Archived Legal Articles from 2021

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September

Mediation: What is it and what are the benefits?

23/09/21

What is mediation? Mediation is a highly effective form of Alternative Dispute Resolution (ADR) during which parties involved in litigation or other disputes can negotiate with each other with the assistance of an independent mediator. The aim of a mediation is to reach a binding legal…

What happens to pets during a separation?

23/09/21

The Covid 19 pandemic has led to an increase in homeworking. For this reason, many families have taken to expanding their families with pets as they've been more readily available to spend time with them and look after them. This has often been a conscious decision to also help with stress and well-…

Surviving Bear Grylls obstacle course

22/09/21

The Independent recently reported on a case involving a 54-year-old taking part in a Bear Grylls survival race. The claimant fell and suffered serious injuries to her leg and shoulder whilst using an elevated monkey ring obstacle. The defendants designed the course and managed the race. They…

VAR (Vicarious Appeal Ruling) goes in favour of the defence

21/09/21

This article explores the recent case of Blackpool Football Club Ltd v DSN [2021] EWCA Civ 1352 which in which the claimant sought to expand further the way in which a defendant can be found to be vicariously liable for the actions of non employees. The claimant brought an action in the High Court…

National Eye Health Week

21/09/21

This week is National Eye Health Week which looks at how important it is to protect our eyesight. Looking after our eyes is vital, especially during the childhood years, while the organs are still developing. Myopia, also known as short-sightedness, is thought to affect one in three people in the UK and…

The Building Safety Bill Introduced 05 July 2021

15/09/21

On Monday 5 July 2021, information relating to the Building Safety Bill was published including various supporting and explanatory documents and some draft regulations. The Bill, once passed, will introduce new and enhanced regulatory regimes for building safety in England and Wales and for construction…

Shareholders Agreement - what they are and why you need one

15/09/21

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…

Compulsory vaccinations - can workers be forced to be vaccinated?

15/09/21

No legal requirement currently exists for workers to be vaccinated, with the exemption of care workers. Many businesses, however, are considering introducing vaccination requirements, despite the fact that, in the absence of any legislation making vaccinations compulsory, any such policies could well be…

How to be prepared for the age old problem of supply and demand

15/09/21

A significant number of EU workers from the UK have left the construction industry leading to those in the industry facing a substantial shortage of workers in some specialist trades. In addition to this, more than 500,000 UK-born construction workers are expected to retire in the next 10 to 15 years…

Do it yourself? The Evolution of the Self Build

15/09/21

In Spring this year the government announced it aimed to increase the number of self and custom build homes (CSB), establishing self-building as a mainstream option. The so called "Help to Build" scheme could deliver 30,000 to 40,000 of the target 300,000 nationally required homes each year,…

Statutory Defences to Defamation

15/09/21

Due to the evolution of the Court system and the increase of internet resources, Court documents and information are generally more accessible to individuals who may wish to make a claim. It is therefore easier for a person who feels that they have been wronged to make a civil claim against those they…

Mandatory Grounds for Possession

15/09/21

Part 4 of our grounds for possession series considers ground 4 - Lets to students by educational institutions. What is the Ground 4 - Let to students by educational institutions? This ground allows educational establishments- such as universities- who let out properties to students, to be able…

UKCA Mark Adoption Easement Announced

13/09/21

It has been announced that UK firms will have an additional year to apply new post-Brexit product safety marking rules. While many firms have been using the new UK conformity assessed (UKCA) markings since 1 January 2021, companies had previously faced a 1 January 2022 deadline to switch from…

Alarm raised over remote GPs

10/09/21

On the 10th of September the Times reported on concerns raised about the deaths of six patients seen remotely by GPs during the pandemic. The reported issues included suicide, a broken leg, COVID-19 and a drug overdose. Alison Mutch, Senior Coroner for Greater Manchester highlighted five prevention…

Mandatory Grounds for Possession

06/09/21

What is the Ground 3 - Out of Season holiday let? The purpose of having this ground is for landlords who switch between genuine holiday lets and standard residential let's, although you need to bear in mind that the residential let should be for no more than 8 months long. If you have a…

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August

Deposits in flatshares- the Court's approach

24/08/21

The Courts have recently reached a decision in relation to deposits taken in flat share situations where tenants change over time, but no additional deposits are paid to the landlord. Sturgiss & Gupta v Boddy & Ors- facts The landlord, Mr Boddy, rented out a property in 2004 to 4…

The Effect of Sectional Completion on Liquidated Damages

24/08/21

The Technology and Construction Court (TCC) have, in Eco World - Ballymore Embassy Gardens Co Ltd v Dobler UK Ltd, recently held that a liquidated damages clause was neither void nor unenforceable as a result of a contract permitting the partial take over by the employer without a mechanism for reducing…

Mandatory Grounds for Possession

23/08/21

Over the course of the next few weeks, we will be looking at the grounds on which a residential landlord can rely on to take possession of their property back. Where do the grounds come from? There are 2 types of possession: via s8 of the Housing Act 1988 and via s21 of the Housing Act 1988.…

PD Rights set to be more restrictive for Office to Residentials Conversations

18/08/21

The planning laws are there to monitor what can and can't be built in certain areas to keep within the local policy and that of the country as a whole. Permitted development rights are, to some degree self-explanatory, as they are those rules that allow certain aspects of development to progress…

Q&A - Repair free period for new shared ownership leases

18/08/21

What is the "repair free" period? A new 10 year "repair free" period has been introduced by the new shared ownership model lease, during which time shared owners of new builds will receive support from their landlord to pay for essential repairs. Following this 10 year period,…

Possession Hearings

17/08/21

You've issued possession proceedings and have received a possession hearing date. Now what? What should you expect? The possession hearing is listed for a short period of time, usually around 15 minutes if the tenant has not raised any defences. As the claimant, the landlord will be expected…

A tale of two of City's transfers

10/08/21

Over the past fortnight, the transfer sagas of two footballers from their respective clubs to Manchester City have outlined the importance of a written contract. On the one hand, we have the completed £100 million transfer of Jack Grealish from Aston Villa to City; on the other the frustrated…

S Franses Ltd v The Cavendish Hotel (London) Ltd 2021

05/08/21

Determining Retail Interim Rents in a Pandemic Background S Franses Ltd leased premises on the ground floor of The Cavendish Hotel in London[HM1] . The Lease[HM2] benefitted from the security of tenure under the Landlord and Tenant Act 1954, which gives business tenants renewal rights…

Is it safe for retailers to say goodbye to masks?

05/08/21

Following "Freedom Day" customers and employees are no longer legally required to wear face coverings from Monday 19 July 2021. Masks have been a contentious issue throughout the pandemic. There is an identifiable conflict between the government advice and requirements for each retailer.…

Is the high street truly dead?

05/08/21

There is currently a downward trend in high street shopping, mainly due to an increase in shopping online. This has been accelerated by the pandemic as high street shops have been forced to close and ultimately improve their online services to retain customers. The impact has been so great that, in 2020…

Employee Ownership Trusts within the Retail Sector

05/08/21

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, often appointing an advisory council and…

What is drop-shipping?

05/08/21

Drop-shipping is a form of supply chain management, whereby a secondary retailer (the "drop-shipper"), typically taking the form of an online e-commerce platform, accepts a customer's order and, rather than holding the necessary stock to fulfil such order, it relies upon the primary…

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July

Mandatory COVID Vaccination for Care Homes

30/07/21

The Government has now passed legislation mandatory for care home staff, volunteers and certain other groups entering the care home (subject to certain exemptions). These provisions have now come into force meaning there will be a 16-week grace period from when the regulations are made to when they…

Review Hearings in Possession Claims

29/07/21

What is a Review Hearing? The review hearing is a new stage in the eviction process. After proceedings have been issued, the Court will schedule a review hearing. The purpose of this is to give the Court the opportunity to make sure the paperwork is in order and to offer the tenant an opportunity…

Forbes at Trial - Lynn O'Hanlon v Bury Council

28/07/21

Claimant fails to persuade judge of adverse weather conditions Forbes recently successfully defended a claim brought by a claimant under the Occupiers' Liability Act 1957. She said that she had slipped on the steps of a Council building that was hired out for a wedding and that the defendant…

Forbes at Trial - Was a depression in block paving a danger?

28/07/21

The judgment in this tripping claim showed the importance of accurate measurements when defending tripping on the highway claims. The claimant brought a claim as a result of allegedly stumbling and falling due to a depression in block paving on a pavement. Such minor defects are often seen on our…

ASB Awareness week

27/07/21

As part of National ASB Awareness Week, we teamed up with colleagues at The Guinness Partnership and West Yorkshire Police on Friday 23rd July 2021 to focus on locally-based initiatives for tackling cuckooing in our neighbourhoods. This partnership-focussed session was able to capture the essence…

Businesses beware - the importance of a written contract

26/07/21

One of the biggest misconceptions is that just because you do not have a document in writing means you do not have a contract. A contract does not have to be in writing. A contract simply requires: · an offer; · acceptance; · consideration (such as payment); &…

Landlord's Remedies for non-payment of rent - July 2021

23/07/21

We are expecting legislation to introduce Arbitration for Landlords and Tenants and for the ring fencing of 'COVID' arrears. 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…

Practice Direction 57AC - Trial Witness Statements and Admissibility

22/07/21

The new Practice Direction 57AC (" the PD ") came into force earlier this year in the Business and Property Courts. It applies to any trial witness statements signed on or after 6 April 2021, whether the proceedings are new or existing. The PD requires trial witness statements to…

July inquiry on housing demand

21/07/21

Chaired by Baroness Neville-Wolfe, the new House of Lords Built Environment Committee launched its inquiry on 6th July 2021 into the demand for housing in the UK and how to overcome barriers to meeting this demand. The Conversative Manifesto published in 2019 included a commitment to continue with their…

Building Safety Bill - Update

16/07/21

We are continuing to keep a close eye on progression of the Building Safety Bill through Parliament. You can view our webinar discussing the main proposals of the draft Bill here. The Bill was formally introduced to Parliament on 5 July 2021 and awaits Second Reading. Much pre-legislative…

Lockdown Liberty: How is 'Freedom Day' set to impact the Employment sector?

15/07/21

It has been confirmed this week that England will move to the final stage of easing of Covid restrictions meaning that almost all legal restrictions on social contact are set to end on Monday 19th July. But what does this mean from an employment and health and safety perspective? The guidance to…

CCTV and ASB: Do Perpetrators have a Right to Privacy?

14/07/21

CCTV and ASB: Do Perpetrators have a Right to Privacy? The Court of Appeal has recently heard a case where the defendant argued that a breach of his injunction, proved by his neighbour's CCTV, breached his right to privacy. The Court of Appeal has dismissed this argument and decided that the…

Impact of social media - the backlash for employers

13/07/21

Following the disappointment of the Euro 2020 Final, many no doubt expected they would be getting up the morning after to an influx of press articles and social media posts centred around a technical critique of the football skills on display in the final along side messages of support for the players.…

Impact of social media backlash for employers

13/07/21

On going to bed disappointed on Sunday night, many no doubt expected they would be getting up on Monday morning to an influx of press articles and social media posts centred around a technical critique of the football skills on display in the final along side messages of support for the players. Few…

Charity Fined £25,000 for Data Breach

13/07/21

The ICO has announced this week that it has fined the charity Mermaids £25,000 for failing to keep the personal data of its users secure. Mermaids is a charity which originated as a parents' support group for parents whose children were experiencing gender non-conformity. In August 2016,…

Break condition requiring vacant possession

09/07/21

Capitol Park Leeds plc v Global Radio Services Ltd [2021] EWCA Civ 995 (5 July 2021) Background This case concerned a three-storey modern commercial unit. It had been leased on 4 March 2002 for a term expiring on 11 November 2025. Clause 10 of the Lease was a tenant's break clause.…

Ending Tenancy Notice Periods

09/07/21

The most common question asked by landlords at the moment is "what's the notice period again?" Covid-19 and wreaked havoc on landlords and tenants of residential properties- not to mention keeping property litigation Solicitors on their toes with the frequent, and often last minute,…

Mandatory COVID Vaccination for Care Workers

07/07/21

The Department of Health and Social Care (DHSC) has published its response to the consultation on mandatory COVID-19 vaccination for care home workers. It confirms that vaccination will become mandatory for care home staff, volunteers and anyone else entering the care home for work purposes (subject to…

EU Settlement Scheme deadline: Right to Work Checks from 1 July 2021

07/07/21

The Home Office has published their updated guidance on carrying out right to work checks in light of the deadline to apply for the EU Settlement Scheme (EUSS) and the significant changes that accompany this. The guidance is titled ' Employer right to work checks supporting guidance ' and…

Travel and Self-Isolation - How this will Affect Schools?

01/07/21

The rules around international travel and restrictions are constantly changing, with returning to the UK from some countries currently at the time of writing this article, legally requiring a 10 day quarantine upon return to the UK. In the education sector, maintaining continuity of education for…

The rise of group data breach claims

01/07/21

The Rise of Group Data Breach Claims We are currently awaiting the Supreme Court's decision in the case of Lloyd v Google LLC . The decision will have a significant impact on the availability of damages for the loss of control of personal data, and for the viability of 'opt-out' style…

Plumbing supply company and contractor fined after building collapse

01/07/21

A plumbing supply company and its building contractor have been fined after unsafe construction work took place at the company premises in Burnley. Burnley Magistrates' Court heard that on 21 October 2018, Northwest Plumbing Supplier Limited and contractor Daniel Georghiou, carried out…

School photographs and the GDRP

01/07/21

It has been over 12 months since the ICO issued 2 reprimands against primary schools for wrongly disclosing photographs of pupils without consent (Blog: Don't get caught out when it comes to pupil photos | ICO). However, in the intervening 12-month period there is still some confusion over the…

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June

CCTV, Personal Email Accounts & Loss of Paper Files: Lessons Learned

30/06/21

Regardless of your thoughts on the actions of the government over the previous week, the tales have certainly given us some good examples of data protection in play in the workplace. The Use of CCTV in the Workplace There are a number of questions that arise from the disclosure of CCTV from…

Grandparents rights to access to children

30/06/21

When families separate it is always a difficult and stressful period for all involved particularly for the children and their extended families. As a result of a family breakdown grandparents can ultimately miss out or be excluded from vital contact with their grandchildren. Whilst the parents of…

Word of Mouth: The Law on Defamation

29/06/21

In the 21st century, with the advent of social media, it is now easier than ever for people to publicise their thoughts, feelings and opinions and make them largely available to the public. However, publicising thoughts or opinions may have disastrous consequences and may result in someone bringing…

Pressure Sore Negligence Claims

29/06/21

Pressure sores are also known as 'bed sores'. The clue is in the name, as they are often associated with being less mobile, often in a care setting. The fact that a person has been hospitalised makes them vulnerable to immobility, and it goes without saying that the patient is poorly. This…

EU Grants Free Flow of Data to the UK

29/06/21

It has been announced today that the EU Commission has approved a UK adequacy decision. This means that the EU has decided that the UK has an adequate level of data protection to ensure that personal data can safely be transferred from the EU to the UK. Following the UK leaving the EU, the EU…

Pedestrian Road Traffic Accident Claims

23/06/21

The Court of Appeal will be asked to review a decision the High Court made in February this year in the case of Gul v Mcdonagh , where a 13-year-old was hit by Mr McDonagh who was fleeing from the police in his car. He was doing 45 in a 20 zone. There were speed bumps along the road. On the face of…

ICO Cracks Down on Marketing Emails and Texts

23/06/21

Over the last month, the ICO has announced it has fined 7 organisations for sending unlawful emails and/or text messages. The ICO has taken action against the following organisations: · American Express - fined £90,000 for sending marketing emails to its customers without…

Teacher Assessed Grades & Requests for Information

22/06/21

Teacher Assessed Grades and Requests for Information The ICO has recently published guidance for schools regarding what information they should publish proactively in order to comply with the Freedom of Information Act 2000 (FOIA) - ICO's blog on its information rights work | ICO. Public…

Good Landlord Guide Part 2 - Gas Safety

22/06/21

What are the responsibilities of a landlord? A landlord is legally responsible for the safety of the tenant. The landlord is responsible for:- · Repairing and maintaining gas pipework, flues and appliances · Ensuring that an annual gas safety check is carried out on…

ICO Cracks Down on Marketing Emails and Texts

22/06/21

Over the last month, the ICO has announced it has fined 7 organisations for sending unlawful emails and/or text messages. The ICO has taken action against the following organisations: · American Express - fined £90,000 for sending marketing emails to its customers without valid…

First Homes Scheme - just what will its effect be?

22/06/21

The First Homes scheme, launching in June 2021, is a mechanism for selling discounted affordable housing to first-time buyers - it does not apply in Wales or Scotland; and to reserve it for those most in need, it won't apply if the buyers' combined household income is over £80,000, or &…

The ban on evicting commercial tenants to be extended

22/06/21

The ban on evicting commercial tenants was due to be lifted on 30th June 2021, however the government announced on 16th June 2021 that this will be extended to 25th March 2022 to help those worst affected by the pandemic and who are still suffering due to ongoing restrictions. The government is…

Good Landlord Guide Part 3 - Electricity

22/06/21

What are the responsibilities of a landlord? Landlords must make sure that their properties are safe. Landlords are required to have electrical installations inspected and tested by a qualified person. Landlords must obtain an Electrical Installation Condition Report (EICR). This is provided…

Developments: Are you Overreaching?

22/06/21

The recent findings in the case of Knight v Fernley and another [2021] EWHC 1343 (Ch) (19 March 2020) are a stark reminder of the importance of registering plot transfers on a development prior to any common areas being transferred to a management company or other third party. In this case, a…

The Building Safety Bill and Fire Safety Act 2021 - Are You Prepared?

22/06/21

Building Safety Bill The government published its Building Safety Bill in July 2020 to respond to long-standing concerns surrounding fire safety, quality and competence, and to respond to recommendations from the Hackitt review which concluded that the whole system needed major reform. The…

Tyne Wear Metro operator fined £1.5 million following death of employee

21/06/21

Tyne Wear Metro operator, Nexus, has been fined £1.5 million after pleading guilty to an offence under the Health and Safety at Work etc. Act 1974., for failing to ensure the safety of staff. The fine follows the death of a Nexus employee at the company's South Gosforth depot in July 2014…

Repairing obligations - change implemented during lockdown deemed reasonable

21/06/21

The world has changed since the initial lockdown in March 2020, and you would be forgiven for forgetting how severe the restrictions were during that time. Claims arising during that period are now beginning to make their way before the Courts and District Judge Gribble sitting at Middlesbrough…

School fined after worker injured in fall from ladder

21/06/21

Southend High School for Boys Academy Trust has been sentenced after a worker fell from a ladder. Chelmsford Magistrates' Court heard how, on 19 February 2019, the injured person was using an unsecured ladder at the school to dismantle a canopy roof when the ladder slipped, causing the worker…

New Academy Trust Handbook

18/06/21

The 2021 edition of the Academy Trust Handbook (currently known as the Academies Financial Handbook) has just been released and is due to come into effect from 1st September 2021. The new name is just one of a number of changes in the 2021 edition which include practical reminders, clarification…

School Uniform Policies - How to Avoid a Dispute

18/06/21

Disputes over school uniform policies and the enforcement of them are common, controversial and usually gain unwanted publicity. It is therefore important for a school to know what legal considerations it must take into account when formulating their uniform policies and also how best to resolve a…

Teacher Assessed Grades and the Freedom of Information Act

18/06/21

The ICO has recently published guidance for schools regarding what information they should publish proactively in order to comply with the Freedom of Information Act 2000 (FOIA) - ICO's blog on its information rights work | ICO . Public authorities (such as maintained schools and academies)…

Financial Entitlement on Divorce

17/06/21

Upon facing the realities of a marriage breakdown, our family law team find that clients main concerns are that of the matrimonial finances. Whether you are the party wanting to protect assets or the party in a more vulnerable financial position, you will want to know what a financial agreement will…

Lifting of Winding Up Petition Restrictions

17/06/21

Whilst the next stage of restrictions has been extended to get the country out of lockdown, the current moratorium in respect of winding up petitions against companies is still due to end on 30 June 2021. Since the moratorium came into effect in 2020 there has been significant restrictions in…

County Court Judgments

16/06/21

The Prime Minister's finances have been the subject of public focus surrounding the recent local Government elections. However, the most recent headlines have been focusing on a County Court Judgment in the Prime Minister's name in relation to a defamation case which was brought against him by a…

Good Landlord Guide Part 1 - Deposits

11/06/21

If you rent your property on an assured shorthold tenancy, that started after 6 April 2007, the Tenants deposit must be registered with a deposit scheme provider, the funds paid into the scheme within 30 days of receipt and the Prescribed Information provided to the Tenant Who can I use to protect…

Right to Roam & Animals

08/06/21

Covid has confined us to our local areas, footpaths are well worn and the public are likely to continue enjoying their outdoor activities as we all move on. The large increase in the use of public rights of way has caused a number of headaches for farmers and landowners particularly when the same land…

Divorce in a World with Cryptocurrency

08/06/21

Cryptocurrency came into existence not long ago with the most popular, Bitcoin, coming into existence on 3 January 2009 by the mysterious Satoshi Nakamotu. To this date, no-one knows exactly who this mystery person is. It began with mining block zero which has a reward of 50 bitcoins and here sprang a…

Financial Support for Manufacturers and Avoiding Insolvency

07/06/21

In response to COVID-19, the Government introduced a number of support packages in order to ease the financial burden on businesses. Now that Government restrictions are easing, life is beginning to return to some semblance of normality, however, businesses may struggle in getting back on track as the…

Rising Cost in Raw Materials Prices from Suppliers - Strategies to Address?

07/06/21

The UK is facing unprecedented increases in the cost of key raw materials, which has been felt across several businesses. Not to mention the already existing pressures caused by Covid-19 and Brexit, this is yet another issue manufacturing companies are facing across the UK, resulting in disruption…

Manufacturing - a working world

07/06/21

Several senior leaders in the manufacturing industry have noted modest or even significant growth throughout the global pandemic. Due to the nature of the market, the unprecedented supply of manufactured products has accelerated an increase in demand for products and economic growth, as a result, we…

North West businesses: returning to normality

07/06/21

The UK manufacturing sector has had a very mixed response to the Covid-19 pandemic, with some businesses struggling, and others thriving, either due to being in key sector supply chains or by being able to pivot to adapt to the "new normal". As we start to near the beginning of the end of this…

Divorce & Pensions

04/06/21

In this article Sarah Robson, one of our family law specialists, considers how pensions are treated in a divorce. In most divorces pensions are one of the main assets of a marriage, usually second only to the family home. If you are facing a divorce it is vital to give proper consideration to…

When is a gift not really a gift?

03/06/21

Inheritance tax (IHT) is a tax on the estate (property, money and possessions) of someone who has died, it can also be payable when making certain lifetime gifts. Most people who think their estate would be liable to IHT want to pay the least amount of tax possible when they die and want to look at…

New Graduate route now open to international students

02/06/21

The new, long-awaited, Graduate route?is now open under the UK's points-based immigration system. It is for international students, including EEA students without settled or pre-settled status, who want to work in the UK following the successful completion of a degree at undergraduate level or above…

Separated Parents: Considerations when deciding on your child's school

02/06/21

Choosing a school for your child has to be one of the most important decisions you will make for them as a parent or guardian. A school has the ability to shape your child's development and influence their future and therefore finding the right 'fit' for your child is of fundamental…

Personal Representatives Obtaining a Beddoe Order

01/06/21

It has become increasingly common for personal representatives of an estate to find themselves in a position where they are required to bring or defend a claim against a third party. In these circumstances, it is possible for a personal representative to be reimbursed from estate for the costs they…

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May

Pub owner jailed over boy's electrocution death

28/05/21

A pub landlord has been handed a nine-year prison sentence for gross negligence manslaughter after a child was electrocuted in a beer garden. Harvey Tyrell, 7, died from an electric shock after he touched a defective lighting fixture at the King Harold pub in Romford, Essex, on 11 September 2018…

Manufacturing company fined after an apprentice suffers life-changing injury

28/05/21

A manufacturing company has been fined after an apprentice's hand was caught in machinery. A 17-year-old apprentice, who had been working at Amber Industries Limited in Oldham for 18 months, was reaming workpieces using an unguarded pillar drill whilst wearing gloves. The glove on his right…

Claimant's errors on issue lead to successful strike out

28/05/21

A recent County Court decision we ran on behalf of our client, the Co-operative Group Ltd, shows the importance of carefully considering procedural points when served with proceedings. Whilst judges have cautioned time and time again against taking petty procedural points, the Claimant's…

Hotel chain fined after a guest fell 6 feet through rusty railings

28/05/21

Failing to adhere to health and safety standards can be a very costly mistake to make, as the owners of the Britannia Hotel in Southport recently found out. The hotel chain was fined £80,000 after a guest sustained life-changing injuries when she fell through rusty iron railings to a…

Case analysis - Dynamic Risk Assessments

28/05/21

What is needed to enable a defendant to successfully say that they relied on a dynamic risk assessment rather than to have specifically risk assessed every task? This question arose in two cases over the last 6 months that help identify the issues that need to be considered. The first is the…

£120,000 Fine for Manufacturing Company Following Machine Incident

28/05/21

A Lancashire based manufacturer of plastic-coated fabrics has been fined after an employee's hand was drawn into an unguarded part of a machine, resulting in the surgical amputation of three fingers. Manchester Magistrates' Court heard that on 20 August 2019, a machine operator at the Earby…

Be Prepared with a Lasting Power of Attorney

27/05/21

The pandemic has brought to light the importance of having measures in place to enable your family to access and manage your finances in the unfortunate case that you are unable to do so yourself. It's not an easy conversation to have but it really does pay to plan ahead and set up Lasting…

A Sting in the Tail - What to look for in a Cauda Equina Syndrome Case

26/05/21

Cauda Equina syndrome is a rare and severe type of spinal stenosis. It occurs when the nerves in the lower back become severely compressed. It's sometimes a result of a prolapsed disc bulge and requires urgent hospital admission and timely surgery. The longer it goes untreated, the greater the…

Retinal Detachment

25/05/21

Retinal detachment is a serious condition which can lead to blindness if not dealt with quickly. Common complaints are floaters, flashes or shadows. Most people will contact there optician in the first place. We have dealt with a number of cases in recent times where opticians have failed to appreciate…

Baby death raises questions over maternity care

21/05/21

The BBC have reported on a shocking baby death during delivery at the Doncaster Bassetlaw Teaching Hospitals NHS Foundation Trust. A request for information by BBC's Panorama Program raised significant safety concerns. The mother of Clay Wankiewicz was admitted to Doncaster Infirmary last…

All change - New notice periods and forms

20/05/21

What's new? Two sets of regulations have been laid before Parliament, which have brought further changes to the notice periods to be given in respect of possession proceedings for residential tenancies and the corresponding forms of notice to be served by landlords. To give them their long…

The Rise in Claims against Estates

20/05/21

When someone dies those left behind often have a strong desire to seek expert legal advice and support to decide whether to bring or to defend a claim against the estate. Disputes concerning the administration or the distribution of trust funds or a deceased persons estate are rising. Reasons include…

AI radiographer will lend a hand with wrist injuries

19/05/21

The Times newspaper recently reported advances in artificial intelligence (AI) to help detect fractured bones that might otherwise be missed by radiologists. This sounds like an exciting development, particularly in relation to wrist fractures, where a fracture of the scaphoid bone is often…

Education Q&As

18/05/21

Our education team regularly run free, Q&A sessions via Zoom which gives attendees the opportunity to ask any questions that may be relevant to them at the time. Please see below a summary of some of the questions that we have been asked most recently and our responses. How long should a phased…

Sexual harassment in education- what is happening?

18/05/21

The House of Commons Library has just published a briefing paper on sexual harassment in education in England (link : https://commonslibrary.parliament.uk/research-briefings/cbp-8117/ ) It seeks to supplement existing statutory guidance ('Keeping Children Safe in Education Jan 2021')…

Whiplash Claims Portal

18/05/21

It is reported that the new 64 page guide on how to run your own whiplash claim is " Hopelessly complicated " The government are about to introduce some changes severely restricting the right to claim compensation for Road traffic whiplash, fixing the compensation payable to £240…

Construction Framework Review Should Push Playbook

18/05/21

What must the government's independent review of construction frameworks consider to benefit both the public sector and contractors. An independent review of public sector construction frameworks should have happened before the publication of the Construction Playbook and should take a project-…

EU Settlement Scheme- How does the scheme affect Registered Providers?

18/05/21

"Free Movement" to and from the EU ended on 31 December 2020. As a result of this, new rules came into force on 1 January 2021 which affect who can receive help with benefits, housing allocation and homelessness. EU, EEA and Swiss citizens and their family members must now apply to the EU…

Presenter sues BBC for £4m over crash test

17/05/21

The Times newspaper recently reported that a former BBC presenter was presented a multimillion-pound compensation after suffering whiplash while imitating a car crash in a science program Jem Stansfield was filming, Bang goes the theory, in 2014 when he was strapped to a cart and catapulted along a…

Unconscious Bias awareness as a drive for change

14/05/21

Unconscious bias has become a buzz word over recent months in HR, but what does it actually mean? And what is its impact on the education sector? It's such a soft concept that it is difficult to ascertain its application and the necessity and means to minimise and prevent its impact. The…

Developing risk areas for litigation- horizon scanning

14/05/21

Risk management has never been so important, and to thrive, educational establishments need to be prepared to embrace the challenge of identifying areas of risk, and then working to creatively manage them. Any establishment prepared to identify and mitigate risk will create a healthy culture that…

Misrepresentation: What is it and what remedies are available?

14/05/21

As a result of the global pandemic, a significant number of UK companies have had no option but to substantially reduce their operations or completely cease trading and close their doors. Whilst certain companies have managed to continue to operate throughout the last year, Covid-19 has resulted in a…

Mental Health Awareness Week

14/05/21

You arrive at depression, anxiety and suicidal ideation when you can't escape an issue in your head, be the pain of fibromyalgia, or a trauma, or any other pressing issue. Mental Health Awareness Week presents an opportunity to look at how society and health services manage these issues. The…

Planning for your future - Using a professional

14/05/21

Dying Matters Awareness Week (10-16 May) seeks to encourage people to talk more openly about death, dying and bereavement. Part of that conversation is about planning ahead for the future, which can make the end of life experience a little easier for yourself and your loved ones. To ensure your…

Adjusted Right to Work Checks to end on 20 June 2021

13/05/21

The Home Office has announced that from 21 June 2021, the concession on Right to Work (RTW) checks, permitting employers to conduct RTW checks via video, will end. The amended checks were due to end on 17 May 2021, however the Home Office confirmed shortly beforehand, on 12 May 2021, that their…

No Lasting Power of Attorney in place - Applying to the Court of Protection

13/05/21

Yesterday's blog as for Dying Matters Awareness Week (10-16 May) was about Lasting Powers of Attorney. Dying Matters Awareness Week encourages people to talk about death, dying, bereavement and to plan for the future. Sometimes, unfortunately, advance planning is not done. If a person loses…

Melanoma Skin Cancer Awareness Month

12/05/21

Melanoma UK have launched a public awareness campaign urging people to go on the hunt for the estimated missed 4,358 melanomas missed during the pandemic.* Melanoma is a type of cancer that starts in skin cells called melanocytes which make a pigment called melanin which gives the skin it's…

The Two Types of Lasting Power of Attorney

12/05/21

As part of Dying Matters Awareness week (10-16 May) we are encouraging people to talk about dying and the importance of planning for later life. Unfortunately, situations can arise whereby people become unable to manage their own affairs, whether that be due to mental or physical incapacity.…

New form of Notice Seeking Possession - but not all is what it seems

11/05/21

A new prescribed form of Notice Seeking Possession (under section 8 of the Housing Act 1988) has been introduced. Landlords in England are required to use this latest form for any Notice Seeking Possession served on or after 04 May 2021. It has no effect on landlords in Wales. Below is a link to…

Domestic Violence & Mental Health Awareness Week

11/05/21

Domestic Abuse has a huge impact on peoples mental health. Domestic abuse isn't always physical and can often be mental abuse. According to the Office for National Statistics, it is estimated that over a 12-month period to year ending March 2020, approximately 2.3 million adults aged 16 to 74 years…

The Various 'Myths' Around Making a Will

11/05/21

This week (10-16 May) is Dying Matters Awareness Week and Forbes are discussing issues surrounding death, dying and planning for your future. One important step to prepare for dying, death and bereavement is making a Will . Many people put off making a Will because they do not like to talk about…

Looking After Your Mental Health Post Lockdown #MentalHealthAwarenessWeek

10/05/21

It is important now more than ever to look out for signs of mental health problems, identify symptoms and to be there for anyone struggling. As a result of the pandemic, Dr Adrian James, President of the Royal College of Psychiatrists warned of an escalating mental health crisis " As a result…

Dying Matters Awareness Week 2021

10/05/21

This week (10-16 May) is Dying Matters Awareness Week, organised by the Dying Matters Coalition to encourage people to talk openly about dying, death and bereavement. The pandemic has seen a surge in deaths, with more than 1,000 extra people dying at home each week. Most of us feel uncomfortable talking…

Health & Safety - 'protection from detriment' extended to workers

07/05/21

Currently, under s44 of the Employment Rights Act 1996, an employee can bring a tribunal claim if they have been subjected to a detriment because they reasonably believed that being at work would place them (or someone else) in serious, imminent danger. Employees also enjoy protection from unfair…

A new tax and levy on residential property developers in 2022

07/05/21

On the 10 February, the Government announced its strategy to improve nationwide building safety, following the continuing fallout from the Grenfell disaster. A pivotal part of the strategy was the announcement of a further £3.5 billion funding to help facilitate the removal of unsafe cladding. It…

The IR35 and its impacts!

07/05/21

HMRC has recently extended the 'off-payroll working rules' - commonly referred to as the 'IR35 rules' - to the private sector, in order to tackle scenarios in which some contractors took advantage of the tax efficiencies of providing their services through a limited company or another…

Spring clean your business

07/05/21

Properly preparing your business for sale takes time, which means you need to start planning for a sale well in advance. However, you never know when an offer might come along that is too good to pass up - would your company be in a position to be sold at short notice? If not, this is the best time…

Landmark Domestic Abuse Bill Receives Royal Assent

06/05/21

Last week, on 29th April, the Domestic Abuse Bill received royal assent. The Domestic Abuse Bill will provide protection to millions of victims of domestic abuse and strengthen measures to tackle the perpetrators of domestic abuse. The government have worked closely with the Domestic Abuse Commissioner…

Bill and Melinda Gates Divorce

04/05/21

The breaking news today is that Bill and Melinda Gates are set to divorce. After 27 years of marriage and three children it has been revealed that the couple's marriage has irretrievably broken down and they " no longer feel able to grow as a couple ". Interestingly the couple did not sign…

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April

Case Comment - Procter v Procter

30/04/21

The recent case of Procter v Procter dealt with the situation where a property owner wishes to grant a lease to both themselves and a third party jointly. In Procter, a family farm was owned by trustees and was farmed by a partnership consisting of the trustees and other family members, without any…

Local Authority not liable for Bryn Alyn Abuse

26/04/21

Decision: the relationship between the abusive employee and the placing authority was not akin to employment and the duty of care owed by the authority to the claimant was not non-delegable. In the case of SKX v Manchester City Council (2021) EWHC 782 (QB) handed down on 31st March 2021 Cavanagh…

School fined after member of the public sustains fatal head injury in fall

26/04/21

A school has been fined after a member of public tripped over a retaining wall and sustained a fatal head injury. Peterborough Magistrates' Court heard how on 17 February 2017, a family member attended The Leys & St Faith's Foundation School in Cambridge (an independent school) to watch…

Practical consideration of whiplash reforms process

26/04/21

We have previously reported on the long awaited MOJ reforms for whiplash claims arising from road traffic accidents. The Government initially announced the reforms back in 2015 and they are now, at long last, to come into force on 31 May 2021. The Pre-Action Protocol for Personal Injury Claims…

TiKTok Faces Claim for Billions Over Use of Children's Data

23/04/21

It has been reported today that TikTok are facing a legal claim on behalf of millions of children in the UK and the EU. The claim is being backed by England's former children commissioner over how TikTok collects and uses personal data. The claim will allege that TikTok collects personal data…

How 'blended use' spaces can be used to revitalise the high streets

23/04/21

Whilst the decline of the traditional high street has been much publicised over recent years, Covid-19 has likely accelerated the changes to how high street property is utilised in the long-term. One of the main challenges for city centres in a post-restrictions world will be how its property can be…

Collecting Staff Vaccination Data

20/04/21

As the lockdown restrictions begin to ease and employers are making plans for staff to return to the office, we have been contacted by a number of RP clients to ask whether or not it is lawful to collect information from staff about whether or not they have been vaccinated against Covd-19. The…

Enfranchisement and lease extensions for shared owners

20/04/21

The Housing (Shared Ownership Leases) (Exclusion from Leasehold Reform Act 1967 and Rent Act 1977) (England) Regulations 2021 (SI 2021/212) (Regulations) were made on 1 March 2021 and came into force on 1 April 2021. The Regulations amend Schedule 4A of the Leasehold Reform Act 1967 (LRA 1967) and…

Pre-pack Sales to Connected Parties - The New Evaluator Process

16/04/21

As of 30 April 2021, an administrator will not be able to make a 'Substantial Disposal' to a 'Connected Person' within the first eight weeks of the administration, unless they have obtained either: · An independent written opinion (positive or negative) ·…

MATs: are they all that?

08/04/21

The difference between SATs and MATs is vast, from their structure to their functionality. They are different legal beings. The Government is pushing towards MATs and if you are a SAT you will be expected to have a strong case for staying that way. These are some of the key factors you should consider…

#BowelCancerAwarenessMonth A Guide to Bowel Cancer

07/04/21

What is Bowel Cancer? Bowel Cancer, also known as Colorectal cancer includes large-bowel cancer (colon cancer) and rectal cancer. The large bowel has five sections (ascending colon, transverse colon, descending colon, sigmoid colon and the rectum). Cancer develops as a result of cells changing and…

#BowelCancerAwarenessMonth - Not just an older person's disease

07/04/21

Bowel Cancer is the fourth most common cancer in the UK and the second biggest cancer killer*. On the 28th of August 2020, Chadwick Boseman Star of 'Blank Panther', died aged 43 after a four-year battle with colon cancer, a stark reminder that colon cancer is not just an older persons disease…

Local Authority not liable for Bryn Alyn Abuse

01/04/21

Decision: the relationship between the abusive employee and the placing authority was not akin to employment and the duty of care owed by the authority to the claimant was not non-delegable. In the case of SKX v Manchester City Council (2021) EWHC 782 (QB) handed down on 31st March 2021 Cavanagh…

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March

Changes to the Right to Buy policy - does it go far enough?

30/03/21

The proposed changes to the Right to Buy (RTB) policy put forward by the housing sector a couple of years ago has been published by the government in recent weeks. While the changes are welcomed, experts in the housing sector are of the view that an opportunity has been missed to go even further.…

Ban on evictions is extended - again!

30/03/21

The Public Health (Coronavirus) (Protection from Eviction) (England) (No. 2) (Amendment) Regulations 2021 were due to be in force until 31 March 2021. That has now been extended to 31 May 2021. To recap, the Regulations ban most evictions unless the notice, writ or warrant of possession relates to…

Funeral and Burial disputes: Who has the final say (with or without a Will)?

30/03/21

Undoubtedly, a death in the family is an extremely difficult and challenging time. With emotions running high, focus quickly turns to ensuring funeral and/or burial arrangements for the deceased is done in the best possible way, in accordance with respecting the deceased's wishes and values. By…

Homeownership now more attenable - as Stamp Duty Holiday Extension announced?

29/03/21

On 8th July 2020, the Chancellor of the Exchequer announced a temporary stamp duty holiday for properties in England and Northern Ireland that cut the rate of stamp duty to zero percent for all properties £500,000 or under until 31st March 2021. Rishi Sunak has now confirmed an extension until…

Protection for domestic abuse victims

26/03/21

According to the Crime Survey for England and Wales, in the year ending March 2020, an estimated 5.5% of adults who were aged 16 to 74 years experienced domestic abuse in the last year. This number equates to 2.3 million people who were affected by domestic abuse in one year alone. At the beginning…

Theme park fined £1 million following fatal water ride incident

25/03/21

Drayton Manor Park Ltd has been sentenced following the tragic death of a schoolgirl on its Splash Canyon water ride in 2017. This is another high profile prosecution of a theme park, following the Lightwater Valley one that we reported on in our January 2021 E News. ( Follow this link to read our…

Forbes at Trial - Claimant v A Rollerblade rink provider

23/03/21

What does a claimant undertaking a leisure activity have to prove to successfully claim against the organiser of the activity and owner of the premises when an accident occurs, leaving him injured? This was the question in a recent claim that Forbes successfully defended which was brought by a…

At last, the whiplash reforms rules and start date are announced.

23/03/21

The new rules setting out the process for claiming damages arising from road traffic accidents (RTAs), and the tariff for damages that applies specifically to whiplash claims from RTAs come into force on 31 May 2021. They have been a long time coming, having been announced by the Government as long…

Waste and recycling company fined for safety failings

23/03/21

A waste and recycling company has been fined after an employee sustained serious injuries to his arm when it became entangled in the automatic roof sheeting mechanism of a visiting articulated truck. In April 2019 a 22-year-old labourer had been working at Johnsons Scrap Metal Limited, assisting in…

Duties of Care for Sport Governing Bodies

23/03/21

The Government's Digital, Culture, Media and Sport Committee has commenced its inquiry into concussion in sport, with specific reference to the links between head trauma and dementia, and how the risks can be mitigated. The inquiry will not deal with individual cases or comment on existing legal…

The effects of marriage and divorce on Wills

23/03/21

There is often some confusion about what happens to an existing Will in the event of a marriage/civil partnership or a divorce. Some people have made a Will before getting married, or whilst they are married and do not consider the effect that their subsequent marriage or divorce will have on the Will…

Contractual rights enforceability

18/03/21

Where a contract contains a specific timeframe for completion of a particular action, what is the position if such timeframe is missed? Does it matter if there were understandable reasons for missing the deadline? A recent Court of Appeal case makes it clear that the courts will be reluctant to…

Extension number... we've lost count

17/03/21

The Government has announced yet another extension on the ban on evictions for both residential and commercial properties. Residential Property On 10 March 2021, the moratorium on residential evictions which had been due to end on 31 March 2021, was extended until at least 31st May 2021.…

The importance of having a correctly drafted Will

16/03/21

The recent case of Davey v Bailey highlights how important it is to have a properly drawn up Will. Mr and Mrs Bailey were a married couple with no children. They had made Wills leaving everything to each other but had failed to set out what they wanted to happen after they had both died.…

Business Interruption Claims & Covid-19 - What Next?

11/03/21

Following months of uncertainty for policy holders, on 15 January 2021, the Supreme Court handed down its judgment in FCA v Arch Insurance (UK) Ltd and others [2021] UKSC 1 , an appeal from the High Court judgment in FCA v Arch Insurance (UK) Ltd and others [2020] EWHC 2448 (Comm) . The High…

Modern day contract formation - the good, the bad and the ugly of email

09/03/21

Not so long ago, companies had to deal with mountains of paperwork, meetings always held in person, and communication both internally and externally was not so easy. These days, technology has helped businesses come a long way by simplifying and streamlining how we communicate and eliminating many of…

Parking Easement

05/03/21

The crux of the case of Poste Hotel Ltd v Tracey Anne Cousins (2020) EWHC 582 concerned whether a resident's right to park supersedes a local business's right of way to enter their premises, and serves as an important reminder for why landowners must remain mindful of preventing others acquiring…

HSE updates its advice to Schools on re-opening to in-school lessons

05/03/21

With the anticipated return of children being taught at school from Monday 8th March 2021 onwards, the HSE have reminded education establishments about the mitigating measures that they should put in place to control risk from COVID-19. The HSE have confirmed that they will continue to investigate…

Expansion to Permitted Development Rights

04/03/21

The Government has introduced from 31 August 2020 an expansion of the currently permitted development rights (PDRs) and this presents an opportunity for developers to broaden their residential development portfolio, without formal planning permission. This is particularly significant given the impact of…

Same-Sex Female Parents and Parental Responsibility

02/03/21

Parental responsibility encompasses " all rights and duties, powers and responsibilities, which by law a parent of a child has in relation to that child ". This gives a parent the right to make decisions on behalf of that child such as their education, religion and upbringing. Mothers who give…

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February

Education Q&A February 2021

26/02/21

How do the changes to the off-payroll working rules (IR35) due to be introduced in April affect schools? IR35 applies when a worker or self-employed contractor provides their services through their own limited company. The rules make sure that contractors, who would have been an employee if they…

'Failure to Remove' claims - Where are we now?

25/02/21

The recent case of HXA v Surrey Council has followed a minimal number of social care cases which have made their way through the Courts following CN & GN v Poole BC. The lack of detail around these cases, and the failure of any of them to reach the higher echelons of the Court system, have left room…

Ridwaan Omar Gains NEBOSH Qualification

25/02/21

The Insurance department congratulates Ridwaan Omar on gaining his NEBOSH National General Certificate on Occupational Health & Safety. Ridwaan acts on behalf of numerous organisations in defending Employers' and Public Liability insurance claims. He also has considerable experience of…

Interesting Changes to Part 36 - Defendants beware!

25/02/21

Rule changes to Part 36 offers mean that defendants need to be even more wary than before of the terms of Part 36 offers made by claimants. The Civil Procedure (Amendment) Rules 2021 which come into effect from the 6 April 2021 amend Part 36 with a new rule 36.5 (5) which says that Part 36 offers…

Forbes at Trial - Causation arguments successful

25/02/21

The claimant sued the defendant council following what she said was a fall on the pavement as she was walking back from the school where she had collected her children. She alleged that there was a missing flagstone. The claim was brought pursuant to the Highways Act 1980 for breach of S41, the…

Newsflash: Uber drivers are 'workers' holds Supreme Court

25/02/21

Earlier today, the Supreme Court handed down its long-anticipated judgment in relation to the action brought against Uber by drivers claiming to be workers as opposed to self-employed contractors. The judgment provides the answer to whether 'gig economy' workers can be classed as 'workers…

Intellectual Property Update

24/02/21

January 2021 saw the beginnings of the post-Brexit transition period in the UK, and whilst this has impacted some elements of the intellectual property landscape across the EU, Forbes' Intellectual Property team have continued to assist a range of clients across various areas of both contentious and…

The Launch of the New Homes Quality Board

24/02/21

New build properties often get bad press with stories of poor quality making the headlines, highlighted in the recently published story of the Developer who was forced to rebuild all four external walls of a property. The New Homes Quality Board (NHQB) has launched this week, led by Natalie Elphicke…

Merseyside County Lines & Social Housing Conference

24/02/21

Forbes' Merseyside County Lines & Social Housing Conference took place over two days on 9th and 10th February 2021 in conjunction with Merseyside Police. With over 400 attendees across the two day conference, it was clear to see the importance of tackling cuckooing and county lines across…

Supreme Court Uber decision - what does this mean for social housing?

24/02/21

Earlier this month, the Supreme Court handed down its long-anticipated judgment in relation to the action brought against Uber by drivers claiming to be workers as opposed to self-employed contractors. The judgment provides the answer to whether 'gig economy' workers can be classed as '…

Eviction Ban extended to 31 March 2021

24/02/21

The Housing Secretary, Robert Jenrick, has announced the ban on evictions, save for exceptional cases, will be extended to 31 March 2021. It had been due to end on 21 February so we expect to see updated Regulations released shortly. There were some changes to the exceptions when the ban was…

Choosing and Implementing Building Warranties / Insurance

24/02/21

Building insurance / warranties are an essential consideration for any development. There are a variety of providers available, all with their own products and add-ons which should be considered to ensure you choose a policy which suits your development's needs. It is important to have discussions…

Newsflash: Uber drivers are 'workers' holds Supreme Court

23/02/21

The Supreme Court handed down its long-anticipated judgment about the action brought against Uber by drivers claiming to be workers as opposed to self-employed contractors. The judgment provides the answer to whether 'gig economy' workers can be classed as 'workers' for the purposes of…

Victoria Coe -v- Dr Manjooran -

23/02/21

This was a Clinical Negligence claim against the Claimant's GP for failing to identify an abdominal condition, despite carrying out blood tests and failing to advise the Claimant of the results which resulted in her being admitted to Hospital for emergency treatment and surgery, where she was an…

How commercial tenants can utilise break clauses to their advantage

23/02/21

The implications of Brexit and the ongoing Covid-19 pandemic have meant that most businesses are carefully considering all costs and risks to their business, including costs and risks associated with properties that they own or occupy. Tenants may wish to carefully consider their existing obligations…

AI in manufacturing and engineering and intellectual property considerations

19/02/21

At its' core, artificial intelligence (AI) is a form of computer science which involves the development of programmes to enable tasks to be completed which would otherwise require human intelligence. AI algorithms can be used for tasks including problem solving, logical reasoning and understanding…

Insurers urged to pay Covid-19 BI claims following Supreme Court ruling

19/02/21

Businesses in the manufacturing sector, like many others, have been hit hard by the Covid-19 pandemic with the profound operational challenges that it has presented. The scale of the pandemic's impact, including factory closures and unprecedented disruption to supply chains, has knocked companies…

Death of a shareholder: what happens to the shares?

19/02/21

When a shareholder of a company sadly passes away, many questions are brought up surrounding what happens to the deceased's assets. In this blog, we walk you through what useful steps can be used to transfer shares from the deceased shareholder. Relevant documents relating to the shares:…

Housing Possession Mediation Pilot Scheme

17/02/21

The government has launched an independent Housing Mediation Pilot Scheme. This is on behalf of the Ministry of Justice (MOJ) and will be funded by the Government. The service is in response to COVID 19 and will be a service to run along side all possession claims as they progress though the Court…

Restrictions on residential evictions to continue until 31 March 2021

17/02/21

On the 14 February 2021, the Housing Secretary, Robert Jenrick, announced that the current restrictions on residential evictions would continue until the 31 March 2021. This means a writ or warrant of possession cannot be executed for certain scenarios including anti-social behaviour, domestic abuse…

Coronavirus (COVID-19): Guidance for children's social care services

17/02/21

The Coronavirus (Covid-19) global pandemic is non-discriminatory and has affected every single person all over the world in varying ways. Unsurprisingly, when the national lockdown came into force in England in March 2020, the country stood still and the majority of workers, students and children…

Can a child be guilty of contributing evidence?

17/02/21

From time to time we hear about terrible injuries suffered by a child when they are hit by a car. There are regular campaigns to reduce speed limits in built-up areas. The law imposes a heavy duty on the car driver, particularly in built-up areas where children might be playing, areas around sports…

Speeding motorcyclist, overtaking a van after taking drugs wins 20% liability

15/02/21

The recently reported case of KYRIACOU v FINCH (2021) QBD (Judge Nigel Bird) 29/01/2021, in the Queens Bench Division of the High Court found in favour of a motorcyclist who had been riding his bike at approximately 55 mph. It was dark, his head light was on. As he overtook an Asda van, the defendant,…

Public Sector Exit Payments Scrapped

15/02/21

The Treasury has recently announced that long proposed cap on Public Sector Exit Payments (the Cap) which came into force on 4th November 2020 has been withdrawn effective from 12th February 2021 due to "unforeseen circumstances". Therefore any exit payments made after 12th February 2021…

Extra £3.5billion to fix unsafe cladding

11/02/21

The government has revealed that it is investing an extra £3.5billion in addition to the £1.6billion already pledged towards the removal of unsafe cladding in high-rise buildings which are taller than 18 metres. This will mean that leaseholders in such buildings will not be charged "for…

VAT on lease break payments

11/02/21

In September 2020 - following two important judgments delivered by the Court of Justice of the European Union - HMRC published its Revenue & Customs Brief 12 (2020) which contained updated guidance on the position of VAT on payments made in relation to the termination of contracts. The crux of…

Hospitals Failing to Test for Deadly Pregnancy Bacteria Group B Strep

10/02/21

Last week The Times reported on the issue of UK hospitals failing to carry out a test to check whether pregnant women have the potentially deadly bacteria Group B Strep, despite guidelines from Public Health England and the Royal College of Obstetricians and Gynaecologists (RCOG). The test costs just…

National Apprenticeship Week

10/02/21

National Apprenticeship Week began on 8 February. This year's theme is 'Build The Future.' With 20 years of experience in progressing employees through apprenticeships, Forbes Solicitors has helped build futures and this year has been no different and has been as successful, despite the…

The Fundamental Test for Clinical Negligence and How It Has Evolved.

03/02/21

There is a distinction between a complaint and a clinical negligence claim . The NHS Complaints Procedure can address the former, but if a claim for compensation is required it is done through legal action. There is a threshold test from a case of Bolam v Friern H.C.C (1957), which has formed…

Snowballs and Haircuts Prove Expensive in Lockdown.

02/02/21

There was a band in the eighties that went by the name of Haircut 100. Well make that in today's money Haircut 200. You may have heard the news that 31 Metropolitan Police Officers face fines of £200 each for taking part in a mass haircutting marathon which was in clear breach of Covid…

Data breach claims and the rogue employee

02/02/21

The recent case of Morrison's v others concerned Mr Skelton, a former employee who had been disciplined for minor misconduct. As a consequence, he developed an irrational grudge against Morrison's which led him to publish on the internet, the names, addresses, gender, date of birth, phone,…

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January

Data Protection Update

28/01/21

December was a busy month for those involved in data protection compliance. Therefore, we've set out a short summary of the most relevant updates for our education clients. Brexit As you will no doubt have heard, the UK and the EU reached a trade and cooperation agreement on Christmas Eve…

COVID-19 mass testing: Can we require staff to conduct testing?

28/01/21

As many will be aware, on 17 December 2020, the Government confirmed that all secondary schools and colleges in England will be required to partake in mass testing staff and students (known as 'lateral flow' testing), with effect from 4 January 2021. With the Christmas break looming, it left…

Boohoo acquires all intellectual property rights of Debenhams in £55m deal

27/01/21

Following going into its second administration in April 2020 and subsequently into liquidation shortly before the festive period, Debenhams is one of the latest victims of the impact of the pandemic and the accelerated shift to online retailing. Nevertheless, Boohoo, leading online fashion retailer…

IR35 changes are looming for medium and large private sector organisations

26/01/21

Following a 12-month postponement due to the impacts of Covid-19, the Finance Act 2020 received Royal Assent on 22 July 2020, meaning that the forthcoming reforms to the IR35 tax legislation for the private sector are now just a matter of months away. IR35 was first introduced in 2000 with the aim…

"Building after Brexit" - the impact of the deal on the construction sector

26/01/21

It is widely considered that the Brexit deal is preferable to what would have arisen in a no-deal Brexit, and the deal has been cautiously welcomed by many in the construction industry for providing some much sought-after clarity. Whilst the impacts of Covid are ongoing and are likely to be lasting, the…

Looking again at the defence of volenti non fit injuria in Occupiers cases

25/01/21

The defence of volenti non fit injuria provides a defence to a claim where a defendant who would otherwise be liable in negligence can show that the claimant, being fully aware of the risks, knowingly or willingly takes the risk. In doing so a claimant cannot then seek compensation for any harm that…

Whiplash Reforms delayed by a month

25/01/21

In a move likely to disappoint insurers, the reforms set to increase the small claims track limit for RTA claims to £5000 and to introduce a tariff for damages levels for whiplash claims due to come into effect in April 2021 have been further delayed until May 2021. We still await the tariff and…

Retailer fined after boy electrocuted at one of it's stores

25/01/21

Tesco Stores Limited has recently been fined £536,000 by magistrates after a 10-year-old child got an electric shock in its branch in Warfield, Bracknell. The supermarket giant was sentenced at Reading Magistrates Court on 15 December having pleaded guilty to two health and safety offences…

Dealing with Stalled Portal Claims

25/01/21

As a Partner in the Large Loss and Complex Claims Department it isn't often that portal claims cross my desk, but I received an instruction last year from an insurer client who had become increasingly frustrated by the lack of progress in a straightforward portal claim. The incident itself…

HSE update - Theme park fined after child seriously injured on a ride

25/01/21

Lightwater Valley Attractions Ltd was fined following an incident where a child was thrown from its Twister ride. On 30 May 2019, a child was ejected from the Twister ride at Lightwater Valley Theme Park in Ripon, North Yorkshire resulting in serious head injuries. An investigation by the…

What are my options if my business is owed money?

22/01/21

It is estimated that, £23.4bn worth of late invoices are owed to firms across Britain, having a huge impact on businesses' cash flow and ultimate survival. If your customer, client or retailer is leaving invoices unpaid past their due date, you may be required to step in. A great deal of…

Retailer fined after boy electrocuted at one of it's stores.

21/01/21

Tesco Stores Limited has recently been fined £536,000 by magistrates after a 10-year-old child got an electric shock in its branch in Warfield, Bracknell. The supermarket giant was sentenced at Reading Magistrates Court on 15 December having pleaded guilty to two health and safety offences…

HSE update - Theme park fined after child seriously injured on a ride

21/01/21

Lightwater Valley Attractions Ltd was fined following an incident where a child was thrown from its Twister ride. On 30 May 2019, a child was ejected from the Twister ride at Lightwater Valley Theme Park in Ripon, North Yorkshire resulting in serious head injuries. An investigation by the…

Property Possession - Frequently Asked Questions

21/01/21

Covid-19 has had a significant impact on Landlords and their ability to re-gain possession of their properties. Extensions to notice periods, stay on proceedings, a winter truce, have all played their part. Where are we now? What can a Landlord do? Here are some FAQs to help you on your way to re-…

Child Arrangements Upon Separation

21/01/21

In recent months we have seen an increase in clients approaching us for advice following a separation from their partner or spouse. Many have stated that the pressures of the lockdown and the restrictions have negatively affected their relationship, resulting in the decision to separate. Separating…

Pursuing an Inheritance Act Claim after the time limit - Thakare v Bhusate

20/01/21

In 2020, the High Court handed down a judgement in the appeal case of Thakare v Bhusate [2020] EWHC 52 (Ch). The case involved an out of time claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (the Act). The case is significant as the…

Where there is blame - there is the risk of a claim

19/01/21

In these unprecedented times retailers are often looking at alternative methods of delivering services to maintain a viable business and seeking to survive the challenges that the current pandemic presents. Accidents and subsequent claims can be time consuming and expensive for retailers even when…

Heading in the Right Direction - The virtues of detailed Heads of Terms

19/01/21

It is the end goal of any lease transaction to achieve an agreement that satisfies both parties' needs. The lease will dictate the complex contractual relationship between the parties to a transaction and so it is essential that all of the key points are addressed. However, at the root of any…

Covid Relief 2021

19/01/21

As the scourge of Covid-19 continues to disrupt and reshape our daily lives, the Chancellor of the Exchequer, Rishi Sunak, announced a further £4.6bn relief package for businesses in the retail and hospitality sector on 5th January. The government's support package comes in the form of a…

Keep up with customers' changing habits

19/01/21

Many high streets and city centres were struggling under the weight of customers' shift towards online shopping even before the pandemic hit. However, by virtue of forced closures, social distancing restrictions, potential customers working from home rather than in offices near physical stores and a…

The retail industry and the exit strategy from Covid-19

19/01/21

As we settle in to our third lockdown it might not be easy for businesses to think about the future and plan their "exit strategy". However, could this latest lockdown provide a unique opportunity for businesses to think outside the box, critique the way they operate and how they utilise their…

Acas Early Conciliation - New Rules

19/01/21

A claim to an employment tribunal must usually be made within 3 months less 1 day. This is known as the 'limitation date'. For example, if an employee wants to claim for unfair dismissal, they have 3 months less 1 day from the date their employment ended to make the claim. However this is with…

Help to Buy Equity Loan scheme is changing

19/01/21

The existing Help to Buy Equity Loan Scheme is set to be replaced with a new Help to Buy Equity Loan (2021 - 2023) on 1 April 2021. The new scheme will be extended to first-time buyers only along with the introduction of regional price limits. First-time buyers who apply for the loan must use it towards…

Data Protection Update

19/01/21

December was a busy month for those involved in data protection compliance. Therefore, we've set out a short summary of the most relevant updates for our RP clients. Brexit As you will no doubt have heard, the UK and the EU reached a trade and cooperation agreement on Christmas Eve. That…

Lockdown 3.0 - Considerations and Implications for Employers

18/01/21

On 4 January, the prime minister announced that the country would be going into the third national lockdown in less than a year and the advice reverted to stay at home except where absolutely necessary for limited legally permitted reasons. Many businesses are required to close again, and workers…

Working Hours and Managing Stressors

18/01/21

Early in 2020, in direct response to the Coronavirus pandemic, the Government amended Section 74B of the Town and Country Planning Act 1990 to provide a temporary, fast track deemed consent route for developers to apply to local planning authorities to vary existing conditions, or the details submitted…

Environment Bill - What does it mean for developers?

18/01/21

Following the UK's official departure from the European Union on 1 January 2021, the Environment Bill is set to be one of the most significant pieces of legislation introduced by the Government. The Bill as it stands will incorporate environmental protections covered in EU legislation, as well as…

Employment Law Changes 2021 - Impact on Property & Construction Industries

18/01/21

Under the new lockdown restrictions, the government has urged all employees to work from home unless they cannot "reasonably" do so. The very nature of the construction sector means that this is not possible for construction workers and so despite the tighter restrictions they can thankfully…

Cervical Cancer Awareness Week

18/01/21

During cervical cancer awareness week, it seems appropriate to highlight the benefits of this screening. The NHS estimate that if everyone attended screenings regularly 83% of cervial cancer cases could be prevented. Cervical screening currently prevents 70% of cervical cancer deaths. It is offered…

The Rescue Options if your Company is Facing Failure

15/01/21

Following reports from The Federation of Small Businesses (FSB) that 250,000 companies are at risk of closure in the next 12 months, Pauline Rigby, a partner and head of our Corporate team, looks at the restructuring options that can rescue businesses. Restructuring is often overlooked by…

Leasehold shake-up

14/01/21

In 2017, the government announced plans to tackle leasehold exploitation following an investigation by The Guardian in 2016, which found that some developers were using contracts on leasehold houses to double ground rents every 10 years, thus making it difficult for leaseholders to sell their homes on.…

Winter Truce Extended

12/01/21

With the recent announcement of Lockdown Part 3, the Housing Secretary, Robert Jenrick, has announced that the so called "winter truce" will be extended to the 21 February 2021. This means that the restrictions on executing a writ or warrant of execution or restitution, or delivering a notice…

Maintain quality of education to avoid Ofsted scrutiny

12/01/21

Last week, the education secretary Gavin Williamson stated that schools in England must continue to provide children with high-quality teaching despite the recent lockdown and school closures. The bulk of this education provision will need to be delivered by a mixture of remote teaching and in-person…

Should I Stay or Should I go? Practical Considerations on Separation

11/01/21

The year 2020 brought its own set of challenges and couples saw their relationships tested by the pressures that the global pandemic brought: financial worries, health concerns and spending prolonged amounts of time together. For some, these challenges may have exposed deeper longstanding issues that…

What will the Ockenden Report mean for maternity services and NHS England?

11/01/21

The Chair Donna Ockenden has been tasked with leading the inquiry into more than 800 allegations of poor care at the Shrewsbury and Telford Trust dating back 40 years to the 1970s. The team of experts led by Donna Ockenden will review "multiple maternal deaths, many avoidable baby deaths and many…

Education Staff Attendance at the Workplace During Lockdown 3.0

07/01/21

After the Christmas break period with schools reopening in January, unions including NEU and UNISON advised teachers not to attend the workplace and issued letters for their members to use when approaching their employers about this. In response to this advice, we advised our clients about the issues…

The Impact of Covid-19 on Competition Law

07/01/21

The leading case JD Sports Fashion plc v Competition and Markets Authority [2020] highlights the importance of regulators taking proactive steps to investigate the impact of Covid-19 on competition. Background · Following the merger of JD Sports and Footasylum in a £90 million-…

The New Year - A time for new beginnings

07/01/21

The start of any new year is renowned for new beginnings. It is gives people purpose, and you will see individuals set out with good intentions to make positive changes in their lives. With the challenges that many faced in 2020, now more than ever individuals will be looking forward to 2021 and the…

Intellectual Property Update

06/01/21

December 2020 was an actioned-packed month with a Brexit deal, more vaccine news and stricter lockdown measures to name but a few developments. It was also a busy and varied month for the Intellectual Property team at Forbes, and this update will briefly focus on some examples of how we have assisted…

When can you recover private healthcare costs in a personal injury claim ?

05/01/21

When a Claimant suffers injury they may require treatment in order to help them to recover. This is known as 'mitigation of loss' . The Claimant is entitled to obtain that medical treatment privately irrespective of the availability of state funded care. That was entrenched in the Law Reform (…

We have a deal - but what next?

04/01/21

Amid a busy festive period with the imposition of stricter lockdown measures and the approval of the latest Covid-19 vaccine was the news that a Brexit deal had been agreed. The deal, which was agreed on Christmas Eve, marked some form of conclusion to the Brexit process which has been ongoing since the…

WOW! - Are you exercising independent judgment?

04/01/21

Back in October, we highlighted the importance of directors being aware of their duties to the company and the risks that they take if they do not ( read our previous article here ). A recent case in the High Court has again emphasised the importance of a director's duties, specifically to…

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