Forbes Blog

BBC discloses gender pay gap figures

The BBC is the latest organisation to comply with the reporting obligations in accordance with the Gender Pay Gap Regulations (GPG) 2017, having published their gender pay report together with an equal pay audit.

The report shows the difference in the average pay between all men and women within the corporation and, on the whole, reveals that women earn less than men, on average by 9.3%.

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Inheritance Act Claims – 2017 Case Round Up

2017 has been a busy and formative year for claims under the Inheritance (Provision for Family and Dependants) Act 1975 (the “Act”), so here’s a round up and summary of some of the key cases of 2017:

Ilott v The Blue Cross and others [2017] UKSC 17 (commonly referred to as Ilott v Mitson)

The long awaited and somewhat disappointing judgment of the Supreme Court was handed down on 15 March 2017 following over a decade of too-ing and fro-ing, appeals and cross appeals.

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Posted in Wills, Tax, Trusts and Probate | Leave a comment

Larke v Nugus – tips from the dark side

For most Wills and Probate Solicitors and Will Writers, a Larke v Nugus request is relatively rare. But what is a Larke v Nugus request, what are your obligations and how do you respond. Ben Wilson, an Associate Solicitor at Forbes Solicitors, who specialises in Contentious Wills, Trusts and Probate, provides the following tips on responding to a Larke v Nugus request.

From a contentious point of view, a Larke v Nugus request is an essential tool to establish the circumstances surrounding the drafting of the will and to properly understand some key issues.

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Maternity Mistakes – 276,767 mistakes were reported by maternity care services In England – the equivalent of one mistake every 5 births

The BBC has today reported these figures.  They would appear to point to an alarming number of incidences.  It is important however to distinguish the nature of the incidents and near misses and look at the reason for the rise.

NHS Improvement confirm that of the number of mistakes, 63,380 resulted in harm to mother or baby and 288 resulted in death.

The improvement in recording and transparency should help to prevent repeat problems going forward. In serious cases reported under the ‘duty of candour’ I often find that the lessons learned lead to improvements and changes in policy to the benefit of the patient going forward. Read more

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When backstabbing backfires – challenging a will for fraudulent calumny

The recent case of Christodoulides v Marcou gives a rare example of a successful challenge to the validity of a will on the basis of fraudulent calumny.

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Posted in Dispute Resolution, Wills, Tax, Trusts and Probate | Leave a comment

Who pays the price for commercial debt recovery claims?

If you are faced with the situation where you have to take one of your clients to Court to recover your unpaid invoices, then it helps to know the legal costs and potential recovery of those costs in bringing a claim. This include but are not limited to:

  • Court fees
  • Disbursements
  • Solicitors Costs

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Legal Aid: Restrictive evidence requirements scrapped for victims of domestic violence

From January 2018, new rules will be implemented meaning that victims of domestic violence will no longer have to face harsh evidence tests to qualify for legal aid.

Through successful campaigning by support groups and the Law Society, time limits preventing victims of domestic violence from obtaining legal aid will be scrapped. Read more

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A welcome change for families suffering with a full term still birth or life changing injuries to babies

Jeremy Hunt has announced a welcome change for families suffering with a full term still birth or life changing injuries to babies who will be offered an independent investigation by a Coroner.

Currently they only look into the death of babies who show signs of life after being born. Read more

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Deathbed gifts

A recent case has highlighted the uncertainty surrounding deathbed gifts, and the importance of seeking legal advice if you or a loved one are considering making a deathbed gift.

A deathbed gift is a gift made in contemplation of death, conditional on death. While in some instances these gifts may be successful, the case of Keeling v Keeling is a reminder of the strict criteria that must be satisfied in order for a deathbed gift to be considered valid. Read more

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Partnership Disputes – Cheema v Jones

A recent Court of Appeal decision has highlighted the importance of ensuring that a partnership arrangement is properly documented.

In Cheema v Jones, two GP’s (A and B) entered into a partnership to provide medical services, the terms of which were set out in an agreement dated April 2016.

Shortly thereafter, it was agreed to expand the partnership and form a new partnership with C, D and E. The practice meeting minutes recorded that the new partnership would commence on 1 July 2016. Solicitors were subsequently instructed to prepare a new partnership agreement to regulate the terms of this relationship. Read more

Posted in Corporate & Restructuring | Leave a comment