obvious matters as a result of a temporary impairment of the mind caused by a global pandemic, mass lockdown and/or over-indulgence in alcoholic beverages during said periods". Usage "Sorry I forgot to put apply the…

Signing deeds during COVID-19 - Virtual execution and e-signatures

02/07/20

Since working from home has become "the new norm", we've been asked to consider whether the use of digital transaction platforms and e-signatures is appropriate for executing deeds. In addition, whilst social distancing continues, can witnessing of signatures be done remotely? On 18…

Not a Minute too Soon for Late Payment Reforms

02/07/20

In January, the first reading of The Small Business Commissioner and Late Payments etc Bill 2019-21 (the "Bill") took place in the House of Lords. In what would be a welcomed development for contractors in the construction sector, the Bill proposes wide-ranging reforms to current statutory…

Arkin v Marshall 2020 EWCA Civ 620

02/07/20

On 26 March 2020, the Lord Chancellor and Master of the Rolls published the 117th Practice Direction update to the Civil Procedure Rules, which implemented Practice Direction 51Z. PD 51Z provided for the stay of possession proceedings due to COVID-19. Last month, the Court of Appeal confirmed the…

Academies Financial Handbook 2020 Update

02/07/20

As you may be aware, a new handbook was released last week to be effective from 1 September 2020. Academy trusts must comply with this handbook as a condition of their funding agreements. The thought behind it is that managing your resources well will help you be accountable and enable you to get…

Limits on article 2 inquests in deprivation of liberty (DoLS) case

01/07/20

In the case of R (on the application of Maguire) v HM Senior Coroner for Blackpool & Fylde [2020] EWCA Civ 738, The Court of Appeal has ruled that the state's investigative obligations under Article 2 ECHR do not arise where someone lacking capacity and deprived of their liberty (who we will…

No-fault divorce to start in autumn 2021

01/07/20

The end is now very much in sight for those who have been calling for reform to our fault-based divorce process. On 25 June 2020, the Divorce, Dissolution and Separation Bill received Royal Assent. Resolution have been campaigning for a modernisation to the law of divorce for decades and their…

Back to top

June

PPE in non-healthcare work during the coronavirus outbreak

30/06/20

The HSE has reminded us that the coronavirus outbreak has not changed an employer's duty to make sure people are not exposed to hazardous substances as part of their work and has issued guidance to employers specifically aimed at the outbreak. Personal protective equipment (PPE) protects the…

GDPR Review Published

30/06/20

Under Article 97 of the General Data Protection Regulation (GDPR), the European Commission is obliged to report to the European Parliament and European Council on the evaluation and review of the GDPR. This review must be conducted 2 years after the date the GDPR was implemented (i.e. by 25 May 2020)…

New Regulations place further obligations on Private Landlords

30/06/20

Private landlords have certain obligations at the outset of a new tenancy to ensure that the property they are letting out meets certain safety requirements. Electrical safety checks have not formed part of these obligations until more recently, when the government announced the introduction of the…

House of Commons votes against revoking secondary care legislation

29/06/20

The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 were introduced this April as an emergency response to the COVID-19 pandemic. Without parliamentary scrutiny or in-depth consultation, the changes were made with minimal consultation and without adherence to the usual 21-day notice…

Civil Justice Review of the impact of COVID-19 on the Courts.

29/06/20

The Civil Justice Council has published its report following the review of the impact of the COVID-19 Pandemic on the Civil Justice System. The report notes the rapid expansion of the use of remote hearings, the fact that very few face to face hearings have taken place in April and May 2020, and the…

HSE Prosecutions Update

29/06/20

Two recent HSE prosecutions remind employers of their obligations to employees when working in potentially dangerous situations and of the fines and imprisonment that will follow if the HSE finds failings. Chelmsford Crown Court heard that in July 2017, a worker was seriously injured when roof…

Claimant's claim discontinued in face of robust expert evidence

29/06/20

Forbes recently represented a Local Authority in respect of multi-track case brought by a school boy who had suffered serious dental injuries when a door in a school corridor collided with his face. It was the claimant's case that a fellow pupil had accidentally pushed/kicked the door from the…

Claim put on ice as claimant discontinues slipping claim

29/06/20

Despite this current heatwave, Forbes has defended a claim for personal injury following a slip on ice. We examine why the claimant discontinued the claim and what local authorities can do to be in a position to defend such claims. M v North Lincolnshire Council The claimant alleged that…

Barlow v Wigan Metropolitan Borough Council (2020) EWCA Civ 696

29/06/20

In an important ruling for local authorities the Court of Appeal has overturned the High Court decision that for a path to be a highway maintainable at public expense it did not have to be constructed by a highway authority acting in its capacity as a highway authority. In Barlow v Wigan [2020]…

UK Intellectual Property Office announces end to "interruption days"

26/06/20

In line with the government's lockdown measures, on 24 March 2020 the UK Intellectual Property Office ("UKIPO") closed its offices, declaring that until otherwise notified, "interruption days" would apply to all of its day-to-day functions. This has seen ongoing trade mark,…

Reopening guidance for the Hospitality Sector

25/06/20

Following the long-awaited announcement that businesses in the hospitality sector can prepare to reopen from 4 July 2020, the government has published lengthy guidance to address safe working within the 'visitor economy' during coronavirus. In terms of what is meant by 'visitor economy…

Action for landlords

25/06/20

Landlords are increasingly feeling the pinch at the moment when it comes to property. Due to the current pandemic tenants are seeking deferments in rent or are simply opting not to pay at all. Whilst many are in the position where they genuinely cannot pay the rent some are simply using the…

Shareholders Agreement - what they are and why you need one

24/06/20

Owning a company on your own is great, it means you have ultimate control over any decision which the company makes, without having to consider what anyone else thinks. However, as soon as a company is owned by more than one person, things become a little more complicated. The more shareholders of a…

Vacant Building Credit- is it being used to its full potential?

22/06/20

Vacant Building Credit (VBC) is a policy that entitles developers to a financial credit in relation to the affordable housing contribution. The calculation is set out in the Planning Practice Guidance as "the equivalent of the gross floorspace of any relevant vacant buildings being brought back…

Harlequin Inquests

19/06/20

Chief Coroner's Guidance No.38 Just a quick alert for all PiPs (Properly interested persons) currently awaiting Inquest Hearings presently placed "on hold" in light of the COVID-19 lockdown, that plans are afoot to get the hearings moving again. On 11 June 2020 HHJ Mark Lucraft…

Pedestrian and Cycle accidents and the effects of Covid-19

19/06/20

The Covid restrictions have encouraged us to get out on our bicycles and walk. Cycle shops are reporting a significant increase in new purchases and the good weather has shown a significant increase in cycle and pedestrian traffic. During the initial days of lockdown, there were very few cars on…

How is COVID-19 going to affect the value of your claim?

18/06/20

General damages (injury award) This is unlikely to be affected. General damages are assessed in line with the Judicial Studies Board guidelines and on past case law. Loss of Earnings If there is going to be an economic downturn it could affect the sector in which the Claimant was working…

How exposed are you...

18/06/20

Do you know what losses you are able to recover from the other side if they are in breach of contract? Do you know what losses you will be liable for if you are in breach of contract? Now more than ever you need to evaluate your existing contracts to see how exposed you are in terms of the…

Extension to ABI Agreements

16/06/20

We have previously reported on the various agreements in place between insurers/defendant representatives and claimant organisations to deal with claims and litigation issues arising out of the COVID-19 crisis. We can confirm that following a review last week the ABI has agreed an extension to…

Update: Doctors Challenging the Government Over PPE

16/06/20

Further to our previous article " Doctors Challenge the Government Over PPE ", the doctors have now issued a High Court Challenge against the Government. The Telegraph reports that the claim for judicial review has been lodged with the Court by the Doctors' Association UK, Hourglass (a…

Covid-19 and the NHS: Is it Business as Usual or Unusual?

15/06/20

As lockdown begins to ease, more businesses are starting to open up in a bid to get back to 'normal' (or the new normal) but what does this mean for the NHS getting back to 'normal'? During the pandemic, the NHS understandably closed many services to protect both patients and staff…

Retail closures causing thousands of job losses - don't wait to chase debts!

11/06/20

Over 3,600 UK jobs have been claimed by the coronavirus pandemic, the Restaurant Group, which owns Frankie and Benny's, Monsoon Accessorize and Quiz have recently announced major restructures. Additionally, popular business names such as Debenhams, Rolls-Royce, British Airways and EasyJet have…

New COVID-19 Delay Clause for Agreements for Lease

11/06/20

COVID-19 is having a huge impact on our daily lives as well as our businesses and, in particular, those who want to grant or take leases of commercial properties (including those who have already exchanged contracts on these types of transactions) are unquestionably anxious about the potential…

Case Update - Clarity on the Electronic Communications Code

11/06/20

Vodafone Enterprise UK v Portsmouth Water Ltd (unreported) A recent unreported decision of the County Court has clarified the court's position in relation to the valuation to be used for the renewal of an existing electronic communications lease under the Landlord and Tenant Act 1954. The…

Corporate Insolvency and Governance Bill 2020

10/06/20

The government is seeking to provide support to companies that may be facing financial difficulties by introducing new measures designed to maximise chance of survival. The Bill will temporarily suspend parts of insolvency law and amend Company Law and other legislation to relax rules around company…

Chancellor's further changes to the Coronavirus Job Retention Scheme

10/06/20

The Coronavirus Job Retention Scheme was announced shortly after the government put restrictions in place in an attempt to contain spread of the virus. The scheme, aimed at preventing as many job loses as possible, allowing businesses to weather the storm with the least amount of damage as possible…

Surge in Divorce - Post Lockdown?

09/06/20

Quite a few Family Lawyers have recently been predicting that once the lockdown starts to ease that there will be a surge in applications for divorce. Certainly I believe that this is going to be the case. A lot of people have put their own relationship difficulties on hold, particularly given the…

Extension to the ban on evictions until 23 August 2020

08/06/20

The Coronavirus Act 2020 ('the Act') came into force on 25 March 2020 following a swift passage through Parliament. The Act contains numerous emergency powers to enable public bodies to respond to the Coronavirus pandemic. Schedule 29 to the Coronavirus Act 2020, named 'Residential…

DfE issues updated guidance for secondary schools

08/06/20

On 24 May 2020, the Prime Minister announced the reopening of secondary schools from 15 June 2020 to year 10 and year 12 pupils and to plan on this basis. Yesterday evening, the Department for Education (DfE) published updated guidance and outlined expectations for mainstream and alternative…

The importance of an anti-fraud restriction in light of the current climate

02/06/20

The coronavirus pandemic has seen a surge in coronavirus-related scams. With fraudsters exploiting Covid-19 fears, now more than ever is the time to ensure that your property is adequately protected against property fraud. Property fraud can be committed on any type of property. However, the Land…

Covid-19 and furlough: Chancellor confirms the final phases of the CJRS

01/06/20

On 12 May 2020, the Chancellor announced that the CJRS (the Scheme) was extended until the end of October 2020, but that the Scheme would continue in the normal way up until 31 July 2020. The Chancellor proposed that from August 2020, employers would be required to share the proportion of the wage…

Changes afoot to the Fatal Accidents Act 1976

01/06/20

Section 1 (1) of the Fatal Accidents Act 1976 provides a right of action under statute that enables dependents of the deceased, who has died due to the wrongdoing of another, to recover damages. Of course, had death not ensued, the deceased must have been entitled to recover damages in respect of the…

Lockdown, social isolation and undue influence

01/06/20

For a Will to be valid, there are various conditions that must be met. These conditions include the Will being correctly executed by being signed and witnessed, but there are other factors to consider. The testator must have testamentary capacity at the time of execution and have knowledge and…

MEETING THE CHALLENGE: COVID 19 and Virtual Meetings

01/06/20

The coronavirus pandemic is presenting the housing sector with complex issues as urgent decisions need to be made by decision-makers. In these unprecedented times, RPs are exploring changes to the way in which decisions are taken to reduce the risk of infection while ensuring that executives, directors…

Covid-19: The Impact on Developers & Affordable Homes

01/06/20

Building , who provide information and intelligence to the construction industry, have reported that developers are calling for planning rules to be loosened due to the coronavirus pandemic, which could affect affordable housing. The London Property Alliance, real estate representatives, have…

How important is the "Lockdown Test?"

01/06/20

Whilst we are in the midst of a pandemic and the country is in lockdown, everyone has been advised to stay at home wherever possible. For many, this means that they are living and working from their homes. The majority of those asked would likely list access to gardens and open spaces as being crucial…

Business as Usual or Unusual?

01/06/20

With the lockdown starting to ease and plans in place for how we can get back to normal, we need to be mindful that things will not be the same or 'business as usual' for quite some time. There is a lot to be considered in the near future and as for the construction sector in particular,…

Appeal of Practice Direction 51Z Fails

01/06/20

As you all know by now the provisions of the Coronavirus Act 2020 came into force on 26 March 2020. Since this time all possession proceedings, and all proceedings seeking to enforce an order for possession have been stayed for 90 days with any new Notices of Seeking Possession and Section 21 Notices…

Back to top

May

Extent of the Organisers' Duty of Care in Dangerous Sporting Activities

29/05/20

The High Court has considered the extent of the need for an organiser of an "enduro day", an off-road motorcycling event, to undertake risk assessments in relation to situations where there is an inherent and obvious risk of which the Claimant was aware. The case has wider implications for all…

Company fined £1.1m after worker injured in fall from height

29/05/20

The HSE website has reported that a relocation and refurbishment company has been fined after a worker was seriously injured when he fell from height. Luton Crown Court heard that on 5 September 2016, an engineer was testing a sprinkler system for leaks at a site in Hemel Hempstead. He climbed onto…

The Coronavirus Act 2020 - social care easements and managing risk

29/05/20

The stresses upon and the challenges faced by Social Care in the current environment are multitude. The social restrictions created by lockdown, as well as the effect of the virus on staffing create a situation of unprecedented demand for services and intervention. This was anticipated by Government,…

Regulatory update

29/05/20

Coroners statistics for 2019 The MOJ have recently released the Coroners statistics for 2019 for England & Wales on the 14th May 2020. The statistics confirm: · The lowest level of deaths reported to coroners since 1998, at 210,912. · Of those 1,939 were reports of…

Industry News

29/05/20

The Fatal Accidents Bereavement Award Has Been Increased For fatalities that occur on or after the 1 May 2020 the bereavement award under the Fatal; Accidents Act 1976 has increased from £12 980 to £15 120 in line with inflation since the last increase. There is no change for deaths…

Forbes successfully defends one of the last pre-QOCS cases

29/05/20

Pahatouridis v Newcastle CC Forbes has successfully defended one of the last pre-QOCS cases. The Claimant allegedly fell on the highway in January 2013 prior to the introduction of The Legal Aid, Sentencing and Punishment of Offenders Act 2012 on 1st April 2013. The Claimant had a CFA/staged ATE…

Ski claim goes downhill fast

29/05/20

S -v- Anon Ski & Snowboard Centre A Claimant who brought a claim for personal injury after falling and injuring his knee on a dry ski slope has lost his claim at trial and had his application for permission to appeal the judgment refused. The facts The Claimant alleged that he had…

COVID-19 Considerations for primary schools thinking of reopening

29/05/20

In an attempt to contain the spread of coronavirus, schools were relatively suddenly closed on the 20th March 2020, save for children in priority groups. The government has now announced that as of the 1st of June there will be a staggered return of children to school. Whilst many Councils have said…

The Fatal Accidents Bereavement Award Has Been Increased.

29/05/20

For fatalities that occur on or after the 1 May 2020 the bereavement award under the Fatal; Accidents Act 1976 has increased from £12 980 to £15 120 in line with inflation since the last increase. There is no change for deaths arising before that date. The award is a lump sum payable…

Challenging Historical WRULD Occupational Disease Claims

29/05/20

Brief facts The Claimant alleged he had suffered a Work Related Upper Limb Disorder (WRULD) in the form of Dupuytren's Contracture (flexion deformity) of his left little finger and Carpel Tunnel Syndrome. The Claimant's medical expert provided a causative link between both conditions and…

Considerations for primary schools thinking of reopening

29/05/20

In an attempt to contain the spread of coronavirus, schools were relatively suddenly closed on the 20th March 2020, save for children in priority groups. The government has now announced that as of the 1st of June there will be a staggered return of children to school. Whilst many Councils have said…

RPs & Covid-19: What does this mean for the financial future?

28/05/20

The current pandemic has caused a lot of uncertainty for business and lenders alike, although now there has been some recent positive coverage regarding the finances of registered providers of social housing (RPs). Fitch Ratings , who provide credit ratings, commentary and research, have reported…

How can I buy a property owned by a company?

27/05/20

The most obvious answer is to simply buy the property, as a company asset, from the company. But there is another option - to buy the company itself! Whilst this may not be the immediately obvious choice, there can be benefits to this - but each option needs to be considered on its merits. Here are some…

Playing the blame game

27/05/20

Although there has been a lot of talk about a no-fault divorce, spouses who have been separated for less than 2 years still have to "blame" the other. They must satisfy the court that the marriage has broken down irretrievably using either their spouse's adultery or their spouse's…

Coroners Statistics for 2019

22/05/20

The MOJ have recently released the Coroners statistics for 2019 for England & Wales on the 14th May 2020*. The statistics confirm: · The lowest level of deaths reported to coroners since 1998, at 210,912 · Of those 1,939 were reports of deaths that had occurred outside…

Back to School Briefcase

22/05/20

Every sector and business is faced with finding out what the new normal looks like and we are here to assist those in the Education sector through that process. To achieve this and help best protect yourselves, colleagues, pupils and everyone's families, we have developed a briefcase of useful…

GDPR: 2 Year Anniversary

22/05/20

The 25th May 2020 marks two years since the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 came into force in the UK. The change in law marked the biggest change in data protection law in 20 years and gave the regulator, the Information Commissioner's Office (ICO), the…

Business Debts & Covid-19

21/05/20

Across the UK, businesses from all sectors are facing an unprecedented challenge because of the Coronavirus pandemic, and despite the government's extensive support package for businesses, many are still struggling with the shortage of cash-flow. One major contributor to this will be unpaid invoices…

Inheritance tax exemption extended to NHS frontline workers

20/05/20

There has long been a 100% Inheritance tax (IHT) exemption for members of the armed forces who died in active service. In 2015 it was extended to cover "blue light" emergency services personnel responding to emergency situations. The IHT exemption has now been extended to most NHS and many…

EasyJet Reveals Data Breach of up to 9 Million Customers

20/05/20

In a statement released yesterday, 19 May 2020, easyJet revealed that the personal information of approximately 9 million customers was accessed in a highly sophisticated cyber-attack. The personal information accessed included e-mail addresses and travel details. Credit card details of 2,208 customers…

easyJet Hit With Highly Sophisticated Cyber Attack

19/05/20

British Budget Airline Giant easyJet, has been the recent victim of a shocking data breach. A company investigation recently discovered the email addresses and travel details of around nine million customers have been accessed in the cyber- attack, acquiring the credit card details of more than 2,000…

The Coronavirus Act 2020 - Social Care Easements and Managing Risk

19/05/20

The stresses upon and the challenges faced by Social Care in the current environment are multitude. The social restrictions created by lockdown, as well as the effect of the virus on staffing create a situation of unprecedented demand for services and intervention. This was anticipated by Government,…

The rise in unpaid invoices - Is coronavirus to blame?

18/05/20

Recent times have seen unpaid invoices increase by 23% since lockdown measures were announced by the UK Government, following an analysis of 26 million business to business invoices by AI platform provider, Sidetrade . The impact of COVID-19 is certainly a contributing factor to the increase, but…

ICO Publishes Guidance for Workplace Testing

18/05/20

The ICO has published 'Workplace Testing - Guidance for Employers' in order to assist employers considering introducing workplace testing in a bid to make workplaces safe in light of the coronavirus pandemic. The starting point is that as long as there is a good reason for doing so,…

How important is the "Lockdown Test?"

15/05/20

Whilst we are in the midst of a pandemic and the country is in lockdown, everyone has been advised to stay at home wherever possible. For many, this means that they are living and working from their homes. The majority of those asked would likely list access to gardens and open spaces as being crucial…

Business as Usual or Unusual?

15/05/20

With the lockdown starting to ease and plans in place for how we can get back to normal, we need to be mindful that things will not be the same or 'business as usual' for quite some time. There is a lot to be considered in the near future and as for the construction sector in particular,…

Covid-19: The Impact on Developers & Affordable Homes

15/05/20

Building , who provide information and intelligence to the construction industry, have reported that developers are calling for planning rules to be loosened due to the coronavirus pandemic, which could affect affordable housing. The London Property Alliance, real estate representatives, have…

Safe Return to Work for the Construction Sector - what does this look like?

14/05/20

Following the announcement made by Boris Johnson on Sunday, employers across the construction sector are being faced with the difficult task of determining what in practical terms a safe return to work looks like. The message is clear that construction should continue if it cannot be reasonably done…

The Importance of Rent Concessions in light of the COVID-19 Pandemic

14/05/20

Covid-19 has generated financial uncertainty across the economy. Consequently, tenants are more frequently approaching landlords to request rent reductions, rent free periods, and to alter rent payment dates in an attempt to share the financial risk and cashflow impact. The first part of this…

Lifting the Lockdown; Risk Assessments for Sports Clubs

14/05/20

Is it possible to practice for world-class team performances by kicking a ball against a wall on your own? Here at Forbes Sports we have been sat around in our home offices anxiously awaiting arrival of news about what will happen with pretty much every sports season, event, or league which used to…

How Forbes' Housing & Regeneration Property Team is responding to COVID-19

14/05/20

The working world is changing, and nobody knows how it will look next week, let alone in a few months. As we continue to work from home as much as possible, we have been thinking about how we have re-thought our work practices, adapted and welcomed the 'new normal'. The 'New Normal'…

A Fishy Tale

14/05/20

The recent Court of Appeal decision in Borwick Development Solutions Ltd v Clear Water Fisheries Ltd [2020] EWCA Civ 578 addressed the thorny issue of whether rights in respect of fish contained in fishing lakes transfers upon sale of the property or whether they are in fact retained by the seller…

Holiday entitlement and pay during coronavirus

14/05/20

The Government has recently produced guidance regarding holiday entitlement and the pay during coronavirus. The guidance has perhaps come slightly later than most employers would have hoped but thankfully there are no real surprises and is primarily clarifying issues that were already known. In…

Keeping the cogs of justice turning in the face of the pandemic

13/05/20

Recent Judicial Guidance and decisions from the Courts have made it clear that the cogs of justice are to continue turning and that hearings and trials are to continue wherever possible. This article will look at:: · Judicial Guidance; · Legislation; and · How this is…

Considerations for reopening the workplace following the easing of lockdown

11/05/20

How do you keep your workforce safe from a virus which has spread the globe on pandemic scales, leaving death and destruction in its wake? It is fair to say that last night's announcement has left those Britons desperately seeking respite from lockdown considerably underwhelmed but, now there…

Prime Minister announces the conditional reopening of Schools

11/05/20

Further to the article on the possible phased return of schools published in our e-newsletter, which you will have received last week, the following sets out the key developments to be aware of( https://www.forbessolicitors.co.uk/news/46969/27/preparing-for-the-return-of-staff-postlockdown ).…

Preparing for the return of staff post-lockdown

06/05/20

The country has been enduring with a period of lockdown since the Prime Minister's announcement back on 23 March 2020 and now, a number weeks later the conversation in the media, government and amongst businesses and schools is turning towards a possible easing of restrictions and movement towards…

Property: Latent Defects

05/05/20

The past 12 months have thrown up uncertainties in the structural defect insurance market, with the collapse of Danish insurance broker Alpha Insurance. This has had an impact in respect of both residential and commercial new build properties. In light of this, it is worth considering the repairing…

Another Pre Action Protocol!

05/05/20

The Housing Secretary, Robert Jenrick, has yesterday revealed plans to the Housing, Communities and Local Government Select Committee to put a pre-action protocol in place when the eviction ban is lifted on 25 June 2020. Mr Jenrick confirmed that a decision would be made next month on whether the…

School Letter Breached Data Protection Act

05/05/20

Last week, the High Court published a judgment where a school that sent a letter to parents regarding the disruptive behavioural issues of a disabled pupil, designed to reassure them that staff were able to deal with the behaviour appropriately, was liable for breaches of the Data Protection Act 1998,…

Executing deeds the 'Mercury' way

05/05/20

This is an addendum to our article " Registered Providers - are E-signatures a valid option as a contingency for COVID-19?" published 20 March 2020, particularly in respect of execution of transfer and other dispositionary deeds further to Land Registry's guidance published 04 May 2020…

Security for Costs and COVID-19: When does it apply and how do I obtain it?

04/05/20

Due to the current pandemic, we have noted an increase of instructions whereby businesses have been looking at alternative ways to boost their liquidity and as such, many businesses have been turning to litigation in an attempt to recover historic debts. Defendants to such claims should…

COVID-19 changes to Family Law - Children's services and Adoption

04/05/20

There have been changes to Family Law which have recently come in to force which include The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (SI 2020/445) effective from the 24th April 2020. They provide temporary changes to local authority duties in relation to children's services…

Children's Social Care - The Secure Placement Lacuna

04/05/20

18 months ago, the President of the Family Division, Sir Andrew McFarlane raised grave concerns, stemming from the official figures and anecdotal evidence of advocates and judges, as to the growing disparity between the demand for secure accommodation places and the limited number available. Thus,…

A Balancing Act

01/05/20

Exploring the potential for personal injury claims against an employer arising from the COVID-19 personal protective equipment (PPE) shortage. It is important to remember that these are unprecedented times and there has had to be a quick response by employers to an evolving and dangerous situation…

Coronavirus Gas Inspections

01/05/20

We are seeing an increasing number of cases recently where tenants will not allow their landlord access to complete a gas safety inspection. Why? Because of Covid-19. Understandably, people are anxious about letting others into their homes during this scary time, but landlords must still comply…

Covid-19 and the RSH

01/05/20

Last month, the Regulator of Social Housing (RSH) wrote to all RPs and local authorities regarding its expectations and regulatory approach in response to the coronavirus pandemic. In its letter, the RSH confirmed that its shared priority across the sector was to maintain tenant safety. Subsequently…

Back to top

April

Doctors Challenge the Government Over PPE

30/04/20

Married doctors, Dr Meenal Viz (a clinical fellow) and Dr Nishant Joshi (a GP trainee), who are both employed by the NHS, have launched a legal challenge over the guidance by the government on personal protective equipment (PPE), as they say it has exposed them to Covid-19. The Guardian reports…

The Waiting Game... Is Your Move Essential?

30/04/20

On Monday 27th April 2020, the government introduced new, non-statutory guidance advising Registered Housing Providers to only proceed with rehousing their customers (existing and new) if the move is deemed to be "essential" during the coronavirus pandemic. As with so many other aspects…

COVID-19 and the Dairy Industry - Collaboration Over Competition

30/04/20

The unprecedented outbreak of COVID-19 has raised challenges for businesses across all sectors including agriculture. It would be an easy assumption to make that the increase in produce being purchased in supermarkets would offset losses elsewhere in the industry. It is however becoming clearer…

Maternity Scandal - Update

29/04/20

Further to our previous article, The Maternity Scandal published on 4th December 2019, The Independent has now reported that the number of cases under investigation has increased from around 600 to 1,170. Despite the Covid-19 pandemic, the review is continuing into the maternity care at the…

Claims against 'Persons Unknown' and other amendments to Practice Direction 51Z

29/04/20

The provisions of the Coronavirus Act 2020 came into force on 26 March 2020. The following day, Practice Direction (PD) 51Z was introduced. This had the effect of staying all possession proceedings, and all proceedings seeking to enforce an order for possession, for 90 days. New possession claims can…

Dealing with an estate after someone has died

28/04/20

When a loved-one dies, it can feel like an overwhelming task to begin to put their affairs in order and to deal with the long list of administrative tasks that need to be completed. There will of course be the initial tasks of registering the death and arranging the funeral, but what happens next…

The Effect of COVID-19 on Commercial Property

28/04/20

A few years ago, US Secretary of State Donald Rumsfeld, made a statement about unknown knowns and known unknowns, which is an example of the struggle of trying to articulate uncertainty into a decision-making process. In recent weeks, clients and property lawyers have been attempting to distinguish the…

Covid-19: Should emergency measures excuse medical negligence?

28/04/20

The extra demand and pressure placed on the NHS because of the COVID-19 outbreak has led to emergency measures within the health service. Retired doctors have been called back into service, while final year medical students have started work early and in primary and secondary care, doctors are working…

What does emergency volunteer leave mean for employers?

27/04/20

In the midst of a global crisis, with the health of hundreds of thousands of people at risk, many losing their loved ones, job losses, business closures, families and friends separated for an uncertain amount of time, it is easy to feel overwhelmed by the seemingly endless negative aspects of the…

Misjudged Claim Fails

27/04/20

A Claimant has lost her claim at trial after the Judge found that the accident occurred because the Claimant misjudged the kerb. The facts In November 2015 at approximately 17.30 the Claimant alleged that she was stepping off the pavement onto the road when she tripped on an uneven surface…

An attempt to avoid the consequences of QOCS backfires

27/04/20

W v Anon Housing Association and Anon Council The facts A Claimant brought a claim after allegedly tripping on a raised and loose flagstone on the pathway outside of her home address. The First Defendant housing association was the owner of the pathway and the Second Defendant local…

The Camera Doesn't Lie

27/04/20

Anon v Wigan Council The facts The Claimant was walking along a road when she tripped and fell over a defect on the pavement in August 2015. It was alleged that she fell due to the presence of a lip/edge on the highway which had formed where an area of concrete abutted the adjacent paving…

Regulatory Update - April

27/04/20

CQC stops routine inspections during COVID-19 pandemic The Care Quality Commission (CQC) has announced that it has stopped routine inspections from Monday 16 March. It has confirmed that during the COVID-19 pandemic, "the CQC's primary objective will be to support providers to keep people…

Cohabitation - Your Rights

27/04/20

On the 25th February 2020 Forbes reported that the Government advice for couples who were currently living in separate households should either move in together or stay apart during the coronavirus lockdown. This was confirmed by the UK's Deputy Chief Medical Officer, Jenny Harries who stated that…

COVID-19: Managing construction contracts

24/04/20

Contractors concerned that they could face delays or increased costs as a result of COVID-19 should consider whether they have any express entitlements to relief under their contract. This article will consider the possible entitlements under JCT and NEC standard form contracts. JCT Force…

Energy Performance Certificates - COVID-19 Guidance

24/04/20

The Government has issued new guidance on the requirements for Energy Performance Certificates (EPC) in property transactions. In all domestic and commercial property transactions, the seller is required to provide an EPC for the purchaser to review. The Certificate is to be prepared, following an…

Whiplash Reform Programme to be delayed until April 2021

23/04/20

The Lord Chancellor and Secretary of State for Justice, Robert Buckland has confirmed that the implementation of the whiplash reform programme will be pushed back until April 2021. In a written Ministerial Statement Robert Buckland announced that the government remains "firmly committed"…

COVID-19 - implications for consumer contracts

22/04/20

For businesses facing supply chain disruption, an important consideration is the potential impact on consumer rights. Consumer contracts (business to consumer) are subject to additional rules, mainly found in the Consumer Rights Act 2015 (CRA) and Consumer Contracts (Information, Cancellation and…

Separation & Divorce during COVID-19

22/04/20

Divorce itself is very stressful. Emotional and financial pressure can take its toll but if you then throw into the mix the ongoing pandemic with all its uncertainties, this simply adds to stress levels. At the moment, whilst Solicitors are still taking instructions to commence divorce proceedings…

Covid-19: Exams and Subject Access Requests

22/04/20

Following the announcement that the government has cancelled this summer's exams due to the coronavirus pandemic, the exam regulator, Ofqual, has launched a consultation on proposals to award pupils with a calculated grade. Ofqual proposes to award GCSE and A-Level grades by a combination of teacher…

Regulatory Round Up

21/04/20

Construction firm fined by HSE after worker suffers serious injuries in fall from height A construction firm has been fined £55,620 after a 17-year-old worker fell through an opening for a roof light. The roof light had been covered with a sheet of insulation and the area had been left…

Regulatory Round Up

21/04/20

Waste management company fined after banksman suffers crushing injury A waste management company has been fined £400,000 after an employee was crushed by a reversing 22.5 tonne shovel loader driven by an on-site contractor. The injured employee was acting as a banksman, assisting a lorry to…

Domestic abuse killings more than double, amid lockdown

21/04/20

A recent study has reported that in the three weeks between 23 March 2020 and 12 April 2020, 13 women and 3 children have been murdered at the hands of their partner, ex-partner or father. The current statistics show that this has more than doubled, from two victims murdered each week by their abusive…

Enforcement

20/04/20

When it comes to recovering debts sometimes getting a county court judgment is the easy part, but the difficulties arise getting the judgment money into your bank! Knowledge is key. Building a profile of your debtor allows you to consider the best way to enforce. What job do they do? Where do they…

Fight for your right...to light

20/04/20

Urban environments are becoming increasingly cramped at ground level with every square inch of space taken up. Yet these areas are becoming busier and busier requiring more space. What can't spread out, must therefore go up. But what does that mean for rights to light? In Beaumont Business…

Rent Charges - The little charges that can be a big issue?

17/04/20

Historically a rent charge on land has not been an issue on the sale of land or a property, even where it is not collected or demanded, and sellers have been able to deal with the issue in a few ways including: · Providing a receipt to confirm the payments are up to date. or…

Restrictive Covenants-freeing up the restrictions

16/04/20

The Upper Tribunal recently considered an Application to modify a restrictive covenant in Edgeware Road (2015) Ltd v Church Commissioners for England [2020] UKUP 104 (LC). Facts Edgeware Road (2015) Ltd (E) held a long lease over a multi floored premises on a large estate in London, and…

How will the ICO Regulate Compliance During the Pandemic?

16/04/20

Yesterday, the ICO published a document which sets out how it will regulate data protection compliance during the coronavirus pandemic. The document should provide comfort to organisations facing staff and operations shortages and acute financial pressure, that the ICO will take a pragmatic and…

Coronavirus Business Interruption Loan Scheme; the reality so far

15/04/20

Last month the Government announced the Coronavirus Business Interruption Loan Scheme (CBILS), with the aim of supporting SMEs who are experiencing lost or deferred revenues, leading to disruptions to their cashflow due to the Coronavirus pandemic. CBILS provides access to loans, overdrafts, invoice…

New Budget, New Cladding?

14/04/20

A new budget has brought new funding for landowners of high-rise buildings containing ACM and other unsafe cladding. This represents acknowledgment by the Government that in addition to ACM (cladding similar to that present at Grenfell Tower) there are other types of cladding which may be life-…

Key Employment Law Changes: April 2020

09/04/20

As a reminder there are several employment law changes that came into force on 6 April 2020 - we summarise these below. The Government's Good Work Plan · Written statement of terms: workers rather than just employees now have the right to a written statement of particulars, which…

The Effects of COVID-19 on the Property and Construction Sector

09/04/20

The challenging times in which we currently find ourselves is also affecting the property development and construction sector and many businesses are seeking assurances from funders, contractors, supply chains and professional support services. The number of developers and construction firms…

Updated HMRC Guidance on Lease Rent Holidays - Pension Scheme Properties

09/04/20

The ongoing COVID-19 pandemic is having an impact across all areas of our lives, including within the context of commercial property. The unprecedented and unpredictable nature of the situation also means that parties are having to make swift decisions in order to protect themselves in the long term.…

Coronavirus and the impact on insurance claims

08/04/20

We are currently navigating unchartered territories as practitioners grapple with the challenges of working from home and life under lockdown. It is inevitable that the way we conduct and defend insurance claims must change to adapt to the new situation we find ourselves in. Deadlines It…

Covid-19: What Does This Mean for Your Clinical Negligence Complaint

08/04/20

Due to the COVID-19 outbreak, the NHS has 'paused' the investigation of some new and existing complaints. This is to let staff focus on patient care, as well as allowing complaints teams to provide vital support to the NHS and allow all healthcare providers in all sectors to concentrate their…

COVID-19: Protection from forfeiture in commercial tenancies

07/04/20

Following on from the COVID-19 update about residential tenancies, the Coronavirus Act 2020 ("the Act") introduced on 25 March 2020 has also provided protections for commercial tenants in order to ease the burden this pandemic will have on businesses. Section 82 of the Act provides…

COVID-19: Tips for managing contracts

06/04/20

Businesses across all industries are facing enormous disruption and uncertainty due to COVID-19. It is becoming increasingly apparent that the current restrictions on commercial activity and individuals' rights of movement may be in place for several months. As a result, attention is turning to…

Important Changes to the Format of Civil Witness Statements

06/04/20

From today, 6 April 2020, the way we have always written our witness statements has changed. The most important change is to the statement of truth at the bottom of witness statements or any other document where a statement of truth is required. The new wording is as follows and must appear on all…

COVID-19 - Updated Guidance on Coronavirus Job Retention Scheme

06/04/20

HMRC has, over the weekend, updated its guidance on the Coronavirus Job Retention Scheme (CJRS). The updated guidance has provided some clarity to previously uncertain areas and has also confirmed a number of issues that were otherwise assumed to be the case. It has however changed some of the…

COVID-19 - Updated Safeguarding Guidance

06/04/20

The Department for Education ("DfE") has published updated safeguarding guidance for schools, colleges and other education providers in light of the ongoing coronavirus (Covid-19) pandemic. The guidance is applicable to all schools, academies, independent schools, maintained nursery…

COVID-19: Coronavirus Act 2020 and protection from eviction

03/04/20

The current COVID-19 (coronavirus) pandemic has brought with it an air of uncertainty surrounding job security and the ability to make rental payments in this period. The introduction of the Coronavirus Act 2020 ("the Act") on 25 March 2020, has put some minds at ease and provided protections…

What employment lessons can you take away from the Tiger King

03/04/20

Hey you cool cats and kittens, its James Barron from Forbes Solicitors here to give you an update on what employment law issues you can take away from the Netflix sensation Tiger King: Murder, Mayhem and Madness. If you have not seen Tiger King it primarily follows Joe Exotic, the Tiger King…

Morrisons Rogue Employee Data Breach Ruling Overturned

03/04/20

In 2017 the High Court found that Morrisons were liable under the old Data Protection Regulations when an employee copied the personal data, including payroll data, of a large number of employees onto a USB stick. Took it home and uploaded it to a publicly-accessible file-sharing website. He was…

COVID-19: Emergency changes to insolvency law

03/04/20

Last week, the Business Secretary announced temporary changes to insolvency law in order to protect businesses from the effects of the current COVID-19 (coronavirus) pandemic. The impending legislation will introduce a new moratorium for businesses and will suspend wrongful trading laws for the duration…

Supreme Court hands down two long awaited decisions on vicarious liability

02/04/20

The Supreme Court has handed down two long awaited decisions: WM Morrison Supermarkets plc v Various Claimants and Barclays Bank plc v Various Claimants . Both Judgments deal with issues arising out of the concept of 'vicarious liability'. The Supreme Court has sought to narrow the…

MEES Regulations - Impending Deadline 1st April 2020

02/04/20

The 1 April 2020 will mark a change in the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (MEES Regulations). This change will have a direct effect on landlords of residential properties with potential financial penalties and subsequent reputational damage. We will…

COVID-19 - APIL and FOIL Agree Best Practice for Mutual Co-Operation

02/04/20

FOIL and APIL have agreed a set of best practices for their members to consider and adopt during the coronavirus outbreak. Full details can be found here , but in summary the following matters have been agreed: Telephone calls/Email Practitioners should engage by telephone and/or email…

Coronavirus - Construction sites shutting down

01/04/20

With Government policy that construction sites should remain open during the coronavirus lockdown, a health and safety law expert believes it'd be wise for bosses to consider stopping operations to avoid needless risks and breaches of health and safety. David Mayor, Insurance Associate at…

Market Update

01/04/20

Financial Markets don't like bad news and the current Coronavirus outbreak is unfortunately no exception to that rule. You'll no doubt be aware of the impact this is having on the economy and Stock Markets. Downturns are not unusual but are very unsettling and upsetting. In these situations…

Morrisons are not Liable for Actions of a Rogue Employee

01/04/20

The Supreme Court has today ruled in favour of Morrisons Supermarkets in relation to a large data breach claim, brought by a group of employees whose personal information had been posted online by a disgruntled employee. Data Breach Claim The employee, Andrew Skelton, was a member of Morrisons…

HMCTS Announces Civil Court Listing Priorities

01/04/20

The HMCTS has published its listing priorities for civil work in the County Courts. Work has been split between priority 1 - work that must be done and priority 2 - work that could be done. Priority 1 - work that must be done · Committals · Freezing Orders ·…

COVID-19: Sharing Tenant Personal Information

01/04/20

With the unprecedented measures being put in place by the government to reduce the spread of the coronavirus pandemic, RPs are undoubtedly considering what action needs to be taken to make sure both tenants and staff are kept safe. The Regulator of Social Housing (RSH) wrote to RPs last week to…

Back to top

March

Coronavirus Bill

31/03/20

The Bill is designed to provide the Government and the authorities with wide ranging powers to respond to the current health crisis. It will cover the following areas: · Workforce · Easing Pressure · Limiting Contact · Controlling Borders · Sick Pay…

COVID-19 "Lockdown" - Will not stop the police from arresting domestic abusers

31/03/20

Following advice from the Prime Minister, the UK is in a state of lockdown which has left many families and couples feeling uncertain and has placed extra strain on their relationships and an increased financial burden. This only adds to the difficulty that many people already feel who are at risk of…

Stay informed: connect with other teachers and school staff

31/03/20

During these difficult times connecting with one another is so important for our well-being. Solicitor, Josh Burke, will appear on the first in a series of interactive webinars hosted by Edapt to help support those in the education sector through this difficult period. The webinars are to help…

COVID-19 and AGMs

31/03/20

The AGM season is well under way for many businesses, but recent restrictions on group gatherings, and the UK 'lockdown' as a result of COVID-19 is posing difficulties for meetings to be held as planned. Businesses may find themselves in a position where holding an AGM is no longer possible…

AirBnB - Are you Breaching your Lease?

30/03/20

Long, long ago, our ancestors used to be able to do something that was known as 'Going on Holiday'. Historians now believe that this was a custom practiced by many, and involved crossing borders and staying in accommodation that was different from your usual home. These accommodations could…

Meeting the Challenge: COVID 19 and Virtual Meetings

27/03/20

The coronavirus pandemic is presenting organisations of all kinds (including charities, schools and colleges, housing providers and businesses across the board) with complex issues as urgent decisions need to be made by decision-makers who are harder to bring together. In these unprecedented times,…

Covid-19 Response - An Update

27/03/20

As the country goes into lockdown, we are still waiting for formal guidance on how civil practitioners should proceed. These are without a doubt unprecedented times, so it comes as no surprise that we have experienced an inconsistent approach by the Courts. This week a Judge refused to do a full list of…

Coronavirus Act 2020: Emergency Volunteer Leave

26/03/20

What is it? The Coronavirus Act 2020, which received Royal Assent on 25 March 2020 introduces the concept of an "emergency volunteer". The Prime Minister's address on 25 March 2020 praised the reaction of the British public after it was announced that in excess of 500,000 people…

COVID-19 and Apprenticeships

26/03/20

COVID-19 is resulting in difficult times for apprentices, employers and providers of apprenticeship training, creating unprecedented and unique challenges to the usual quality and delivery of apprenticeships. The government is continuing to provide support and assistance, seeing the Education and Skills…

Public Contracts - Options when responding to COVID-19

26/03/20

In these current exceptional circumstances, you may need to procure goods, services and works urgently. As you are probably already aware, authorities are permitted to do this using regulation 32(2)(c) under the Public Contract Regulations 2015. So, what can you do? Option 1 - Direct award due…

Coronavirus: Managing your Contracts and Costs

26/03/20

With the unprecedented measures being put in place by the government to reduce the spread of the coronavirus pandemic, RPs will be undoubtedly be considering the risks of contracts being unfulfilled. This global pandemic is having a huge impact on organisations of all sizes and is outside the…

Making a Will during the Coronavirus crisis

25/03/20

In light of such uncertain circumstances during this lockdown phase, naturally people are considering what would happen to their assets if the inevitable happens. Will drafters are facing unprecedented times; drafters are being overrun with requests for new Wills and updates to existing Wills. We are…

COVID-19 and frustration

25/03/20

COVID-19 and frustration If a commercial contract does not contain a force majeure clause, or COVID-19 is not covered by such a clause, the legal doctrine of frustration may apply. Frustration operates to discharge the contract automatically and immediately where there is a significant change of…

Whiplash Reforms Delayed

24/03/20

Lord Chancellor and Secretary of State for Justice Robert Buckland has provided an update on the next steps for the Whiplash Reform Programme. As anticipated, he has confirmed that the Government has decided that more time is needed to make sure the Whiplash Reform Programme is ready for implementation…

Bereavement Damages Update

24/03/20

Increase in Bereavement Award From 1st May 2020, Bereavement damages will be increased from £12,980 to £15,120. The Damages for Bereavement (Variation of Sum) (England and Wales) Order 2020 was laid before Parliament on 19th March 2020.The increase will apply to causes of action in…

Regulatory Update - March 2020

24/03/20

Construction firm fined by HSE after worker suffers serious injuries in fall from height A construction firm has been fined £55,620 after a 17-year-old worker fell through an opening for a roof light. The roof light had been covered with a sheet of insulation and the area had been left…

Forbes at trial: Double Construction Wins

24/03/20

Forbes has successfully defended two construction workplace claims for personal injury. We examine the facts of the cases, how the Judge made the decision and what lessons can be learnt. Successful Case 1 for a Construction & Infrastructure Company Plc (D2) The facts The Claimant was…

COVID-19 - Co-Parenting during the crisis

24/03/20

There is a huge amount of uncertainty facing people during these unprecedented times as the Coronavirus pandemic continues to spread and cause concern across the country and indeed worldwide. The knock-on effect to society and daily life is increasing day by day as more and more people are either…

Forbes at trial: Farcical motorbike RTA claim found fundamentally dishonest

24/03/20

Anon v Sunderland City Council The facts The Claimant alleged that he was involved in a road traffic accident in November 2016. The Claimant and his friend were riding their motorbikes along the road, when he claimed to have encountered a large and deep pothole in the road as he entered a…

Forbes at trial: Unsavoury character loses claim for personal injury

24/03/20

Anon v Bury Council The facts The claimant alleged that he tripped and fell on defective footpath on the grass verge which was dropped by about 2 inches at the edge. He suffered from shock for four days, and a soft tissue injury to his ankle. The defendant admitted breach of statutory…

Are your properties Fit for Habitation?

23/03/20

The Homes (Fitness for Human Habitation) Act 2018 ("the Act") came into force on 20 March 2019, amending the Landlord and Tenant Act 1985. The Act automatically applies to new tenancy agreements that are for a term of 7 years or less and applies to all periodic tenancies from 20 March 2020 (&…

Covid-19 and Gas Safety Checks: The Quarantine Quandary

20/03/20

Please note: This article was written prior to the Prime Minister's announcement of further civilian restrictions on the evening of 23.03.2020 and so does not take account of the effects of that announcement. Further updates will follow as soon as possible. The issue of Annual Gas Safety…

Coronavirus Bill - Emergency Volunteer Leave

19/03/20

The coronavirus bill has implemented emergency laws to contain the spread of COVID-19. The legislation covers areas such as the NHS, social care, schools, police, border force, local councils, funerals and courts. Today, 19 March 2020, the government have published the Emergency Coronavirus Bill to…

COVID-19 and the Justice System

19/03/20

The present circumstances On 18 March 2020, the Lord Chancellor affirmed that "the rule of law is vital to a functioning democracy and even at times like these, it is essential that our independent courts are able to administer justice." Whilst many public places have either been…

School Closures - COVID-19

19/03/20

After much speculation the Government has confirmed that they ordering schools to close from Friday 20th March, until further notice. This announcement is unlikely to have come as much of a surprise to any school leaders and most schools will have contingency plans in place to ensure effective…

Coronavirus likely to cause spike in divorce rate

19/03/20

Leading family lawyer, Baroness Shackleton of Belgravia, has claimed in the House of Lords that she expects the Coronavirus to lead to a rise in people issuing divorce proceedings. Lady Shackleton went on to say that "the prediction amongst divorce lawyers is that following self-imposed…

First known 'Coronavirus direction' handed down in the High Court

19/03/20

It was reported on 17 March 2020 that the first court direction related to Coronavirus was handed down in a civil legal case. The direction displaced the normal rule for time extensions under the Civil Procedure Rules (CPR). The case O'Driscoll v F.I.V.E Bianchi has been listed for a five…

COVID-19 and Breach of Warranties

19/03/20

The ever changing circumstances and consequential advice relating to public health and COVID-19 may have adverse impacts on ongoing business transactions, in particular relating to warranties that are provided for in sale and purchase agreements. A warranty is typically provided by the seller to…

Businesses Must Prioritise Credit Control

19/03/20

Bad cashflow remains the key risks to businesses. The Insolvency Service has recently reported that in 2019, underlying company insolvencies have escalated to their highest annual level since 2013. This increase has been driven by an increase in Administrations and Creditors' Voluntary…

COVID-19 and force majeure

18/03/20

The coronavirus outbreak has been labelled a pandemic by the World Health Organisation. This raises questions such as whether COVID-19 is a force majeure event and whether an organisation can be excused from its contractual obligations in the circumstances. Force majeure events refer to acts,…

Challenging times for the Leisure and Tourism industry

18/03/20

This last week has perhaps been the most uncertain, worrying and troublesome time of recent generations for all business owners, however none more so that those within the leisure and tourism industry. With most major airlines facing the grounding of all flights, holiday companies facing mass…

COVID-19 and Companies House

18/03/20

Following recent Government advice, Companies House have announced further changes to their filing systems to help maintain their services to businesses. Typically every business must annually send accounts, confirmation statements and reports to Companies House. If a company's accounts are…

Proposed Extension of IR35 to be Delayed

18/03/20

In response to the ongoing spread of COVID-19 the Government has announced that the roll out of IR35 to the private sector shall be delayed until the spring of 2021 On 17 March 2020 the Chief Secretary to the Treasury, Steve Barclay, announced to Parliament that "the government is postponing…

Protecting your assets

18/03/20

With more alarming updates coming from the government daily, in these times of uncertainty, many businesses may be looking to their accountants for advice on how to best protect their assets. One thing that businesses can do is to look to restructure; setting up a holding company, undertaking a…

Data Protection and Coronavirus: ICO Publishes Statement

17/03/20

The ICO has today published guidance in an attempt to reassure organisations, particularly those working in the public sector, that it will demonstrate flexibility and pragmatism during this extraordinary period. In the guidance (available to view here) the ICO sets out its position on a number…

Coronavirus Crisis Planning

17/03/20

What does it mean to lay-off an employee? Essentially, laying off employees means that you will not provide them with any work and they will not receive pay for a reasonable period. However, they will still be retained as employees and will therefore still accrue holidays and preserve their…

Working From Home - Considerations For Employers

17/03/20

On Monday 16th March 2020, the Government announced significant new measures in relation to the COVID-19 outbreak. In particular, there was a focus on social distancing and a recommendation that people should work from home wherever they can. Whilst at the time of writing, this is not a mandatory…

Care Home Fees and Pensions

16/03/20

People are living longer and the need for long term care is now something which many people consider as part of their retirement planning. The 85+ age group is the fastest growing age group and is set to double between 2018 and 2041. The increased flexibility in pension provision means that people can…

COVID-19 and possible school closures

13/03/20

Coronavirus and School Closures - What does this mean for school staff? As you will be aware, the Government has announced new measures to delay the spread of COVID-19, a new strain of coronavirus. Whilst the Prime Minister confirmed on 12 March that schools will not be required to close at…

Mediation and the NHS

12/03/20

Mediation is a way to resolve clinical negligence and personal injury claims without the delays of a trial, cost, uncertainty and stress of going to court. It is increasingly used in clinical negligence cases to narrow the issues or resolve the case. With a trend towards this type of resolution…

Pease v Carter and others 2020 EWCA Civ 175

12/03/20

So what happens if you serve or receive a possession notice that has an error in it. Does it deem the notice invalid? Or is the recipient expected to reasonably interpret the intended meaning, if it is relatively clear? This recent Court of Appeal case has re-enforced former case law and confirmed…

Pension scheme trustees: duties made simple

12/03/20

As specialist trust dispute solicitors, we are often instructed to advise trustees on their rights, duties and obligations in order to avoid disputes and prevent potential trustee liability. In this article we will review trustee duties in straight forward, simple terms. The trustees hold the legal…

New insight into and guidance on child sexual abuse in schools

11/03/20

The Independent Schools Council recently commissioned a report by Farrer & Co into the impact of historical child abuse cases and the lessons that can be learnt to increase awareness and inspire practice change to minimise risk to children in the future. The report titled "Child Sex Abuse in…

Coronavirus and Contracts

11/03/20

Coronavirus and Contracts Many of our manufacturing clients have suppliers in China or Italy and with the enforced lockdown in those areas due to Covid - 19 there is likely to be an impact more locally regardless of the effects of the virus here. Once the medical emergency is over there is likely…

Inheritance Act claim allowed 25 years out of time

10/03/20

When bringing a claim against an Estate for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975, the claim needs to be issued within 6 months of the date of the Grant of Probate, as detailed in Section 4 of the Act. If a claim is to be brought out of this…

Executor Jailed for Stealing Neighbour's Inheritance

09/03/20

A fundamental part of any Will or Trust are the Executors and Trustees. Executors are responsible for the distribution and administration of the estate and it is a position of great trust and responsibility. Thankfully, Executors usually carry out their duties fairly and carefully, however there are…

Business Exit Strategies: "Bexit"

05/03/20

This article outlines popular exit strategies and highlights some of the important considerations that should be taken into account by owners to help facilitate a smooth deal and exit. There are several business exit strategies available to owners of a business looking to sell, which typically…

Compensation for sacrificing your career?

05/03/20

In a recent ruling, Mr Justice Moore awarded a woman compensation in the sum of £400,000 following the breakdown of her marriage. The couple were married for almost 10-years and had two children. When the parties met, she was a Cambridge University Graduate and a trainee solicitor at the same…

Nosey neighbours - a legal nuisance?

04/03/20

Fearn and others v The Board of Trustees of the Tate Gallery [2020] EWCA Civ 104. " Overwhelming weight of judicial authority…is that mere overlooking is not capable of giving rise to a cause of action in private nuisance " so say the Court of Appeal. What are the facts of the…

Forbes at trial - Court endorses driven inspection

02/03/20

G v Bolton Council The Claimant brought a claim for personal injury arising out of an accident on 4th January 2016. The Claimant alleged that he was crossing the road, when he fell due to a large pothole in the road and suffered an injury to his eyebrow. The Claimant was put to proof that…

Forbes at trial - Occupier not Liable for Tripping Accident on Rural Track

02/03/20

S v Calderdale MBC The Claimant alleged she fell in a pothole and sustained an injury whilst walking along a lane/track, which led to open fields, parkland and residential houses. The track was unmade with a loose gravel/ stone surface. The Claimant alleged that the Defendant was in breach of…

Forbes at trial - Intoxicating Evidence

02/03/20

The claimant alleged that he fell due to a depression on the footpath. He sustained an injury to his right arm. The claimant brought his claim pursuant to s.41 Highways Act 1980. The defendant conceded a breach of duty but put the claimant to proof that the accident had occurred as pleaded.…

Risk assessments are the "keystone" to ensuring the safety of the public

02/03/20

The case of Deborah Jayne James (On her own behalf & in her capacity as Personal Representative of the Estate of Christopher James, Deceased) v White Lion Hotel (A Partnership) (2020) QBD (Bristol) (Judge Cotter QC) 09/01/2020 follows the trend of recent court judgments and stresses the importance…

Regulatory Update February 2020

02/03/20

CQC fines nursing home provider for failure to provide safe care at nursing home It has been reported by the CQC that the Royal Masonic Benevolent Institution has been fined £50,000 plus legal costs, following an incident at a care home in which a resident sustained serious injuries. In…

Loqbox: Have you Received an Email?

02/03/20

Loqbox Savings Limited, who help people build up their credit score and save money on credit cards, loans and mortgages, has suffered a cyber-attack on their computer system on 20th February 2020. Although Loqbox reports that immediate steps were taken to protect their system, it still resulted in…

Ovarian Cancer Awareness Month

02/03/20

March is ovarian cancer awareness month and here at Forbes we understand the importance of early diagnosis. In the UK the five-year survival rate for ovarian cancer is below the European average. The common symptoms of ovarian cancer included on the NHS website are: · feeling…

Back to top

February

Coronavirus and the impact on the education sector

28/02/20

There may be concern amongst education providers following the news earlier this week that a number of schools have closed over concerns relating to the Coronavirus (COVID-19). It appears that most of the closures relate to a specified threat, such as students and staff travelling to Northern Italy on…

Land mark ruling over validity of religious marriage

27/02/20

There has recently been media coverage of a case before the Family Court in respect of the validity of a religious marriage, which had not been registered in England and Wales. The wife had applied for a divorce from her husband. They were married some 22 years ago in an Islamic marriage ceremony (…

Government announces proposed new post-Brexit immigration plans

27/02/20

In the changing landscape following the United Kingdom leaving the European Union, the Government this week announced a proposed shake up of the immigration system. The potential new rules are designed to urge employers away from relying on 'cheap labour' from Europe and invest in retaining…

The Trend Towards Expansion of Protected Beliefs Under the Equality Act 2010

27/02/20

The media attention surrounding the recent ruling of the Employment Tribunal in the case of Casamitjana Costa v. League Against Cruel Sports has generated an unprecedented level of interest in the apparent decision to offer protection from discrimination and harassment to vegans in the workplace.…

The Pensions Regulator takes tough new approach

25/02/20

The Pensions Regulator has come under criticism lately following the BHS and Carillion scandals, and has recently announced that they would be 'upping their game' by becoming 'clearer, quicker and tougher'. The draft Pensions Schemes Bill currently making its way through Parliament would…

Sister and niece of childless widow win battle over £825,000 fortune

25/02/20

A claim was recently brought to an end in which the sister and niece of Shirley Guymer (Deceased), alleged a Will executed two months before the Deceased passed away was invalid on one or more of the following grounds: · Lack of testamentary capacity · Want of knowledge and…

Breach of Directors Duties: An Overview of Derivative Claims

20/02/20

Many people when setting up a company, do not realise that they are under certain obligations as to how to behave and act in relation to the management of private limited company. Furthermore, if a director has been found to be acting against the shareholders and/or the company, under certain…

Fire Safety and the Property Market- are we moving in the right direction?

18/02/20

A new External Wall Fire Review process has been agreed by The Royal Institute of Chartered Surveyors (RICS), The Building Societies Association (BSA) and UK Finance in relation to the valuation of high-rise buildings (above 18 metres or six storeys). The Government created a policy following the…

Mixed use properties in pension schemes - upstairs downstairs

18/02/20

Although there is a general perception that HMRC forbids specific types of investments into Pension Schemes, in fact there is no comprehensive list of prohibited investments. Instead, HMRC imposes tax charges on certain types of investment as a deterrence mechanism, in particular on what is defined as &…

Ofcom to take charge as Online Harms Regulator

18/02/20

The Government has published more detailed plans to make the Office of Communications (Ofcom) the internet watchdog in light of increasing concerns about 'online harms' including cyber bullying, exploitation, terrorism, violence and illegal and damaging content. Online Harms Regulator…

Intestacy - The statutory legacy has increased

17/02/20

The UK Government has increased the amount which a surviving spouse or civil partner is entitled to receive where a person dies intestate (without a valid will). The statutory legacy was £250,000; from the 6th February this was increased to £270,000. If someone dies intestate, the rules…

The Paterson Inquiry: What You Need to Know

17/02/20

You may remember the headlines about Ian Paterson, the cancer surgeon, who treated thousands of patients and performed botched and unnecessary operations in NHS and private hospitals, as well as exaggerating or inventing cancer risks and claiming payments for more expensive procedures over a 14-year…

Landlord waived right to forfeit where it exercised CRAR (Court of Appeal)

17/02/20

Brar v Thirunavukkrasu [2019] EWCA Civ 2032 What happened in this case? The landlord (Brar) let commercial retail premises to the tenant (Thirunavukkrasu) for a term of 21 years from 2013. The landlord had a right to forfeit if the rent went unpaid. The tenant fell into arrears and the…

Travelling overseas this half term with children?

13/02/20

If you're travelling overseas this half term, you made need a notarised travel consent form, which many are unaware of. Countries all around the world have specific requirement in place when non-parents, or one parent is travelling with children. With Brexit and foreign laws changing, so do the…

Landlord problems: Unlawful Forfeiture

13/02/20

Following on from our previous instalment, the fourth instalment in our series of practical guidance for Landlords continues with the topic of forfeiture, in particular unlawful forfeiture. Scenario: a commercial property is let out to a tenant under a commercial lease with the rent payable on…

Blackburn Law Association Raise £1,120 for East Lancashire Hospice

12/02/20

Blackburn Incorporated Law Association's (BiLA) annual dinner took place at Ewood Park, the home of Blackburn Rovers, on Friday the 7th February 2020. The event brought together over 130 legal professionals from across the region. After the President John Myles a partner in Forbes Solicitors…

Studying or Working Abroad?

12/02/20

It is becoming more and more popular for individuals to spend a year working abroad, continuing education overseas or even taking up permanent residence in another jurisdiction. If you are planning a year overseas, you will be asked to provide lots of paperwork in order to prove your identification…

A Royal Divorce

12/02/20

The Queen's eldest grandson Peter Philips and his Canadian wife Autumn have announced that they are separating after 12 years of marriage. The couple have two daughters together, namely Savannah (9) and Isla (7) and have stated that their decision is "the best course of action for their two…

School Risk Assessments Uncovered

06/02/20

When defending a claim arising out of an accident in an educational setting one of the first questions a lawyer will ask is 'where is the risk assessment'? Thorough and detailed risk assessments which have been acted upon are instrumental in defending claims for personal injury. What should…

Proposed amendments to the Inheritance Tax Act 1984

05/02/20

A bill has been submitted, by Lord Lexden of the Conservative Party, to the House of Lords which proposes amendments to the Inheritance Tax Act 1984. If the bill is successful, it will allow (in certain circumstances) for property to be transferred between siblings without attracting Inheritance Tax (…

The Importance of Timing in Latent Defect Claims

03/02/20

A latent defect may not become apparent for many years after practical completion. As a result of this time lapse, limitation becomes a live issue within many construction disputes. It is a central issue to be considered whether you are thinking of bringing a latent defect claim and is also a useful…

Back to top

January

Intellectual Property Rights During the Brexit Implementation Period

31/01/20

In October 2019, with the threat of a no deal Brexit looming, the Government extended the date by which the United Kingdom was to leave the European Union until 31 January 2020. This was to allow the UK to renegotiate (should such be necessary) and bring into law the Withdrawal Agreement. Following the…

GDPR and Brexit - Officially Business as Usual

31/01/20

As the UK prepares to leave the European Union on 31 January 2020, the Information Commissioner's Office (ICO) has released a statement confirming that it will be "business as usual for data protection" during the transition period. The Brexit transition period will run until the…

Do I need an electrical safety check on my property as a landlord?

29/01/20

Upon entering into a tenancy agreement, there are certain requirements with which a private landlord must comply. However, the provision of an electrical safety certificate has fallen outside of these requirements, until now. What is an electrical safety certificate? The Electrical Safety…

NHS facing huge clinical negligence fees

28/01/20

There has been a number of recent news articles in relation to the NHS facing huge clinical negligence fees. The article on the BBC states that, through a Freedom of Information request, it has come to light that the NHS in England faces paying out £4.3billion in legal fees to settle outstanding…

Forbes represents Local Authority at the Coroners Court

20/01/20

Forbes has recently represented the interests of a local authority in an Inquest following the death of a man in a house fire in 2018. In a tragic accident, an elderly man died as the result of injuries caused in a house fire. Following his death an Inquest was arranged. Inquests are legal…

Forbes at Trial: Home goal for successful claimant

20/01/20

The Claimant alleged that he had been playing football on an artificial pitch and had fallen on a concrete lip sustaining a personal injury to his knee. The pitch was owned by the local authority (the Second Defendant represented by Forbes Solicitors). The First Defendant rented the pitch from the…

Forbes at Trial: Claim that failed to 'add up' dismissed by the Court

20/01/20

Anon v Rochdale Borough Council The Claimant alleged that she was walking her grandchildren to school when she tripped and fell over a raised paving stone. She fractured her left shoulder and brought a claim for personal injuries against the local authority. The Defendant admitted breach of…

Regulatory Round-up January 2020

20/01/20

Parcel carrier fined after worker injured by reversing vehicle An employee was seriously injured when a forklift truck struck him in November 2017. It has been reported that as he was walking across the depot, a reversing forklift truck hit him. He was trapped under the vehicle and suffered serious…

What lies ahead in 2020?

20/01/20

As a New Year and decade begins, we have a brief look at what developments defendants and insurers are likely to see in 2020 and beyond. Extension to Fixed Recoverable costs Early in 2019, the Ministry of Justice launched a Consultation on extending Fixed Recoverable Costs in civil cases in…

Case Update - Telecommunications Code

20/01/20

Cornerstone Telecommunications Infrastructure Limited v Ashloch Limited, AP Wireless II (UK) Limited [2019] UKUT 338 (LC) The Court has provided guidance on the relationship between the Electronic Communications Code and the Landlord and Tenant Act 1954 in determining that an operator may not apply…

Ant McPartlin Divorce Settlement - Surprising departure from equality

16/01/20

It has been reported in the papers today that I'm a Celebrity's Ant McPartlin has reached a divorce settlement with his estranged Wife, Lisa Armstrong, following a long and quite heavily publicised legal battle. The couple married in July 2006 and subsequently announced their plans to…

Limitation In Sexual Abuse Cases - Should It Be Abolished?

16/01/20

The Independent Inquiry into Child Sexual Abuse (IICSA) reported recently that many abuse survivors find the civil litigation process "baffling and hostile". Claimant lawyers reported that in "many if not all" cases Defendants routinely rely on the Limitation Defence. This was said…

Cavity Barriers - Persimmon's review

16/01/20

In light of the Grenfell Tower tragedy in 2018, fire safety should be at the forefront of the minds of developers and home builders alike. Following the findings of an independent review being published in December 2019, housing developer Persimmon has been subjected to heavy criticism after a…

Latent Defects

15/01/20

The past 12 months have thrown up uncertainties in the structural defect insurance market, with the collapse of Danish insurance broker Alpha Insurance. This has had an impact in respect of both residential and commercial new build properties. In light of this it is worth considering one aspect of…

Employment Changes coming up in 2020!

13/01/20

April tends to be a busy and stressful time of the year for many businesses who have the end of their financial year around this time, multiple employees on annual leave over the Easter holidays, together with changes to make in line with new legislation - particularly in respect of your employees…

Are You Blood Cancer Wise?

13/01/20

Bloodwise, the UK's leading blood cancers research charity, has analysed NHS data in England and found that 28% of patients diagnosed with blood cancers are done so via emergency admissions to hospital rather than via their GP, which is significantly higher than cancers on average, which is 19…

Limitation of Liability clauses in construction contracts: key considerations

13/01/20

When negotiating commercial contracts, parties often become embroiled in extensive negotiations when it comes to each party's legal liability in the event that a breach of contract takes place. This is particularly apparent within the construction sector, which is largely owing to the affect that…

PART 2: Delays - the Importance of Record-Keeping

13/01/20

In Part 1 of our Construction Disputes series, we identified that delay and quality issues are often the biggest problems for construction projects and the cause of most disputes. Delay may increase both the time for performance of the contract and the cost of performance for both the Employer, the…

NO FAULT DIVORCE - Update on proposed changes

09/01/20

In May of last year Forbes reported on the Governments response to a Consultation that would radically change the current, out of date, divorce procedure (Read article here ). At the time of reporting the legislation was to be introduced "as soon as parliamentary time allowed". The…

Divorce Day - Is it a myth?

08/01/20

Most people will now be aware from the newspapers, reporting every January, that there is now apparently a "Divorce Day". This is usually on or around the 7th or 8th January every year when the press reports that there will be a spike in Solicitors receiving enquiries from couples who are…

Mediation and the Family Law Courts

07/01/20

Relationships break down, and when they do parties may be looking at how they can navigate the separation amicably. One option is mediation. Medication has a long history in society. The assistance of an independent third party is the principle of mediation. The Government has increased its…

BA and Marriot Hotels hit by large fines

07/01/20

Over the last month we have seen the Information Commissioner's Office (ICO) give notice of its' intention to implement the first major fines under the new higher limits provided for under GDPR. British Airways Firstly, on 8th July British Airways (BA) was issued a notice by the ICO…

Holding a mirror up to facial recognition

07/01/20

With the recent public furore over several instances of its implementation across the UK, it is a good time to look into how the real life application of facial recognition technology holds up against data protection legislation. From the use of facial recognition at King's Cross, to much public…

ICO Prosecutions - Trend Analysis

07/01/20

As covered in the May edition of this newsletter, criminal offences that can be committed under the Data Protection Act 2018 (DPA 2018) have serious, but often overlooked, potential impact. We examined the statutory changes; which offenses have been added, where old offences can be found in the new…

Initial reactions to Subject Access Requests

07/01/20

Of all the data subject rights that individuals are granted under the GDPR and Data Protection Act 2018, the ability to make a Subject Access Request (SAR) for their own personal data is very likely to be the most pertinent right that an organisation will come across. Here we shall look quickly at…

New Years Honours Data Leak

07/01/20

The Government are likely to face a number of claims for compensation following the leak of personal data into the public domain after 1,097 work and home addresses were published online, including those of celebrities, politicians, diplomats and senior police officers*. The General Data Protection…

The Dangers Of Veganuary

06/01/20

As the Christmas blues settle in on 1 January 2020 and we all reflect on the amount of food and drink consumed over the festive period, now is the time to take on the first challenge of 2020 in what has become widely known as 'Veganuary'. This is a challenge that entails eating an entirely plant…

Back to top

Archive