20/12/23
Following on from the rather controversial decision of the Court of Appeal, the Supreme Court have handed down Judgment in HXA v Surrey County Council and YXA v Wolverhampton City Council [2023] UKSC 52 confirming the position that there is no assumption of responsibility and thereby no duty of care…
19/12/23
The Worker Protection (Amendment of Equality Act 2010) Bill introduces a duty for employers to take reasonable steps in the prevention of sexual harassment of their employees during the course of their employment. The Bill received Royal Assent in October becoming the Worker Protection (Amendment of…
18/12/23
A new strategy aimed at tackling the growing threat of serious and organised crime has been announced by the Home Secretary as the government steps up action to clamp down on criminal gangs operating in and against the UK. The National Crime Agency (NCA) estimate that there are at least 59,000…
15/12/23
On occasion, Siri or a Google search may well be able to answer a legal query, but the end-user needs to know whether the information online was accurate when first posted and, if so, is correct now. Lawyers spend years learning the skills necessary to carry out proper and comprehensive legal research…
14/12/23
Inheritance is becoming increasingly important in maintaining living standards because earnings have been stagnant for more than a decade is the conclusion of a report by the Institute of Fiscal Studies. Inheritance is very important in helping many people pay off debts, buy a home and/or plan for their…
14/12/23
When purchasing a business, the buyer will often undertake a level of due diligence. The due diligence process is a fact-finding exercise for the buyer to find out information about the business from the seller. The level of due diligence will usually vary depending on a number of different factors. The…
14/12/23
Many people are disappointed with the level of provision made for them by their deceased spouse. One option that ought to be considered by the surviving spouse is a claim against the estate for financial provision made under the Inheritance (Provision for Family and Dependants) Act 1975. The…
13/12/23
It is worth noting that there will be significant changes to employment law and HR in 2024 as a result of various pieces of legislation which are expected to come into force. The following gives a brief overview of the changes which are expected: The Employment Rights (Amendment, Revocation and…
13/12/23
Many businesses within the retail or leisure industry will own or control outside spaces in addition to their more obvious internal premises but when are you liable for ensuring that the outside spaces you own or control are safe? You may assume that the answer is always but in fact the law is not so…
13/12/23
The focus of product liability literature is often on manufacturers but, whilst retailers may often be able to escape liability due to the provisions of s. 2 of the Consumer Protection Act 1987, there are still scenarios in which a retailer may be found liable. As such it is sensible to ensure that you…
13/12/23
Security guards are a common sight to us all in either retail or leisure settings, particularly by entrances and exits of such businesses, but this role can often be associated with more specific risks that are less associated with other roles and functions, given their requirement to oversee the…
13/12/23
But rather than just being a famous Game of Thrones motto, this phrase should also be a reminder that now is a key time to consider the preparation for your business with regards to winter weather risks. These types of issue arise each year but accidents continue to take place and claims succeed. It may…
13/12/23
As you may have seen within the press or on our website the rules in respect of costs in civil matters changed in October 2023. My colleague Siobhan Hardy issued an article in October summarising the changes which is linked here but by way of brief summary fixed costs now apply for civil cases up to a…
13/12/23
All industries can be affected by work related upper limb disorders, such as carpal tunnel syndrome, repetitive strain injury, tennis elbow and many more, making it one of the most common causes of workplace sickness. In 2022 alone there were 470,000 workers reported to be suffering from musculoskeletal…
13/12/23
National Minimum Wage / National Living Wage In April 2024 there will be significant increases to the National Minimum Wage and the National Living Wage. This is the first time that the minimum wage has increased by more than £1 and as a result will have a significant impact on businesses,…
12/12/23
The Information Commissioner Office (ICO) has announced it has taken enforcement action against Charnwood Borough Council following an incident where the Council disclosed a woman's new address to her ex-partner who she had accused of domestic abuse. Following an investigation, the ICO has…
12/12/23
The ICO has recently published guidance specifically targeted at the housing sector setting out how data protection law can be used to prevent harm. In a blog published by the ICO, it discusses a number of common complaints it sees from the housing sector and highlights how poor data protection…
12/12/23
The Social Housing sector has received a lot of negative press attention in recent years, in particular following the tragic death of a two-year-old who sadly died due to prolonged exposure to damp and mould within his parent's property. In the wake of the inquest into the child's death which…
11/12/23
Artificial Intelligence or AI is going to be extremely prominent in 2024, both from a governance and legal perspective, but also from a business strategy point of view. There has been much discussion about AI and the impact this will have on society and businesses in the future in the form of…
08/12/23
If the local authority asks the Court to approve the interim removal of a child from its parent's care, it must prove the five-step test. The five-step test is set out in the case of C (A child) (interim separation) [2019] EWCA Civ 1998. If the test is not applied and satisfied and the Judge…
07/12/23
The Information Commissioner's Office (ICO) has recently announced its decision to reprimand Finham Park Multi Academy Trust (the MAT), after an unauthorised third party accessed and encrypted the MAT's systems. Background The MAT reported a cyber-security breach to the ICO following…
05/12/23
Environmental, social and governance ('ESG') accountability is a growing concern for businesses operating in global supply chains. ESG issues such as human rights, labour standards, environmental protection and anti-corruption are increasingly scrutinised by regulators, investors, consumers, and…
05/12/23
What are statutory registers? Statutory registers (the Registers), otherwise known as 'stat books', compromise a collection of registers/documents that contain a record of past and present information about a company. In accordance with the Companies Act 2006 (the Act), it is a legal…
05/12/23
The shareholders' agreement regulates the relationship between the shareholders and the management of the company. This private contract between the shareholders does not need to be filed publicly at Companies House and can detail how certain decisions should be made. While it operates alongside a…
04/12/23
The Times Newspaper recently reported " Patient safety is being put at risk by the "toxic" behaviour of doctors in the NHS, the health ombudsman has said". It goes on to report that he was "shocked on a daily basis" by what he saw as ombudsman. Too often, "…
04/12/23
The England and Wales High Court have recently rejected a Will challenge based on alleged mutual Wills that they said had been made by their parents, instead allowing it on the alternative ground of proprietary estoppel. Winter v Winter [2023] EWHC 2393 Ch concerns a claim where two brothers sought…
01/12/23
It has been announced by the Master of the Rolls that the Guideline Hourly Rates (GHR) are due to rise in January 2024. The new rates set out below will apply to work carried out from the 1 January 2024. The previous rates are in brackets. Grade Fee Earner London 1…
01/12/23
The government is legislating to ensure that anyone sentenced for the offence of rape, and certain other serious sexual offences , no longer receives a determinate custodial sentence. Where neither a life sentence nor an extended sentence ('EDS') is served, the sentence will fall into the…
01/12/23
In a recent case, the High Court considered the implications of free speech in the context of public order offences. The case involved Tory MP Sir Iain Duncan Smith, who was subjected to abuse whilst in the street accompanied by his wife and a colleague. The prosecution case was that in the…
30/11/23
It has been announced by the Master of the Rolls that the Guideline Hourly Rates (GHR) are due to rise in January 2024 and will apply to work carried out from the 1 January 2024. So far the actual figures have not been set so watch this space for more details. They are expected in the next couple of…
29/11/23
As we have reported before , a new regime for Fixed recoverable Costs came into effect on the 1 October 2023. The general rule is that it applies to cases worth up to £100 000 issued on or after that date. But for personal injury claims it will apply to causes of action arising on or after the…
28/11/23
What is financial abuse? Financial abuse usually involves a vulnerable adult who has money or property stolen, is defrauded, put under pressure in relation to money or property, or has money or other property misused. Why is the issue of financial abuse important? The risk of financial…
28/11/23
Admittedly, planning for your ultimate demise is not the most festive of activities, and indeed it won't feel like the top of your priority list amongst the present wrapping, tree decorating and mulled wine quaffing. The Christmas season is, however, the time of year when we perhaps give…
28/11/23
It is no small task for manufacturers to reshore all or part of their operations. The challenges that face a manufacturer in doing so are numerous. One of the main reshoring logistical challenges centres around the commercial property portfolio from which those operations are going to take place.…
23/11/23
The Supreme Court have handed down their judgement in the case of Independent Workers Union of Great Britain v Central Arbitration Committee and another. This judgement confirms that Deliveroo Riders were not in an "employment relationship" for the purposes of Article 11 of the European…
22/11/23
The Government announced on the 21st November 2023 that it has accepted the Low Pay Commission's (LPC) recommendation on minimum wage rates to apply from April 2024. The Low Pay Commission is an independent body made up of employers, trade unions and experts whose role is to advise the Government on…
22/11/23
Recently, the Information Commissioner's Office (ICO) announced its decision to reprimand Nottinghamshire County Council (the Council), for failure to redact sensitive information held within a Child and Family Assessment report, which are used to assess the needs of vulnerable children in…
22/11/23
We have seen the Leasehold Reform (Ground Rents) Act 2022 come into force, restricting ground rents in new long leases (unless excepted) to a peppercorn rent. But what of the other leasehold reforms we have been hearing of that seem to be making slow progress? Within the King's Speech on 7…
17/11/23
When it comes to selling a business, the seller and buyer must decide how the business is to be sold. The two main ways are either a share sale or asset sale. While both transactions broadly achieve the same commercial objective, there are fundamental differences in legal effect. Share Sale A…
17/11/23
When buying or selling a business you will enter into a purchase contract. The contract will contain different clauses depending on whether you are purchasing the shares of a company or whether you are purchasing the assets of a business. However, it is common for the purchase contract to contain…
17/11/23
The Public Accounts Committee has published a report that raises concerns in relation to the level of support given to prisoners on their release. Reoffending causes harm to victims and costs the criminal justice system and wider society dearly. In 2019, the Ministry of Justice estimated that…
17/11/23
Reshoring refers to the strategic decision made by Businesses to bring their operations back to their home country from overseas locations. In essence, it marks the reversal of the popular offshoring strategy that aimed to reduce costs by relocating operations abroad. Reshoring has gained momentum…
17/11/23
Although there are often good commercial benefits in reshoring manufacturing, there are also some potential risks and hidden costs to be considered. Existing arrangements with the offshore supplier must be terminated and new arrangements with the new supplier will need to be entered into. Ideally…
17/11/23
The concept of reshoring is especially important for the manufacturing sector. By contrast with offshoring which is the process of transferring or relocating business operations to another country, reshoring is the process of returning the business operations, production and manufacturing of goods back…
17/11/23
When manufacturing companies merge or a target is acquired, typically an organisation can encounter vast and complex changes post-merger or acquisition (M&A). Many manufacturers operating in the sector today are primarily focused on operational efficiency and compliance of all the business processes…
17/11/23
The High Court handed down a remote judgement in the case of Karpasitis v Hertfordshire County Council last month. On the 22nd April 2020, Mr Karpastis was riding a route well known to him on a footpath at the side of the A10 near Chestnut. The path and the A10 were separated by a grass verge. As…
17/11/23
Acas have issued a consultation on a new draft statutory code of practice for handling requests for a predictable working pattern, which will be used in conjunction with the Workers (Predictable Terms and Conditions) Act 2023 once it comes into force. The Workers (Predictable Terms and Conditions)…
15/11/23
On 14 October 2023, the Regulator for Social Housing (RSH) published its annual Sector Risk Profile report (the Report), detailing its view of the most significant risks preventing registered providers (RPs) from achieving compliance with the RSH regulatory standards. RSH's publication statement…
14/11/23
Another set of parents have felt compelled to highlight ongoing issues with maternity services at the Shrewsbury and Telford Hospitals NHS Trust following the death of their daughter. This comes after the release of the Ockenden report following an enquiry into maternity services at Nottingham…
10/11/23
A prisoner with the earliest release date in August 2027 applied to the Prison Service concerning participation in fertility treatment. His partner unfortunately suffers from fertility problems, which include a low number of eggs, polycystic ovaries and a blocked and leaking right fallopian tube.…
10/11/23
The Government has published its response to the consultations "retained EU employment law" and "calculating holiday entitlement for part-year and irregular hours workers". Whilst the response covers a number of areas (set out below) the most noteworthy is the proposal to change how…
10/11/23
Securing the necessary Intellectual Property (IP) protections should be a priority for any business considering exploring international trade - particularly given up to 80% of a company's value lies in its IP. Failing to take the appropriate steps to safeguard a brand's IP can incur…
09/11/23
International trade offers significant potential both for businesses and the economy; recent research from Santander suggests UK coffers could benefit to the tune of £93.5bn if SMEs were to realise their global aspirations, while creating an additional 1.9million new jobs. While many…
08/11/23
North West Sexual Violence Awareness week aims to raise awareness of sexual violence and the support services available to survivors in the region. The phrase 'sexual violence' is used as an umbrella term to encompass any kind of sexual activity or act (including online) that was unwanted, took…
07/11/23
International trade offers significant potential both for businesses and the economy; recent research from Santander suggests UK coffers could benefit to the tune of £93.5bn if SMEs were to realise their global aspirations, while creating an additional 1.9million new jobs. While many…
03/11/23
The High Court has recently found that an illiterate testator did not understand the effect of a Will he signed was to disinherit three children of his first marriage. Kenneth Grizzle left a Will gifting his full estate to his second wife. The children had always been told that he would like their…
03/11/23
Sentencing guidelines exist to guide a court when deciding on the appropriate punishment for most drug-related offences. The guidelines reference the most common drugs, such as cocaine and cannabis, but do not expressly cover drugs which are less commonly found in this type of offending. One such drug…
03/11/23
On 28th October 2023 provisions in the Police, Crime, Sentencing and Courts Act 2022 came into effect, enacting changes to the laws in relation to the rehabilitation of offenders. These amendments extend the scope of the Rehabilitation of Offenders At as it applies to England and Wales so that…
03/11/23
The Economic Crime and Corporate Transparency Act 2023 has received Royal Assent and, when in force, will implement a large number of changes aimed at fighting economic crime and other illegal activity. One major reform in the Act is in relation to Cryptoassets and how they can be seized under…
03/11/23
The Dangerous Dogs (Designated Types) (England and Wales) Order 2023 was laid before parliament on 31 October 2023, which has important implications for the owners of the dog breed "XL Bully". This statutory instrument will be accompanied by other legislative changes that form a package of…
02/11/23
Our Personal Injury team recently attended the Personal Injury Autumn Update at The Globe Centre in Accrington. This was an extremely informative event where the team learnt about recent updates in Personal Injury Law. Of particular interest where the RTA cases described below, where the claimants…
02/11/23
Recent headlines have suggested some may not be. XL bully's have hit the headlines in recent times with a ban about to be imposed on the ownership of these dogs. Many argue that a breed specific ban is not the solution. Owners will have to register their dogs. Arrange for them to be neutered,…
01/11/23
On 30 October 2023, the Department for Education (DfE) publicised a fresh wave of support for the use of generative Artificial Intelligence (AI) in the education sector, by announcing £2 million worth of investment in Oak National Academy in its development of a lesson planning assistant for…
20/10/23
In July 2023, the Court of Appeal quashed a sentence of 28 months imprisonment and substituted a sentence of 14 months imprisonment, suspended for two years. The case concerned an offence of administering poison with intent to procure miscarriage, with respect to a pregnancy in the range of 32 to…
20/10/23
The Firearms Act 2023 has received Royal Assent and, when brought into force, will introduce several regulatory and criminal law reforms. Miniature Rifle Ranges There is an exemption in firearms law (section 11(4) of the Firearms Act 1968), which allows a person to run a rifle range or…
19/10/23
In this recent case, the High Court considered the application of the Public Sector Equality Duty ("PSED") in housing possession proceedings and the proportionality of the actions taken by housing providers against vulnerable tenants. Background Ms Holland held an introductory…
18/10/23
The Supreme Court has finally handed down its judgment in the case of Chief Constable of Police Service of Northern Ireland v Agnew and is a landmark case on the calculation of holiday pay in the UK, clarifying the rights of workers to claim for underpaid holiday pay. The case involved a group of…
17/10/23
The Information Commissioner Office (ICO) has announced it has taken enforcement action against Gloucester City Council following a ransomware attack in December 2021. The Council had previously confirmed that a sophisticated cyber-attack had caused damage to the Council's network and online…
16/10/23
On 12 October 2023, the Department for Levelling Up, Housing and Communities (DLUHC) announced reforms to shared ownership rents in England. The reforms apply to: · New shared ownership leases of homes purchased through the Affordable Homes Programme and through the planning system via…
13/10/23
A new study by Professor Carole McCartney of the University of Leicester has highlighted police handling of materials gathered to support criminal prosecutions. Professor McCartney found: CPS data indicate the potential impact of lost materials on prosecutions, reporting that between October…
13/10/23
This week, the prison population rose to a record number of 88,225, a significant increase on the previous week and only around 500 places short of "operational capacity", the maximum number of prisoners that can be held. Andrea Albutt, president of the Prison Governor's Association,…
13/10/23
As of the 4th of October 2023, there have been significant amendments to Immigration and Nationality fees by way of the Immigration and Nationality (Fees) (Amendment) (No.2) Regulations 2023. The primary objective behind these changes was to support vital services, with a focus on prioritising funding…
12/10/23
Established in response to the devastating Grenfell Tower fire in 2017, the Building Safety Act 2022 (the BSA) introduces sweeping reforms that directly affect the construction industry. A cornerstone of these reforms is the establishment of a new Building Safety Regulator (the BSR). This article delves…
12/10/23
The chairman of Bradford Teaching Hospitals Trust, Dr Max Mclean, has resigned in protest at baby death 'cover-ups-'. The death of any baby should be considered nothing less than catastrophic. A Perinatal Mortality Review tool, (PMRT), should be used to investigate all baby deaths…
10/10/23
The debate on introducing legislation for the mandatory use of cycle helmets continues. According to the latest statistics from the DfT, there were 16,294 reported road traffic accidents involving pedal cyclists in 2020. Pedal cyclist casualties in 2020 stood at 12,472, with 141 fatalities, 4,…
10/10/23
Many of us will be familiar with the content of the Pre-Action Protocol for Personal Injury and in particular Annex C which sets out the standard disclosure lists that a Defendant must consider when formulating a response to a new claim under the pre-action protocol. Currently the protocol sets out…
10/10/23
A waste management firm has been fined a total of £3 million following the deaths of two workers in separate incidents. Michael Atkin and Mark Wheatley died following incidents in 2019 and 2020 respectively. The Health and Safety Executive (HSE) investigated both incidents and…
06/10/23
A local NHS Trust have agreed to pay £4 Million pounds after they admitted causing brain damage to a baby at birth. The injury left the Claimant with 4 limb cerebral palsy, partial blindness and intractable epilepsy. The Claimant, who cannot be named for legal reasons, was born at hospital,…
06/10/23
Fixed Recoverable Costs (FRC) in litigation are specific amounts that are recoverable by a successful party from another party. In this context, "Costs" typically include solicitors fees, court fees, expert witness fees, barrister's fees, and certain other disbursements. FRC will…
06/10/23
From 1 October 2023, fixed recoverable costs (FRC) have been updated and extended across the fast track and in a new intermediate track for cases with values of up to £100,000 damages by way of implementation of The Civil Procedure (Amendment No 2 Rules). The new intermediate track has been…
06/10/23
More than 100,000 children have a parent in prison for the first time since records began, according to analysis of government figures. An official Ministry of Justice estimate says that each male prisoner has, on average, 1.14 children, meaning that an estimated 100,084 children have a parent in…
06/10/23
Some people may be physically unable to use the current evidential breath analysis machines relied upon by police to gather proof of driving under the influence of alcohol or drugs, new research from the University of Sheffield indicates. The new study challenges the norm that anyone failing to…
04/10/23
National Work Life Week (2 - 6 October 2023) is an annually ran campaign by the Working Families Charity to get employers and employees talking about wellbeing at work and work life balance. National Work Life Week is a key opportunity for employers to highlight the importance of a work life…
03/10/23
The Information Commissioner's Office (ICO) has issued guidance that makes clear that organisations "will not get in trouble" if they share information to protect children and young people at risk of serious harm. The commissioner has thus addressed concerns from organisations and…
03/10/23
The Times Newspaper reports a "Second hospital trust says it failed to send thousands of letters." It goes on to repor t 23,000 letters conce rning risks to patients or actions to be taken by patients and GPs were not sent by the Nottingham University Hospitals NHS Trust over several…
03/10/23
Whilst there is no legal definition of parental alienation in the UK, it can be established as one parent implementing tactics to distance a child, from the other parent. Parental alienation is often recognised if the child becomes detached or unusually hostile towards a parent, this being a result of…
02/10/23
The Courts make Football Banning Orders to help prevent violence or disorder at, or in connection with, regulated football matches. Individuals with a banning order are precluded from attending all regulated matches in the UK. They may be required to hand over their passport to the police before…
02/10/23
Police are currently investigating the causes of a fire that destroyed the Crooked House Pub near Dudley, causing a lot of people to wonder about the laws of criminal damage. Generally speaking, a person can damage, which includes setting fire to, their property. So, if you no longer want an item,…
02/10/23
If you are an individual or a corporate entity and you bring forward court action against another party, or you are a defendant in a court action brought about by another party and you do not have or seek out legal representation - you are what is known as a "litigant in person". If you…
29/09/23
The introduction of the Building Safety Act 2020 (BSA) is a significant milestone in ensuring the safety and integrity of residential and commercial properties. One of the corner stones of the BSA is the "Golden Thread" principle, which means that the right people have the right…
29/09/23
Established in response to the devastating Grenfell Tower fire in 2017, the Building Safety Act 2022 (the BSA) introduces sweeping reforms that directly affect the construction industry. A cornerstone of these reforms is the establishment of a new Building Safety Regulator (the BSR). This article delves…
29/09/23
The building safety act 2022 ("BSA, the Act") was conceived and enforced following the Grenfell tower tragedy. Grenfell brought to light the lack of accountability in the current system. BSA has been introduced in order to secure the safety of residents, and to improve building standards…
29/09/23
The Act The Building Safety Act 2022 (the Act) goes beyond a typical legal framework and rather enforces corporations within the construction and property management sectors to become proactive. The framework emphasises accountability, governance, and integrity within the industry; particularly…
29/09/23
The Building Safety Act (2022) (BSA) is a significant piece of legislation for the Construction industry in the wake of the Grenfell Fire tragedy. The impetus here is to ensure that Construction projects are carried out to the appropriate specifications in line with health and safety regulations, and…
29/09/23
On the 17 July 2023 the Government published a new Statement of Changes in Immigration Rules. The statement contains several changes, the most relevant in the construction sector being the changes to the Skilled Worker visa Shortage Occupations List. The Shortage Occupations List includes jobs that…
29/09/23
Possession of nitrous oxide, also known as 'laughing gas', will be illegal by the end of the year. The ban was promised as part of the Government's Anti-Social Behaviour Action Plan, with the Home Secretary urging police forces to get tougher on flagrant drug taking in the streets,…
29/09/23
As of 22 August 2023, His Majesty's Revenue and Customs has increased the rate of interest it charges on tax that has been paid late, from 7.5% to 7.75%. The rise is linked to the increase in the Bank of England base rate. There have been questions raised about these charges, especially where…
29/09/23
The recent case of Rea v Rea & others (2023) reminds us that although it is tough to challenge the validity of a will on the grounds of undue influence, it is by no means impossible. Anna Rea died in 2016 leaving four sons and one daughter. Anna Rea had a long-standing simple Will for 30 years…
28/09/23
At the trial of former Nurse Lucy Letby, the jury could not reach a verdict on six counts of attempted murder. On 25 September 2023, the Crown Prosecution Service ('CPS') informed the court that it seeks a re-trial on those charges. Many may question how they have come to this decision and…
28/09/23
A feature of many miscarriages of justice cases is the malign influence of dishonest police officers who have managed to stay in post despite many years of red flags having been raised in some cases. Recent tragic cases, such as the murder of Sarah Everard, have brought this issue to the forefront…
28/09/23
Cross-party legal reform charity, JUSTICE has recently published a landmark report describing how the rule of law in the UK has " regressed significantly on multiple fronts " and threatens the very democratic fabric of our nation. The rule of law is a set of principles, fundamental to our…
28/09/23
Much has been written recently on government plans to "ban" machetes and zombie knives and claims have been made that possession would be made "illegal". The government said: " Machetes and zombie-style knives with no practical use will be banned and police will have…
28/09/23
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 since the pandemic but having a Lasting Power of Attorney (LPA) is just as important, if not more important, than…
26/09/23
The Times newspaper reports NHS hospitals have a potentially fundamental problem with diagnosing sepsis in children, a coroner has told the health secretary after a nine-year-old died in similar circumstances to Martha Mills. The law in England continues to be particularly harsh when it comes to…
26/09/23
A lot of people under estimate the importance of having your own network. Not just swapping business cards, but having a group of individuals that form a safe space that you can call upon. HR can be a lonely place, certainly if you're a stand alone HR professional, but also from the…
20/09/23
Full-service law firm Forbes Solicitors has welcomed its latest cohort of trainee solicitors. In total, 13 new trainee solicitors have commenced training with the law firm in September, including Graduate, and Under-Graduate, Apprentices and trainees undertaking a Period of Recognised Training (PRT…
18/09/23
Equal pay for equal work is a fundamental principle of that has been at the forefront of the global exchange regarding gender quality within the workplace for decades and the principle that men and women who undertake equal work shall receive equal pay has been enacted by the Equality Act 2010.…
15/09/23
September marks the end of peak wedding season. As couples plan their wedding or civil partnership, they may want to consider a nuptial agreement. This does not mean that they are planning to break up, but in certain circumstances, this aspect of relationship planning can be prudent. What is a pre-…
15/09/23
The Court of Appeal has ruled in the case of MXX v a Secondary School, dismissing the claimant's appeal against a finding that the school was not vicariously liable for sexual assaults against her by a work placement student. The background. The defendant is a co-educational secondary…
11/09/23
East Lancashire NHS Trust have agreed to pay £6.6 Million after they admitted causing brain damage to a baby at birth. The injury left the Claimant with cerebral palsy. The Claimant, known only as ASN, as they cannot be named for legal reasons, was born at Burnley hospital, when the Claimants…
11/09/23
What is undue influence? It is possible to have a Will set aside on grounds that it was procured by means of undue influence. This is the idea that a testator has been influenced by coercion, in the sense that their Will must be overborne or by fraud. Whether this has happened is a question…
11/09/23
We recently succeed at trial in a claim brought for reasonable financial provision by the surviving spouse of a marriage which had endured for nearly 20 years. The matrimonial home belonged to the deceased alone. Unfortunately, our client was almost entirely excluded from the deceased's Will…
08/09/23
A recent article in the times highlights the ongoing problems at some NHS trusts where babies have sadly died or been left with life changing injuries . Despite this and the recent conviction of Lucy Letby, a Nurse at the Countess of Chester Hospital, lessons are still not being learnt. Openness…
08/09/23
On the 1st October 2023 the new fixed costs rules will come into force. These rules extend the current fixed costs recoverable in successful claims, to include all personal injury cases up to a value of £100,000. The Law Society Gazette reports this week, that solicitors will be looking to their…
07/09/23
A new offence of strangling/suffocation came into force on 7 June 2022. The case of Cook [2023] EWCA Crim 452 sets out comprehensive sentencing principles for Judges. In Cook, the Court of Appeal commented: " In view of the inherent conduct required to establish this offence a custodial…
04/09/23
The post-war construction boom saw almost 15,000 schools built between the 1940s and 1980s. The recent announcement on 31 August 2023, lead to there being a total of 156 schools affected with safety mitigation measures in place against RAAC. The recent announcement founds that the start of a new term…
01/09/23
As you will no doubt be well aware by now, the Government have instigated some emergency school closures due to the potential failure of Reinforced Autoclaved Aerated Concrete (RAAC) in school buildings. For details of what has led to this and access to useful links about the current situation see our…
01/09/23
As the parent of a school aged child I, like many other parents, teachers and those employed in education was gearing up for the return to school next week. Concentrating on pulling together the correct uniform, purchasing a multitude of coloured pens and trying to find the PE bag. What I suspect none…
31/08/23
Safeguarding protocols are an essential part of keeping children safe and are a primary consideration for most education providers. The question then is how to balance your safeguarding responsibilities as an employer with an appropriate level of fairness towards your employee when dealing with…
22/08/23
It has been recently reported (Inside Housing - Insight - Housing Officers Under Pressure) that the role of a Housing Officer is becoming increasingly difficult, with reasons cited including Housing Officers feeling overwhelmed and overworked with huge patches. They are expected to do tasks that aren…
21/08/23
There are many people involved with raising a child, whether it's a parent, stepparent, grand-parent, aunts/uncles, siblings and more. Modern families are no longer the stereotypical modern family, and this means family law must adapt with this change. A child arrangement order is a court order…
21/08/23
It is common for money laundering offences (under the Proceeds of Crime Act 2002) to be charged in conjunction with other alleged criminal activities, especially those related to drug offences. Whilst dealing with the monetary gains from offending will indeed amount to a separate money laundering…
18/08/23
The Environment Agency is responsible for the investigation and prosecution of numerous regulatory and criminal offences. As an alternative to criminal prosecution, financial sanctions can be imposed under the guidelines of the Environmental Civil Sanctions (England) Order 2010. In an announcement…
18/08/23
Plymouth City Council has been fined £200,000 after its failures led to employees developing hand arm vibration syndrome (HAVS) and carpal tunnel syndrome (CTS). During 2017 - 2019, two council employees developed HAVS and a further four were diagnosed with CTS as a result of prolonged and…
18/08/23
On the 6 July 2023 the HSE published the work related fatality figures. They report that one hundred and thirty-five workers were killed in work-related incidents in Great Britain in the last year. The industries with the highest deaths were construction (45), agriculture, forestry, and fishing (…
18/08/23
Many personal injury claims are dealt with under a fixed costs regime, with many more due to be brought into an extended fixed recoverable costs regime from the 1 October 2023. This limits the ability for defendants to challenge claimants' costs. That said there are still opportunities to make…
18/08/23
Health and Safety enforcement regrettably tends to follow tragic or serious incidents. In this tragic case, a prosecution was brought by Leeds City Council following the tragic death of a three year old who drowned when he was visiting the David Lloyds Leisure Club with his father and sister in…
18/08/23
We will never know if the claimant in a recent claim we defended was fundamentally dishonest, but we certainly had our suspicions. And when his claim was struck out and he paid our client's legal costs in full it only reinforced our concerns. We defended a claim brought by a local authority…
18/08/23
The Human Rights Act 1998 ('HRA') explores that an Article 2 Inquest requires the state to carry out an enhanced investigation into the death of an individual, taking into the issue the wider circumstances that surround an individual's death. It is most common when the individual who dies is…
17/08/23
It is becoming ever more paramount in the construction sector for the uptake of improved standards in how energy efficient projects need to be. It's well known that construction does generate a lot of waste. In spite of the difficulties to completely eradicate environmental consequences from…
11/08/23
On 2 August 2023, the Department of Education (DfE) updated its governance guidance for FE and sixth-form college corporations. First published in June 2022, the purpose of the guidance is to provide support and assistance to governors with regards to their duties and responsibilities by reinforcing key…
10/08/23
David Lloyd Leisure Club Limited has pleaded guilty to a health and safety offence after a three-year-old boy accidentally drowned in a pool at the firm's leisure club in Moortown, Leeds in April 2018 . The company was fined £2.55m and ordered to pay £258,000 in costs at Leeds Crown…
09/08/23
DJ v Barnsley Metropolitan Borough Council & AG (DJ) [2023] EWHC 1815 On 18 July 2023, Mrs Justice Lambert handed down her judgment in DJ v Barnsley Metropolitan Borough Council & AG (DJ). This appeal case evaluated whether a Local Authority can be held vicariously liable for the tortious…
08/08/23
The Levelling Up, Housing and Communities Committee (LUHC) is currently conducting an inquiry into Shared Ownership, which will examine the challenges associated with shared home ownership schemes, including barriers to achieving full home ownership and whether shared ownership is a genuinely affordable…
04/08/23
The High Court has recently approved a damages settlement in a claim arising from sexual abuse of a child, whilst attending a play centre, by an employee of that facility. The case is ERS (a protected party by Mrs, her mother and Litigation Friend) v Kids (Charity No. 275936). Background…
04/08/23
The Information Commissioner's Office (ICO) has published details of a reprimand issued to NHS Lanarkshire, following staff's unauthorised use of WhatsApp to share the personal details of patients, over the course of two years. Background The reprimand is difficult to read in places as…
04/08/23
Background The Information Commissioner (ICO) has recently published details of a reprimand to "My Media World Limited t/a Brand New Tube" (BNT) following an incident where BNT's systems were subject to a cyber-attack. Case facts The reprimand states that on the 14th August…
31/07/23
The challenges that sustainability brings to the manufacturing sector are well known. Whether that be manufacturing a product that is more energy efficient or simply reducing the carbon footprint of the whole manufacturing process. Part of that discussion moving forward must also include the commercial…
31/07/23
Mediation is a voluntary process by which an impartial third party helps people in a dispute to explore and understand any differences that they have. This then helps them to come to a mutual agreement in settling those differences. The mediator acts as a facilitator during the process; it is…
27/07/23
The Conditions of Service for School Teachers in England and Wales, also known as the Burgundy Book was updated in August 2023, for the first time since August 2000.. The Burgundy Book is a national agreement between five teacher unions and the National Employer's Organisation for School…
27/07/23
On 26 July 2023, the Supreme Court handed down its decision in the case of Paccar Inc and Ors v Road Haulage Association and UK Claims Limited [2023] UKSC 28. The Supreme Court determined that Litigation Funding Agreement ("LFAs") were Damages-Based Agreements ("DBAs") rendering most…
25/07/23
On the 17 July 2023 the Government published a new Statement of Changes in Immigration Rules. The statement contains a number of changes, but what we believe to be the most notable are discussed below: Skilled Worker Shortage Occupations List The skilled worker shortage occupations list…
25/07/23
Over the past decades immigration and globalisation have had an increasing impact on businesses globally. Migration of highly skilled individuals provides a means of productivity, adaptability, innovation and labour which allow for the maximisation of profit sustaining a growing UK economy. Brexit…
25/07/23
The manufacturing sector is no stranger to dealing with challenges. Over the past few years the industry has dealt with challenges surrounding increasing costs, issues with supply chains and now sustainability. There has been a monumental shift in attitudes around sustainability over the past few years…
25/07/23
Sustainability is an increasingly important topic on the agenda for employers. Employees expect more from their employers in their approach to sustainability, beyond simply policies that are not followed in practice. When considering the challenges of the current recruitment market, it is clear…
25/07/23
It is no surprise that the manufacturing sector is a driving force when it comes to effecting industry change, considering the supply chains and processes involved. In the current climate (pardon the pun!), manufacturing businesses are finding themselves subject to closer inspection than ever before, as…
24/07/23
The truth is that there is no way to extinguish the risk that an argument about your estate will arise after your death. However, there are some sensible steps that can be taken to minimise as far as possible the risk of a dispute arising. Discussing Wills and probate with loved ones Managing…
20/07/23
In 2022, the Government committed to making the right to request flexible working a "day 1" right in a bid to give workers a greater say in where, when, and how they work. As a result, they enacted The Employment Relations (Flexible Working) Act 2023 which has recently completed its passage…
18/07/23
Nuptial agreements encompasses pre nups and post nups. A pre nup is made in anticipation of a marriage, whereas a post nup, also known as a post marital agreement, is made after a wedding or ceremony. Both documents have the same legal standing. Before the landmark case of Radmacher in 2010, the…
14/07/23
Baker v Hewston [2023] EWHC 1145 (Ch) The recent case of Baker v Hewston [2023] EWHC 1145 (Ch) has sparked extensive dialogue regarding the relationship between the test for testamentary capacity as set out in Banks v Goodfellow and the provisions contained within the Mental Capacity Act 2005 (…
13/07/23
Recent research has shown a link between the menopause and the rates for divorce. Menopause is often a contributing factor to a marital breakdown. Here we look at the menopause, divorce and the statistics. Millions of women throughout the UK experience symptoms of the menopause each day. We are all…
10/07/23
The University and College Union (UCU) marking boycott has emerged as a significant topic of contention within the academic community. The marking boycott is a form of industrial action employed by the union as a means to negotiate to improve working conditions and pay structures for university staff.…
10/07/23
The All-Party Parliamentary Group (APPG) for Students has recently sought to highlight the impact of the cost-of-living crisis on students in further education (FE), in particular the unique difficulties that college students face (as opposed to say, for example, their higher education (HE) counterparts…
05/07/23
Earlier this month, the Department for Education (Dfe), announced that it was seeking views on the revision to its guidance "Information Sharing Advice for Practitioners Providing Safeguarding Services to Children, Young People, Parents and Carers". This non-statutory guidance provides…
03/07/23
A former spouse cannot continue with the pursuit of financial relief following a divorce if their former spouse dies before the financial proceedings are concluded The Supreme Court of the UK has decided that it is not possible for a divorced party to a marriage to continue with their claim for…
03/07/23
Despite often being described as a 'low level crime' - the impact of anti-social behaviour ('ASB') is often significant. Following research into the impact of ASB on individuals and local communities, a report published by the Home Office on 27th March 2023 found that 93% of participants…
30/06/23
1. We have teaching staff who voluntarily do lunchtime supervisor duties, historically we have an arrangement where we pay them a set fee and provide them with a free lunch. I am keen to understand if legally we are able to continue doing this as an extra payment via their teaching contract or if we…
30/06/23
On 6 June 2023, the Department for Education (DfE) published an updated version of statutory safeguarding guidance for schools and colleges. The newest edition of Keeping Children Safe in Education (KCSIE) is set to come into effect on 1st September 2023. At present, KCSIE 2022 remains in place until…
29/06/23
A redress scheme for survivors of child sexual abuse is to be launched in England, to "recognise the trauma victims have suffered", the Government announced in late May. The scheme arises out of one of the recommendations from the Independent Inquiry into Child Sexual Abuse (IICSA). The…
28/06/23
There is little doubt that the past few years have been incredibly challenging for schools from lock down and remote / blended learning through to academisations and unfunded pay rises and ever tighter school budgets. Careful financial management and the need to generate new revenue streams is critical…
28/06/23
The recent Scottish case of The University of Dundee v Chakraboty highlights the importance of understanding the rules of legal advice privilege, specifically how and when it applies. In this case, despite what the University believed, the first draft of a grievance investigation report was not legally…
27/06/23
Recently, in May 2023, three Private Members' Bills received Royal Assent; all of which expand the rights and protections currently available for parents and carers. The Government have not presented any timescales in regard to when the Acts come into force, simply stating that it will happen "…
27/06/23
This week, an Employment Tribunal has struck out a Claimant's claim for Automatic Unfair Dismissal where the Claimant argued she was dismissed because she made a protected disclosure. The Tribunal found that the Claimant was not the one who made the disclosure. For a dismissal to be automatically…
26/06/23
What do major High Street retailers, recruitment businesses, construction companies, restaurants, hotels, schools, holiday parks, taxi companies, football clubs and pre-school nurseries have in common? They are just some of the 202 companies who have been named and shamed by Government for previously…
26/06/23
Mark Pawsey, a Tory MP for Rugby and Bulkington has recently introduced the Road Safety (Cycle Helmets) Bill 2022-23 in the House of Commons, which will require a person riding a bicycle on the public highway to wear a safety helmet. Pawsey talked of his constituent Oliver Dibsdale, who at aged 15…
23/06/23
In what could have been a straightforward claim arising as a result of a trip on a raised paving flag in the garden of her tenanted properly, a dishonest claimant has found herself with an award of costs against her of £4250. The claimant brought a claim against our Social Housing client…
23/06/23
Chelmsford City Council has been fined £80,000 after a father-of-three died when he was struck by a bin lorry after being hit by the rear and underside of a reversing bin lorry. The employee was working as a loader operative for Chelmsford City Council at the time of the incident. The Health…
21/06/23
A common issue that Multi-Academy Trusts face when growing is differences in the terms and conditions that can occur between different schools within the MAT. This issue can present a number of practical and legal issues that need to be resolved. How the issue occurs It is well known that…
20/06/23
The month of June has had soaring temperatures UK-wide and has reignited some calls for legislation to be introduced to put a limit on workplace temperatures. Whilst heat can cause significant consequences for some people, including dizziness, fainting, dehydration, heat stroke, tiredness, or even…
19/06/23
I am often asked by clients why they should have to disclose all their bank statements, salary slips, P60's, year-end accounts, pension statements and everything relating to their assets as they go through the process of disentangling themselves from their wife or husband. Many feel aggrieved that…
16/06/23
It is not unusual for individuals to make promises to their loved ones about their estate. " My father promised me I would be looked after when he had gone but he's left me out of his Will " is a common phrase, we hear on a regular basis. Often if those promises do not…
09/06/23
Dozens of women who have received disastrous pelvic mesh implants have been left unrepresented following intervention of the Solicitors Regulation Authority (SRA) into the owner of Fortitude Law, Darren Harrison. The campaign, 'Sling The Mesh' voices the suffering experienced by women who have…
09/06/23
In January this year we reported on the Court of Appeal's decision to allow Claimants in RTA claims to be compensated separately for whiplash and other injuries. This week the Supreme Court have granted permission to the ABI to challenge that decision. This is a welcome decision for motor…
09/06/23
4th June 2023 marked National Cancer Survivors Day which aims to raise awareness of cancer and how it affects those living and surviving with cancer. According to Cancer Research UK, more than 127,000 people diagnosed with cancer each year are of working age and therefore it is important that employers…
08/06/23
The establishment of the Regulator of Social Housing (the Regulator) in 2018 brought with it a seismic shift in respect of the governance of social housing. Overall, the Regulator should be seen as a success (and the changes it has brought about positive). However, the continuous scrutiny which it…
06/06/23
The ICO has recently published details of a reprimand issued against a primary school following an incident where a safeguarding email was shared in the classroom via an electronic white screen. The reprimand issued is the another example of the ICO's change in regulatory approach to public sector…
05/06/23
What is a Forced Marriage? A forced marriage is a marriage that takes place without the full and free consent of either one of both parties. Force is not restricted to direct threats of violence and can include pressure and intimidation by threats, other psychological means and even financial abuse…
02/06/23
On Wednesday 17 May 2023, the Court of Appeal handed down its judgement in AB v Worcestershire County Council and Birmingham City Council dismissing the Claimants appeal and upholding the deputy High Court Judge Obi's decision to give summary judgment to both defendants. Fact of the Case…
02/06/23
Well, it took slightly more than the 6 months committed to but the Government have now responded to the final report of the Independent Inquiry into Child Sexual Abuse. The responses still lack detail and clarity with regards to the specific changes and actions, particularly with regards to the issues…
31/05/23
This article will explore the compatibility of traditional contracts, such as the JCT and NEC4 suites, with modern methods of construction (MMC). What contractual provisions should be implemented when drafting amends to these contracts, and more specifically the potential issues which off-site…
31/05/23
On 24 May 2023 the Information Commissioner's Office (ICO) published new guidance for employers and businesses relating to responding to Subject Access Requests (SARs). This guidance has been released in the wake of recent enforcement action issued by the ICO to two local authorities, for failure to…
30/05/23
Melanoma is a type of cancer that starts in cells in the skin called melanocytes. These cells make a pigment called melanin which gives skin its natural colour. Melanin helps to protect the body from ultraviolet light (UV radiation) from the sun. Data from the World Health Organization's…
30/05/23
The Department for Education ( DfE ) has recently published draft set of "quality" descriptions for multi-academy trusts ( MATs ). It is hoped by the DfE that this new guidance, provides MATs and single academy trusts looking to expand, with greater clarity surrounding the DfE's…
30/05/23
The construction industry has a critical role to play in addressing climate change and sustainability concerns and to secure the future of construction, the industry must adopt sustainable construction methods, minimise construction waste and adopt environmentally responsible practices. Throughout 2023…
30/05/23
In recent years, the construction industry in the United Kingdom has witnessed a significant shift towards modern methods of construction (MMC). MMC encompasses a range of innovative techniques and technologies that streamline the construction process, enhance efficiency, and promote sustainability.…
30/05/23
Modern Methods of Construction (MMC) are increasingly seen as revolutionising the construction industry, presenting both opportunities and challenges for landowner and property lawyers. In recent years, there have been notable developments in lease agreements that reflect the evolving landscape of MMC…
30/05/23
With an ever increasing focus on sustainability across the world, we are seeing many companies within the construction industry moving away from traditional construction practices and more towards the off-site Modern Methods of Construction (MMC). Complementary to this is the certification as B…
26/05/23
On 24 May 2023 the Information Commissioner's Office (ICO) published new guidance for employers and businesses relating to responding to Subject Access Requests (SARs). This guidance has been released in the wake of recent enforcement action issued by the ICO to two local authorities, for failure to…
23/05/23
Dementia is one of the leading causes of disability in later life, with substantial societal impact in terms of economic costs, much of which arises due to the need for institutional care. A recent report estimated that of the 820,000 people living with dementia in the UK, over 30% were living in…
22/05/23
It may not be the most romantic consideration when you're in the process of planning a wedding, but many couples want to create certainty as to what will happen with their assets should they divorce. Here, one of our Associate Solicitors, Sarah Robson, looks at the benefits of having such an…
22/05/23
A common question from parties who are separating is: who owns the engagement ring or other gifts made throughout the marriage. If an engaged couple separate before their marriage is made legal, the law dealing with the engagement ring is contained within the Law Reform (Miscellaneous Provisions)…
16/05/23
Following the backlogs caused by the Pandemic, it is clear to see that a large number of patients are experiencing difficulties in accessing routine and emergency dental treatment, with an estimated 13.5% of the UK being unable to access an NHS Dentist. Regular check-ups should be a straightforward…
15/05/23
An article in The Law Society Gazette highlights the ongoing problems at some NHS trusts. Lawyers have been urged to help uncover baby death scandals using their involvement in cases to help identify systemic failings in NHS trusts. Members of the Society for Clinical Injury Lawyers SCIL were…
11/05/23
The rules on MEES (Minimum Energy Efficiency Standards) are contained in The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (MEES Regulations). The MEES Regulations only apply to properties that are required to have an EPC. The position for commercial…
11/05/23
On 10 May 2023, the Government released supporting documents, outlining how the Data Protection and Digital Information Bill (No.2) (the Bill) proposes to amend the Data Protection Act 2018 (DPA), UK General Data Protection Regulation (UK GDPR) and Privacy and Electronic Communications (EC Directive)…
10/05/23
When a care home is informed that a safeguarding investigation is taking place, it can be a daunting and stressful time for all involved. It can sometimes feel that this is something that is happening to you and your business, over which you have limited control. However, taking action, providing your…
05/05/23
Cohabitating families are the fastest growing family type in the UK today. Since 1996, the number of couples opting to cohabit as opposed to marry has increased 144% with over 3.6 million families adopting the modern family type. With the average cost of a wedding standing at £18,400, the…
03/05/23
"If I dedicate a way to the public which is full of ruts and holes, the public must take it as it is". So held Willes J in the 1867 case of Gautret v Egerton. It remains the position, most notably held in the case of Gorringe v Calderdale Metropolitan Borough Council [2004] 1WLR1057, [2004]…
03/05/23
Forbes Solicitors has announced 11 new promotions across a range of its specialisms including employment, insurance, contentious trusts & probate, commercial property, crime, housing & regeneration, and commercial litigation. The promotions, which are effective from 1 May, will create two…
03/05/23
The ICO has recently published details of a reprimand it has issued against University Hospitals Dorset NHS Foundation Trust for failing to comply with the UK GDPR's security principle. On 25 April 2023, the ICO published details of a reprimand it had issued to the Trust for inappropriately…
02/05/23
According to the HSE slips and trips are the most common cause of accidents at work, as well as injuries to the public. They also account for 40% of the major injuries reported to the HSE. As such the prevention of such incidents could provide major savings to any business. Unsurprisingly the main…
02/05/23
It is almost six years since the Grenfell Tower fire tragedy, which highlighted pitfalls in fire safety regulation and guidance for those living in high rise flat blocks. The subsequent Grenfell Inquiry stressed the importance of prioritising fire safety for the housing sector as a whole through their…
28/04/23
In light of the ruling in Harpur Trust v Brazel, what should schools be doing with holiday pay for term time workers? The situation with the Harpur Trust case concerns the holiday pay of a part year worker. Now this is very different from being a part time worker, although they sound similar, they…
27/04/23
On 26th April 2023, the Supreme Court delivered its judgment in the case of Trustees of the Barry Congregation of Jehovah's Witnesses (Appellant) v BXB (Respondent) [2023] UKSC 15. This judgment provides clarity on the law relating to vicarious liability and sexual abuse. Ultimately, the…
26/04/23
The Government is currently reviewing opinions on a draft statutory Code of Practice on Dismissal and Re-engagement (often referred to as "fire and rehire"). The consultation opened late January and closed mid April 2023 and no doubt the job now will be for government ministers to wade through…
26/04/23
Shea Ryan died after falling down a manhole on a construction site, which was part of a surface water management project being carried out adjacent to a residential area on behalf of the city council. The 10-year-old was out playing with his friends on the evening of 16 July 2020 when he bypassed…
25/04/23
In March 2023, the Worker Protection (Amendment of Equality Act 2010) Bill passed the second reading stage in the House of Lords which was the first opportunity for the House to debate the key principles and main purpose of the Bill. The Bill is due to be further scrutinised at the Committee Stage, but…
25/04/23
In a statement published 31 January 2023, the ICO confirmed its view that North Ayrshire Council's (NAC) use of Facial Recognition Technology (FRT) for cashless catering purposes in canteens at nine of its schools is likely to have infringed articles of the UK General Data Protection Regulations (UK…
24/04/23
Eustace Fitzgerald Watts died in 2008, leaving a Will dated 8 February 2000. The Will appointed Eustace's wife, Jobyna Watts, as his executrix and the sole beneficiary of his estate. The Will was duly executed and witnessed by a solicitor and a legal secretary at a local law firm. One of…
21/04/23
As many in the education sector know, the Supreme court handed down a landmark judgement in July 2022, ratifying the decisions of the Employment Appeal Tribunal and Court of Appeal, in dismissing the appeals of the Respondent Academy Trust in Harpur Trust v Brazel. Whilst some time has passed since the…
19/04/23
Following the recent webinar on succession Samantha Robinson answers some of the questions that were asked during the session - A son and his wife has a right to succeed to a bungalow following the fathers death but it is an adapted property and the son doesn't have any disability needs - how…
18/04/23
The ICO has announced that it has issued both Sussex and Surrey Police with a reprimand relating to an app that recorded telephone calls without callers' knowledge. The press release from the ICO states that "In June 2020, the ICO became aware that staff members across both police forces…
18/04/23
On the 29th November 2022 the Office for National Statistics (ONS) reclassified all colleges and their subsidiaries as public sector bodies. It is important to note that despite the reclassification, colleges will continue to be self-governing, retaining responsibility for their educational character,…
06/04/23
The ICO has recently announced it has issued a reprimand against a not-for-profit organisation for failing to comply with the UK GDPR's security principle. On 03 April 2023, the ICO published a reprimand against Achieving for Children, a not-for-profit organisation, for inappropriately…
06/04/23
On 4 April 2023, the UK regulator for data protection, the Information Commissioner's Office (ICO) announced it had concluded its investigations into TikTok Information Technologies UK Limited and TikTok Inc (TikTok), the popular video sharing platform, and confirmed that it had issued TikTok with a…
04/04/23
Are you familiar with Clare's Law, also known as the Domestic Violence Disclosure Scheme? The domestic violence disclosure scheme allows individuals to request information from the Police regarding a person's history of domestic abuse offenses and convictions. If the information shows that…
04/04/23
Collateral warranties are important where a direct contractual link does not exist between parties involved in a construction project. Without these in place, should any defects or issues arise with works or services carried out, beneficiaries will be required to pursue third parties via a claim for…
30/03/23
This week the Law Commission published a long-awaited report, proposing change and reform to the current law governing surrogacy in the UK. Throughout the project the Law Commission found that the current law does not work in the best interests of any of the people involved: children born through…
30/03/23
Can you apply to the court before the birth of a child if you have concerns over paternity? In the event that a relationship has broken down, or where there are doubts regarding the paternity of an unborn child, it is not unusual for the potential father to consider making an application to court…
29/03/23
Having the Government acknowledge that Anti-Social Behaviour is "not a low-level crime" can only be welcome news to the ears of victims, local communities and those front-line practitioners who are tasked with keeping them safe. I don't think that anyone would argue with this sentiment…
29/03/23
On 6th March 2023, the Regulator of Social Housing (RSH) published a regulatory notice relating to the London Borough of Haringey (LBH) and potential breaches of the RSH's Regulatory Standards (the Standards) This notice highlights a continued commitment by the RSH to ensuring registered…
28/03/23
If you have suffered an injury as a result of negligence or an accident and that injury has resulted in you requiring care and assistance for some period of time, the cost of this care can form part of a claim for compensation. This can also include any long-term future care that may be required.…
28/03/23
There has been various changes recently in relation to the Legal Aid Agency's criteria for parents to obtain funding for a family dispute. The Legal Aid Agency have confirmed that the ability for parents to access means-free legal aid has been amended to include parents with Parental…
28/03/23
In 1858 divorce law was introduced in England but divorce remained too expensive for most people until the 1920s. Before 1858 divorce in the modern sense, that both partners were free to re-marry, was rare. People instead found other ways to separate - through custom, the church courts, the common law…
28/03/23
The law of marriage Until the middle of the 18th century marriages could take place anywhere provided, they were conducted before an ordained clergyman of the Church of England. This encouraged the practice of secret marriages which did not have parental consent, and which were often bigamous…
23/03/23
When is an inspection regime of floor checks every 10-15 minutes insufficient to cover an occupier's duty under the Occupiers Liability Act 1957? When the accident location is a busy city centre bar on a weekend according to His Honour Judge Hedley at Leicester County Court! Perhaps unsurprisingly…
23/03/23
The current ongoing economic crisis has created a period of uncertainty across various sectors and businesses, especially the property market. High interest rates, high construction costs due to increased expense of materials following Brexit and increased costs of fire and safety and quality works…
23/03/23
Amendments to the Social Housing (Regulation) Bill will require relevant managers to have specific qualifications and expertise, following calls from those affected by the Grenfell Tower fire for a precise requirement. The amendment clarifies as to what is meant by 'relevant managers' as…
22/03/23
Around one in seven people of working age in England are residing in social housing, and a further look tells us that these residents are twice as likely to be unemployed than those in other forms of tenure. Housing providers are becoming increasingly aware of the struggles that their tenants face…
22/03/23
Following the government's announcement of a returnerships programme as part of the Spring 2023 Budget to help minimise the current skills shortage, guidance aimed at employers on helping individuals return to work has been published. Employer guidance: helping people return to work. The…
15/03/23
"April is the cruellest month, breeding Lilacs out of dead land, mixing memory and desire, stirring dull roots with spring rain." From The Wasteland by T.S. Eliot On 6th April 2023 changes to the rules of court concerning Qualified One Way Costs Shifting (QOCS) will usher in a major…
14/03/23
A number of changes to the Immigration Rules have been announced. The majority of these come into force on 12 April 2023. The key changes include the ending of the Start-up route to be replaced with a new route called Innovator Founder and for those sponsoring workers under the Skilled Worker or Global…
10/03/23
The Management of Health and Safety at Work Regulations oblige all employers to carry out a risk assessment of the tasks their employees undertake, and take appropriate steps to reduce the risk of injury to the lowest level reasonably practicable. The lack of a risk assessment is not enough to…
08/03/23
In our previous newsletter we warned that the deadline for the latest changes brought in by the Minimum Energy Efficiency Standards (MEES) with regards to existing commercial leases was 1st April 2023. With this deadline looming, it is becoming apparent that many commercial landlords may not be prepared…
08/03/23
Since Brexit and the pandemic happened around the same time, the UK employment market has been volatile to say the least. This situation hasn't improved with so many strike actions across the various work forces in the UK. As there is an increase in the employment market in the UK, there is a…
08/03/23
In our most recent Education Q&A, Ruth Rule-Mullen (Partner and Head of Public Sector Employment), Gemma Duxbury (Partner, Governance, Procurement and Information), Lucy Harris (Partner, Insurance) and Chris Bowers (Partner, Dispute Resolution) answer your Education questions: 1. If an employee…
28/02/23
The black leather jacket hid the recording equipment, and it was only months later at the end of the case that my client confessed to having recorded all our meetings. I do not know why she did this, but I should have been alive to the possibility as part of her case relied on hours of conversations she…
28/02/23
The manufacturing sector features as one of the industries which accounts for a high percentage of workplace accidents. The latest HSE annual work related ill health and injury statistics for 2021/22 noted that the manufacturing industry was the second highest for number of deaths, with the number of…
28/02/23
When a sector is experiencing supply issues, for example due to increased cost of raw materials or labour shortages, businesses look internally to improve efficiencies. Investing in artificial intelligence (AI) can increase profitability for manufacturing SMEs. Embracing the shift towards digital…
28/02/23
2022 has seen seismic economic changes that have impacted almost every industry. We've seen shifts within the energy market and labour availability, as well as major supply chain disruptions. As a result, the growing competitiveness of the UK market has driven the intelligent industry to think very…
28/02/23
As you may recall from Siobhan Hardy's detailed explanation in October 2021, the Government, in an effort to control litigation costs, previously decided that it would extend the application of fixed recoverable costs to civil claims in the fast track beyond personal injury, provide a new process…
24/02/23
In a statement published 31 January 2023, the ICO confirmed its view that North Ayrshire Council's (NAC) use of Facial Recognition Technology (FRT) for cashless catering purposes in canteens at nine of its schools is likely to have infringed articles of the UK General Data Protection Regulations (UK…
22/02/23
Japanese Knotweed is a non-native plant that can inhabit both urban and rural areas. People do not want this plant on or near to their property. It is a very invasive species that has the ability to spread and can cause damage to the structure of buildings as well as being both difficult and expensive…
20/02/23
On 24 January, the Department for Business, Energy & Industrial Strategy published its Draft Code of Practice on Dismissal and Re-engagement ("the Code") and launched a consultation in respect of the same. What is dismissal and re-engagement? Colloquially known as 'fire and…
16/02/23
Vicarious liability came back before the court at the end of last year in a case which provided a good reminder of the applicability of this important legal principle. The judgment sets out a useful guide to the key case law on this issue, as well as providing a summary of the issues to be addressed. In…
16/02/23
What is gestational diabetes? Gestational diabetes is high blood sugar that develops during pregnancy. It is more common in the 2nd and 3rd trimester of pregnancy. Blood sugar levels can shoot up even without a history of diabetes. Some people are at greater risk than others , and screening is…
16/02/23
This article looks at some common problems relating to kidney disease, the symptoms, when concerns should be expressed to patients and what can be done. Knowledge is power, and the main criticism that I see of GP's is their failure to spot signs, monitor the problem, and most importantly tell…
16/02/23
On the 30th May 2021 the Government introduced a new Tariff for whiplash claims. The House of Commons have just announced a review. The principle behind the Tariff scheme was to restrict the apparent explosion of whiplash claims and reduce insurance premiums. At the same time the small claims limit…
14/02/23
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 the estate for the costs they…
13/02/23
An article in the Guardian highlights the ongoing issues and problems at some NHS trusts. According to the article, this was the first time a Trust has been prosecuted in the Magistrates court. Despite having policies and procedures in place, Nottingham University NHS Trust failed to follow them…
13/02/23
This article is the fourth and final in our IICSA blog series and will explore Recommendation 19, the Inquiry's recommendation that the UK Government establishes a single tiered redress scheme in England and Wales. Why has the recommendation been suggested? The Inquiry's research…
10/02/23
With an ageing population and delays in the NHS, patients with mobility problems spend a lot of time sitting or lying down and are often discharged to care homes. Care staff are responsible for delivering basic care that any family member would provide in their own home, which would include feeding…
08/02/23
From the 6 April 2023 rules changes to the CPR reverse previous court rulings which prevented defendants in personal injury claims from offsetting costs orders in their favour unless there was a specific court order for damages and/or interest on damages payable to a claimant. The situation arose…
08/02/23
A Claimants solicitors have recently issued an employers liability claim via the DCP. They also served the Claim Form by post in accordance with the standard Part 7 procedure. The Defendant in this claim was The Crown and unfortunately in accordance with Practice Direction 51ZB the DCP cannot be used.…
08/02/23
According to the HSE between 5 and 6 people in the UK are killed each year when trees or their branches fall on them. The incidents involving around 3 of those people will take place in public places with trees that are owned and maintained by local authorities. As recently as September 2020 a six…
07/02/23
Following the conclusion of a recent case of mine I've put together some top tips if you are considering relocating with a child. In short these include: · You must confer and have agreement with everyone who has parental responsibility for that child. If you find communication…
03/02/23
The Court of Appeal have provided what is described as "essential guidance" on the consent requirements within the Human Fertilisation and Embryology Act 2008 (HFEA), in a Judgment handed down in case of Re.C (surrogacy: consent) [2023] EWCA Civ 16. The Law Surrogacy is legal in the…
01/02/23
Following on from the decision in DSN v Blackpool Football Club Ltd [2021] EWCA Civ 1352, the High Court were asked to consider principles of vicarious liability in the matter of MXX v A Secondary School [2022] EWHC 2707 (QB). Background In MXX v A Secondary School the Claimant, a pupil…
01/02/23
1. Clearing up confusion around who can/ cannot strike · Only teachers in England who are a member of the NEU and teachers who are not a member of a union can strike. If you have members of support staff who belong to the NEU, the ballot was not met entitling support staff to strike in…
30/01/23
The motor claims handling world was waiting anxiously for the decision in Rabot v Hassam: Briggs v Laditan and APIL and MASS (Interveners)(2023) EWCA Civ 19 which was handed down this week. But it has not provided the clear guidance that the motor claims world wanted. The basic principle in…
30/01/23
Recent prosecutions are showing the increasing trend of accidents on construction and depot sites, where workers are struck with moving vehicles leading to either fatalities or serious injury. The HSE are more likely to proceed to enforcement action when there are significant failures in systems and…
30/01/23
Sustainability and decarbonisation targets to remain at the top of the agenda for UK construction throughout 2023, and here we look at some areas of legislation and initiatives that are set to influence the real estate sector in the next 12 months. Biodiversity Net Gain for Developments In an…
27/01/23
Brexit fall out continues as the High Court finds in the case of Independent Monitoring Authority v Secretary of State for the Home Department that the EU Settlement Scheme is "unlawful" and breaches the UK-EU Withdrawal Agreement because it fails to adequately protect the rights of EU…
26/01/23
It has long been considered the norm for schools, and places of work, to require their pupils and/or employees to adhere to a uniform policy. Indeed, I and many of my peers remember being told at school that we couldn't wear nail polish or wear our tie too short etc. One aspect of uniform…
26/01/23
The Court of Appeal has granted two appeals allowing children to be voluntarily accommodated under Section 20 of the Children Act 1989 on a long-term basis, where the placement and care plan are supported by the children's parents. In Re S (a child) and Re W (a child) [2023] EWCA Civ 1,…
26/01/23
In the recent case of Lovett v Wigan Borough Council [2022] EWCA Civ 1631 the Court of Appeal examined and restated the general principles around sentencing with specific consideration given to case law, and the Civil Justice Council's 2020 report 'Anti-Social Behaviour and the Civil Courts'…
25/01/23
On the 16th of January 2023, the National Education Union (NEU), being one of the trade unions representing the teaching profession, announced 9 out of 10 of its members voted to strike after taking part in a ballot. According to the NEU teachers are going to strike over a mix of low play and…
24/01/23
The ever-increasing prices of energy costs, volatile supply chains and worsening climate crisis have highlighted a need to reduce our reliance on fossil fuels - the use of ground source heat pumps is expected to play a key role in doing so. Ground source heat pumps, sometimes referred to as a…
24/01/23
As Ridwaan and Lucy helpfully outline in their previous article, it is the coroner's duty to establish how the deceased involved died and not to attribute liability. The recent finding of the Senior Coroner for Central Wales, Graham Hughes, that two nurses who sadly passed away due to Covid and…
24/01/23
The shortage of skilled workers within the UK has far-reaching implications throughout the renewable energy sector. As new technology sees the sector advance, the openings for skilled workers continue to increase, with organisations fearing that failure to source candidates with the necessary skills…
24/01/23
Whilst UK citizens have largely sought to move forward and live with Covid, by putting the control measures that were in place during the pandemic period between 2020 to 2021 behind them, an Inquest finding has brought home the reality of the efforts made by front line employees during this unprecedented…
24/01/23
Researchers have detected a possible increase in deaths from mesothelioma in women in the late 40s to mid 60s age group who may have had exposure to asbestos material in school buildings. The latest study has prompted teaching unions to propose a study in conjunction with Professor Julian Peto. The…
24/01/23
Please see below for a summary of the questions answered by Ruth Rule-Mullen and James Barron (Education, Employment), Stephen McArdle (Dispute Resolution), Gemma Duxbury and Laura Rae (Governance, Procurement and Information) and Catherine Kennedy (Property) at our Education Q&A on 19th January…
24/01/23
Admissions appeals and disputes are well known to be highly contentious and emotive. Once a decision has been made after an appeal has been heard, that decision is final. Whilst is possible for complaints to be made to the Local Government Ombudsman (maintained schools) or the Department of Education (…
20/01/23
On 13 December 2022, OFSTED published their annual report detailing the outcome of their inspections and regulation of education providers between September 2021 and August 2022. The report specifically considers the impact of the COVID-19 pandemic recovery. Essentially, recovery in education…
20/01/23
Chaos is set to sweep across the public sector, as the Country's largest Teaching Union approves strike action that could trigger the biggest shutdown of schools due to strike for many years. The strike action is set to affect schools across England and Wales on numerous dates throughout February…
18/01/23
In the case of Ellis v Bacon and Advanced Fire Solutions, a director, Ms Bacon was dismissed from the company during divorce proceedings with her husband, a majority shareholder at the same company, Mr Bacon. The case focused on the following question: "to succeed in a claim for marital status…
18/01/23
Newcastle City Council have recently been fined £280,000 due to the tragic death of a six-year-old girl, who sadly died at school after being struck by a falling tree. The fatality is a stark reminder of the necessity for Councils to prioritise the safe management of trees on school land.…
18/01/23
As we have all seen in recent years, there is a level of uncertainty across all industries and some industries are inevitably more impacted than others including those involved with manufacturing or shipping. We have all seen issues impacting us both in our personal and professional lives. With the…
17/01/23
When American Scientist Charles F Brush invented the first turbine to harness the power of the wind to generate electricity, he might not quite have appreciated that, over 130 years later, hundreds of migratory birds would meet their doom by absent-mindedly piling into the blades of modern iterations of…
17/01/23
Following the Energy Strategy released in 2022, which was aimed at accelerating the use of renewables such as new nuclear, hydrogen and wind power to secure clean and affordable energy for the long run; renewable energy for 2023 seems to be continuing in an upward swing. In 2022 we saw energy prices…
16/01/23
In July 2022, the Supreme Court held that holiday entitlement under the Working Time Regulations 1998 for permanent part-year workers should not be pro-rated and that anyone on a year-round contract is entitled to 5.6 weeks of holiday pay, calculated using a holiday entitlement reference period of 52…
16/01/23
A mirror Will is an identical document to the one prepared by your partner. If you make a mirror Will with your partner that leaves everything to them first and then to your children, you almost certainly do so on the assumption that your wishes will be honoured. The objective is to ensure that your…
10/01/23
After helping thousands of people onto the property ladder, the Government backed Help to Buy Equity Loan scheme is coming to an end in March 2023. The scheme first launched in April 2013 and allowed both first-time buyers as well as existing homeowners to buy new-build homes up until 31st March 2021.…
10/01/23
Parents living in the North West who have decided to separate or divorce in 2023 are being urged to find out how to avoid courtroom confrontation to settle money and parenting arrangements, with the launch of Family Mediation Week, 16 - 20 January. January usually sees a dramatic rise in the number…
09/01/23
Whether you are splitting up for the first time, or the last time, separating from your partner is always stressful and upsetting. It's easy to spiral into worry about the future when everything is changing. You don't know exactly what is going to happen next and you feel like your life is…
06/01/23
Cleveland Fire Authority recently pleaded guilty to breaching section 2(1) of the Health and Safety At Work Act 1974 after the Health and Safety Executive found that they had not assessed the risks posed by a training exercise in which a firefighter sustained significant injuries to his legs. The…
03/01/23
It is a commonly held misconception that if something should happen to you which affects your mental capacity, your next of kin would automatically be allowed to deal with your affairs on your behalf. Unfortunately, there is no automatic right for them to do this. It is therefore important to consider…
