Legal Article
18/11/19
Don't Waste Your Energy… Get Compliant NOW! With the deadline for compliance with the ESOS (Energy Savings Opportunity Scheme) audit rapidly approaching (5th December 2019) are you ready? Here is a summary of what you need to know… Article 8 Article 8 of the EU…
Legal Article
15/11/19
We recently acted for a company Director who faced criminal prosecution by Companies House for late submission of company accounts. Because there had been two earlier similar breaches the Director was exposed to a disqualification from acting as a Director for up to 5 years. The company was…
Legal Article
15/11/19
The long-awaited Pension Schemes Bill was published on 16 October, detailing amongst other issues the proposed framework for collective defined contribution, new powers and sanctions for The Pensions Regulator and enabling provisions for Pension Dashboards. It also amends the 2004 Pensions Act…
Legal Article
15/11/19
Just as an administrator of a SIPP or SSAS has duties to the trust, a solicitor instructed on behalf of the trust has a duty of care. Forbes have experience acting on behalf of pension funds against their former lawyers for failing to spot a defect in the title, such as a restrictive covenant or a…
Legal Article
14/11/19
Fullick v Commissioner of Police of the Metropolis [2019] EWHC 1941 (QB) The High Court determined that costs relating to an Inquest are recoverable in a civil claim, but such costs will be subject to the new post-Jackson proportionality rules. Usually, Coroners have no jurisdiction to award…
Legal Article
11/11/19
Following recommendations made by Dame Janet Smith, Chair of the Shipman Inquiry, new regulations have finally been introduced to ensure greater consistency in the reporting of deaths by medical practitioners in England and Wales. The Regulations came into force on 1st October 2019 with immediate effect…
Legal Article
08/11/19
The HSE has published its annual report "Health and safety at work - Summary statistics for Great Britain 2019". Despite Great Britain being one of the safest places to work compared to its EU counterparts, the HSE say the statistics show that the number of injuries and incidents of ill…
Legal Article
08/11/19
Overview Forfeiture is where a land owner takes back possession from a tenant due to a breach. The court has the power to grant relief from forfeiture to a tenant of a lease. This case examines the ability of the Courts to grant relief where the occupier holds a licence, as opposed to a lease…
Forbes News
05/11/19
After months of planning and consultation, the ASC Forbes service launched our much-awaited Best Practice Partnership Network at the Novotel in Leeds on Thursday 26th September 2019. The purpose of this initiative is to improve collaborative working between Registered Housing Providers, Police,…
Forbes News
01/11/19
In the second of our series of practical guidance on common landlord problems, we look at the issue of forfeiture of mixed-use premises. Scenario: the landlord owns a mixed-use property let out to a tenant under one lease. The property comprises of a shop on the ground floor and a flat upstairs,…
Legal Article
01/11/19
County Lines describes gangs or organised criminals who export drugs into one or more UK importing areas. They use dedicated mobile phone lines or 'deal lines' and use children or vulnerable adults, to move / store the drugs. They use coercion, intimidation, violence, sexual violence and…
Legal Article
01/11/19
The introduction of pension freedoms in 2015 means that investors have a lot more choice over what to do with their pension savings. Whereas in the past the pension had to come to an end on death, now residual funds are allowed to remain in the protected pension environment for the benefit of the…
Legal Article
01/11/19
Environmental issues are increasingly becoming a major concern within society and inevitably a key priority forming part of government policy. In the context of commercial property, this is most noticeable with the rules on ascertaining the energy efficiency of properties, by way of an Energy…
Legal Article
31/10/19
The increasing global environmental socio-economic awareness means that there is now a wealth of environmental laws and issues in practice which overlap with some areas of property law, in particular leases. What do Landlords want? As landlords will be keen to make sure that the tenant will be…
Legal Article
25/10/19
It is common for tenancy agreements to require a tenant to pay a service charge to its landlord in return for services and maintenance of the property and communal areas. However, at times, there can be disparity between the services provided by the landlord and the service charge that is paid by the…
Legal Article
25/10/19
The Employment Tribunal held in Raj v Capita Business Services that establishing an offensive or humiliating environment alone is not sufficient to establish that the conduct relates to a protected characteristic. In order to prove successful, a claimant must establish that the reason for the conduct…
Legal Article
25/10/19
Although the current lack of tribunal fees for employment claims can be seen to increase access to justice and potentially act as a positive indicator for individuals wishing to bring claims, the potential for a costs award should a claim be unsuccessful is often a daunting prospect for claimants…
Forbes News
23/10/19
Leading legal firm Forbes solicitors has underlined its continued expansion and investment in the future by accepting nine new starters on its award-winning solicitor training programme. The move takes the number of trainees across the firm to 18, one of the largest cohorts since the scheme was…
Forbes News
22/10/19
Leading legal firm Forbes Solicitors have been shortlisted in the Defendant Team of the Year category in the prestigious national Personal Injury Awards. Forbes, who won the award last year, will be competing for the accolade when the awards ceremony is held at the Hilton Deansgate in Manchester on…
Legal Article
22/10/19
The charity, Grandparents Plus, has highlighted that kinship carers are at breaking point due to the care system's "dump and run" approach. Kinship carers are family members or friends who put themselves forward to care for a child when there is local authority involvement and the…
Legal Article
21/10/19
The Supreme Court has taken a purposive approach to the interpretation of domestic employment legislation in order to comply with human rights obligations and ensure that a district judge was protected following a whistleblowing claim. The Public Interest Disclosure Act 1998 and Employment Rights…
Legal Article
21/10/19
An article published by Wellcome Open Research, titled 'Impact of Detecting Potentially Serious Incidental Findings During Multi-modal Imaging' , has noted that participants of UK Biobank Limited have been incorrectly flagged as having potential life threatening conditions and resulted in…
Legal Article
18/10/19
Neocleous v Rees [2019] EWHC 2462 (ch) What happened in this case? The parties were in dispute about the use of a right of way. Rees' solicitors emailed Neocleous's solicitors, offering to transfer land in settlement of the dispute. The name of the solicitor was automatically…
Legal Article
18/10/19
Most years the A&E wait times hit the headlines during the winter months due to the increased demand and we would expect it to be no different this winter, however Doncaster & Bassetlaw Teaching Hospitals are looking to improve the waiting times in their A&E departments with new patient…
Legal Article
17/10/19
An employee has lost her claim for personal injury after the Judge concluded that the automatic doors to the supermarket were not faulty. The Claimant was employed by the Defendant supermarket. On the day of the incident, she had entered the supermarket through the main foyer. She was walking…
Legal Article
17/10/19
A Local Government Ombudsman (LGO) has ruled in favour of a mother who sought action against a local authority for its refusal to provide education to her 10-year-old daughter (Y), who refused to attend school due to high levels of anxiety. Y was eventually advised that she had sensory processing…
Legal Article
17/10/19
Re H (A Child) (Refusal of placement order) [2019] EWCA Civ 1557 On 12 September 2019, the Court of Appeal held that an 18-month adjournment of care proceedings concerning a baby, who was 7 months old at the time of the judgement, to allow time for the parents to make sustained changes, is…
Legal Article
17/10/19
MR v Commissioner of Police for the Metropolis [2019] EWHC 1970 (QB) The High Court has ruled that a Part 36 offer to settle a claim for nil damages on the condition that the police admit liability for false imprisonment and assault was a genuine Part 36 offer. The facts The appellant…
Legal Article
17/10/19
Council fined £100,000 after exposing workers to Hand Arm Vibration Syndrome The HSE has reported that a borough council has been fined for exposing seven of its grounds maintenance workers to Hand Arm Vibration (HAVS), caused by excessive use of power tools. The council pleaded guilty…
Forbes News
17/10/19
The Information Commissioner's Office has updated its guidance on calculating timescales for responding to subject access requests (SAR) following a recent ruling by the Court of Justice of the European Union. When calculating response times, the day a SAR is received is classed as 'day one'…
Forbes News
17/10/19
The Forbes Insurance team is celebrating after being recommended in the Legal 500 guide and ranking as a Top Tier Firm in the category Insurance: Personal Injury Defendant North West. The Legal 500 guide has named Chris Booth and Kella Bowers in the elite "Leading Individuals" list and…
Forbes News
17/10/19
Build information modelling (BIM) is a relatively new phenomenon in the United Kingdom, and involves the storing of information relevant to the architecture, construction and operation of a building in electronic form. BIM originated in the United States, though as a result of numerous government…
Forbes News
17/10/19
As of April 2020, the Government are rolling out the off-payroll tax changes made to the public sector to medium and large sized private companies. In April 2017, the Government replaced the original IR35 legislation with new off-payroll tax affecting the public sector. The change puts the onus on the…
Legal Article
17/10/19
The principles on how damages are assessed are set out below: The subject matter The severity of the breach. The examples given are that breaches involving medical data or financial information will likely attract higher figures than other types of data, whereas 'social'…
Forbes News
16/10/19
Contained within most commercial leases will usually be a clause that is referred to as "compliance with laws". The purpose of this clause is to determine the responsibility of adherence with the particular rules and regulations that relate to the property and its use, and more often than not…
Legal Article
14/10/19
Both the Electronic Communication Act 2000, which defines electronic signatures and its authentication, and the EU Regulation elDAS (Electronic Identification, Authentication and Trust Services), which seeks to standardise the use of electronic signatures, appreciate the rapid development of the digital…
Forbes News
14/10/19
The government have abandoned plans introduced earlier this year to significantly increase probate fees, which would have seen bereaved families paying up to £6,000 for grants of probate. Under the government's proposals, probate fees would have risen from the current fixed fee of £…
Legal Article
14/10/19
I recently found myself at trial, facing a man who had hit himself with a sledgehammer. Not a likely basis for a personal injury claim, you might think, and you are probably right. However, somewhere along the line two things happened; the Claimant decided that it probably wasn't his fault,…
Legal Article
08/10/19
The financial gains to be made from buying a business out of administration can be significant. However, the potential risks involved can also be just as great. For this reason, it's vital that potential buyers consider the benefits and pitfalls of undergoing such process and take advice from…
Legal Article
08/10/19
A Claimant who injured himself with a sledgehammer has lost his claim for personal injury at trial. The facts The Claimant had been tasked to work on a joint venture construction project by his employer, a labour-only sub-contractor. On 11th September 2014 the Claimant, who was a highly…
Forbes News
04/10/19
Forbes has successfully defended a "player on player" football claim following a 3-day trial. The facts The Claimant was playing in a football match against the Defendant's team. About half way through the first-half the Claimant suffered a serious injury to his Achilles…
Legal Article
04/10/19
Since April 2018, spouses have been able to complete the divorce application process online. This means that instead of posting paperwork, those wanting to file for divorce can complete applications, upload the documents needed and pay fees online. The cost of the fee to file for divorce is £550…
Forbes News
02/10/19
Forbes Solicitors is celebrating after being recommended in 15 Legal 500 categories and ranking as a Top Tier Firm, with 35 lawyers listed as recommended. Forbes' category recommendations are up one from last year, with Contentious Trusts and Probate being ranked for the first time. The…
Legal Article
02/10/19
When purchasing or leasing agricultural land, one of the main unknowns can often be the environmental condition of the land in question. Farming practices often make agricultural land vulnerable and susceptible to contamination from waste products or potentially harmful materials that are used as part…
Legal Article
01/10/19
Shaviram Normandy Ltd v Basingstoke and Deane Borough Council [2019] UKUT 256 (LC), the Upper Tribunal (Lands Chambers). What happened in this case? Shaviram Normandy Ltd (Shaviram) was the tenant of a purpose-built office building let on a long headlease. The use was restricted to offices…
Legal Article
01/10/19
There has been a number of recent media headlines stating that natural births are more risky if a previous caesarean has already been performed. These headlines have resulted following a research article being published entitled: 'Planned mode of delivery after previous cesarean section and short-…
Legal Article
30/09/19
In February this year the Government set out the new policy statement for rents on social housing effective from 1 April 2020. This policy replaces the Guidance issued in May 2014 and will apply to Registered Providers including private Registered Providers of Social Housing and Local Authorities that…
Legal Article
27/09/19
With negotiations between the parties reaching a stalemate over recent weeks, it is becoming more likely that the United Kingdom (UK) will leave the European Union (EU) on 31 October 2019 without a formal deal in place setting out the terms of its withdrawal. Unsurprisingly, this only adds to the level…
Legal Article
26/09/19
After 178 years of trading, the world's oldest holiday company, Thomas Cook, has collapsed leaving a collection of issues for many, including their creditors. Whilst many travel agents have been hit by retail migration to the internet, Thomas Cook's demise is largely the result of the &…
Legal Article
26/09/19
A redundancy, grievance or disciplinary process can be confusing and stressful for both employers and the individual involved. Employment law provides the employee with the right to accompaniment at related meetings by a trade union representative or work colleague to offer a degree of support. Often…
Forbes News
26/09/19
Danish retail chain Søstrene Grene is set to open a new store in Manchester city centre after being advised on the lease of the site by Forbes Solicitors. Søstrene Grene sells contemporary and affordable Scandi furnishings and crafts and has 250 stores across Europe. The store concept…
Legal Article
26/09/19
After a well-earned summer break no doubt a myriad of issues require addressing by schools and establishments, with data protection compliance being amongst them. Returning back from any break brings about its own unique data protection challenges after a long period of reduced staffing as inevitably…
Legal Article
26/09/19
Costs down the drain The Dispute Resolution team at Forbes recently acted for an academy trust which had a vexatious claim issued against it by a neighbour. The neighbour's garden backed onto the school's playing field and he issued a claim for nuisance, alleging that his garden would…
Legal Article
25/09/19
The Court of Appeal gave a ground-breaking judgment in Harpur Trust v Brazel & UNISON regarding the calculation of holiday pay for 'part year' workers last month. Mrs Brazel was employed by The Harpur Trust as a part time music teacher. She was employed on a zero hours contract and…
Legal Article
25/09/19
In Nissa v. Waverly Education Foundation, the claimant, a science teacher, suffered from Fibromyalgia. She had suffered from the condition from December 2015, and resigned effective from 31 August 2016. She brought a claim for disability discrimination claiming her impairment caused her to suffer a…
Forbes News
25/09/19
Yesterday, the Supreme Court ruled that the prorogation of Parliament between the 9th September and the 14th October 2019 was unlawful and therefore was null and had no effect. Effective, it has been ruled that it never happened. The Supreme Court heard appeals from previous, conflicting rulings…
Legal Article
24/09/19
Borwick Development Solutions Ltd v Clear Water Fisheries Ltd What happened in this case? Borwick created lakes on its freehold land and populated them with fish before running the site as a commercial fishery whereby anglers could come and fish for sport, returning any fish they caught…
Legal Article
17/09/19
Where a residential property is a house in multiple occupation (HMO), the person who has control of, or manages, the property must obtain a licence from the local housing authority (LHA) as required by the Housing Act 2004 (HA 2004). Under the HA 2004 a property is automatically classed as being a HMO…
Forbes News
17/09/19
Associate Solicitor, Ben Wilson, from Forbes Solicitors has been shortlisted for the Young Professional Award in the 2019 Lancashire Business View Sub36 awards. Ben, who specialises in disputes arising from contesting Wills, Trusts, Probate and Inheritance Matters, acts for clients on a national…
Legal Article
16/09/19
Legal advice privilege is a lot like gravity, most people know it exists and are glad it exists, but don't really understand it. If legal advice privilege didn't exist then whilst we wouldn't all float away into the atmosphere, it would make taking effective advice for your organisation much…
Forbes News
16/09/19
Forbes Solicitors has been shortlisted in the Mid-Size Law Firm of the Year category in the prestigious Insider North West Dealmakers Awards 2019. The leading North West awards are celebrating their 25th Anniversary, with the winners being announced during a black tie dinner at the Manchester…
Legal Article
11/09/19
In April 2015, reality star Kylie Jenner made an official attempt to register the mark 'Kylie' in the United States for the purposes of advertising and endorsement. This move was to trigger significant opposition from Kylie Minogue, the Australian singer/actress, and subsequently lead to a…
Legal Article
11/09/19
Did you know we can assist you with Trade Marks outside of the UK? In addition to dealing with UK Trade Mark registrations, we can support you with both EU and International Trade Marks. What is a Trade Mark? A trade mark is a type of intellectual property consisting of a recognisable…
Forbes News
09/09/19
In the first of our series of practical guidance on common landlord problems, we look at how landlords should deal with goods and belongings such as furniture and stock (also known as chattels) which are left in the tenanted premises by outgoing tenants. As a commercial landlord, you are likely to be…
Forbes News
09/09/19
Stuart Lowery has joined leading legal firm Forbes Solicitors as a HR Business Partner in the Employment team. Stuart's role will support clients beyond the legal aspects of HR, providing advice and practical support on the implementation of different HR policies, practices and systems. Based…
Forbes News
06/09/19
A recent survey published by Legal Services Consumer Panel has recognised that shopping around for legal services isn't always the best way forward. Just over one quarter (28%) of people shop around when choosing a legal service provider. Of those who shop around, almost half (44%) don't…
Legal Article
05/09/19
Over the past decade, there has been a rise in the popularity of affordable housing schemes due to the affordability barriers present in many cities across the UK. The barriers have caused numerous aspiring first-time buyers, to approach housing associations who offer shared ownership schemes to help…
Legal Article
05/09/19
On 16 May 2019, the Mental Capacity (Amendment) Act 2018 received Royal Assent and is expected to come into force in the Spring of 2020. This legislation will create a new and more streamlined model for authorising deprivations of liberty in care and will replace the current Deprivation of Liberty…
Forbes News
03/09/19
According to a leading consultant, failure to diagnose and treat Cauda Equina Syndrome (CES) is costing the NHS hundreds of millions of pounds each year. CES is a severe narrowing of the spinal canal usually caused by a prolapsed invertebral disc when the nerves become severely compressed. This can…
Forbes News
22/08/19
Fundraising volunteers from Forbes Solicitors have collected £3,500 for charity after creating their own version of the Tour de France cycling event. The event, which raised money for Derian House children's hospice in Astley Village, Chorley, involved a team of around 30 volunteers…
Legal Article
21/08/19
The Alzheimer's society have recently published analysis which states that people living with dementia have spent almost £15bn of their own money on social care since the Government reforms were first proposed in March 2017. The Government committed to publish a Green Paper on social care in…
Forbes News
15/08/19
Forbes Solicitors, one of the North's leading legal firms, has appointed Helen Marsh as a Partner in its Commercial Property team. Helen, who is based at the firm's Central Lancashire office, advises on a full spectrum of commercial property law issues including sales, purchases and leases…
Legal Article
15/08/19
The building control industry have received increased scrutiny as a direct result of the increasing focus on public protection after the tragic incident at Grenfell Tower… the impact is becoming more prevalent as Approved Inspectors' insurance policies are up for renewal… There…
Forbes News
15/08/19
A charity which empowers people with disabilities to lead a more active and independent life has benefited by £664 after a fundraising night of food, drinks, a catwalk and a showcase of beauty products organised by Forbes Solicitors. Rainbow House, based in Mawdesley, fills a gap in provision…
Legal Article
15/08/19
Saleem & Rizwan v Rochdale Borough Council In October 2017, the First Claimant was taking his daughter, the Second Claimant to school. It was alleged that as they walked through the school grounds, they both tripped and fell in the missing part of a dilapidated grate. They brought a claim…
Legal Article
15/08/19
Rees v Co-operative Group Ltd The Claimant alleged that she had tripped in an uncovered drain situated in the car park of one of its stores. After investigating the claim, breach of duty was admitted but the Claimant was put to proof as to the manner and happening of the accident. It was the…
Legal Article
15/08/19
Cox v Bury A Claimant's claim for personal injury was dismissed after the Court concluded that the alleged pothole was not cause of the Claimant's accident. The Claimant alleged that she tripped in a pothole measuring in excess of 50mm and sustained a fractured elbow. The Claimant…
Legal Article
15/08/19
A Local Government Ombudsman (LGO) has ruled in favour of a father who sought action against Lancashire County Council (LCC) for its refusal to investigate his complaint. LCC had refused to instruct an independent investigator because the affected child had not provided his consent to escalation of…
Forbes News
15/08/19
HSE Dust-busters HSE inspectors are currently visiting high-risk businesses to assess how employers are controlling exposure to dust. They are likely to focus on construction sites, woodwork businesses and food manufacturers. Such industries often produce high levels of dust, which can be harmful…
Forbes News
07/08/19
Forbes Solicitors has launched its own charitable foundation to help local people and provide vital grants to good causes across the UK. The Forbes Foundation became a registered charity on the 11th January 2019 and is funded by staff joining forces to organise and take part in fundraising events,…
Legal Article
05/08/19
With uncertainty presented by political unrest and the fast pace at which technology is advancing through Industry 4.0, great opportunities are currently being presented to the manufacturing and engineering sector. Whatever size your business, it is crucial to assess current business strategy,…
Forbes News
05/08/19
The nature of a disclosure letter is in its name, to disclose relevant points of interest to a buyer prior to the conclusion of a sale, which may be inconsistent with warranties provided by a seller in a sale agreement. As a crucial document in any acquisition, it is in the seller's interest that…
Forbes News
05/08/19
This is a question we often get asked by our clients who are currently holding or are planning to hold shares in a company. Although there is no legal requirement to have a shareholders' agreement, every company is strongly advised that they have one. Shareholders' agreements are a means…
Legal Article
02/08/19
The Legal Aid and Advice Act received Royal assent on the 30th July 1949. Ultimately, the aim was to introduce a consistent approach in England and Wales to help and support those who could not afford legal advice or representation and provide them with access to justice. Legal aid was and still is…
Forbes News
01/08/19
A construction project typically involves a number of professionals contracted to provide a variety of services. The role of a contractor and its sub-contractors is to carry out the physical work, whereas the role of a professional is to provide specialist advise relating to the project. The group of…
Legal Article
31/07/19
Our Commercial Department provides support in areas such as: · Building contracts (including making use of JCT and NEC models) · Subcontracts · Collateral Warranties · Professional Appointments · Performance Guarantees and Bonds · Deeds of…
Forbes News
30/07/19
What is a break clause? A break clause is a term in a lease which allows a party (usually the tenant) to end the lease earlier than the contractual end date. The advantage to a tenant is that if they are unsure about the profitability of the business at that location, they can vacate sooner…
Forbes News
30/07/19
It has been reported by the National Association of Schoolmasters Union of Women Teachers (NASUWT) that during 2018 they secured compensation of £14,933,905.34 for its teacher members. The sums were awarded as a result of claims for accidents, attacks by pupils, and employment disputes.…
Forbes News
30/07/19
Annual Workplace Fatality Figures Released by HSE The Health and Safety Executive (HSE) has released its annual figures for work-related fatal injuries for 2018/19. According to the statistics, 147 workers were fatally injured whilst at work between April 2018 and March 2019. Whilst the HSE reports…
Forbes News
30/07/19
Leading legal firm Forbes Solicitors has joined the county's growing network of Lancashire Ambassadors. Forbes, which has offices across Lancashire in Blackburn (two), Accrington, Walton Summit, Preston and Chorley, is ranked as a Legal 500 Top Tier Firm and a Chambers and Partners Leading Firm…
Forbes News
25/07/19
Curran v Calderdale Council A Claimant, who alleged he had sustained personal injury after the wheel of his lorry hit a pothole, has agreed to pay the Defendant's costs in full if the Council agreed to withdraw their application for a finding of fundamental dishonesty. In 2015, the…
Forbes News
25/07/19
W v A Family Leisure Park The Facts In August 2015, the Claimant and his family visited a theme park owned by the Defendant. The Claimant alleged that he was sitting at a table in the restaurant when his chair simply collapsed. He suffered neck and back injuries as a result of the incident…
Forbes News
25/07/19
The Lord Chancellor has announced that the new Discount Rate will be set at minus 0.25% and will take effect from 5 August 2019. It is disappointing news for Compensators; although damages claims will be reduced, the savings fall far below those that would have been achieved had a change back to a…
Forbes News
25/07/19
Kathleen Musson (suing as Executrix of Leslie Musson) v Co-operative Group Ltd Forbes Solicitors has successfully defended what is likely to be one of the last strict liability, pre-Enterprise and Regulatory Reform Act (ERRA) cases. The Facts The Claimant on behalf of the deceased Leslie…
Forbes News
25/07/19
Higgs v Bury Council The Claimant brought a personal injury claim after tripping in the street. The Defendant admitted liability but put the Claimant to strict proof at trial. The Facts The Claimant alleged that she was on her way to pick her daughter up from school when she stubbed her…
Forbes News
25/07/19
Woodward & Anor v Phoenix Healthcare Distribution Ltd (2019)[2019] EWCA Civ 985 The Court of Appeal has confirmed that a party is not required to draw attention to mistakes made by another party. The Facts The Claimants, through their solicitors, purported to serve a Claim Form and…
Forbes News
25/07/19
Sudhirkumar Patel v (1) Arriva Midlands Ltd (2) Zurich Insurance PLC (2019) [2019] EWHC 1216 (QB) QBD (Judge Melissa Clarke ) 14/05/2019 A Claimant who alleged that he was unable to move or communicate has been found fundamentally dishonest and has had his claim struck out by the High Court, after…
Legal Article
23/07/19
Every year, the Regulator of Social Housing (RSH) publishes their annual consumer regulation review, which sets out how the RSH has applied consumer regulation legislation as well as gives examples of this in action. The RSH, as a regulator, publishes these reports to ensure transparency in their…
Forbes News
22/07/19
A Midsummer ball organised by Forbes Solicitors and Handelsbanken has raised £9,300 for a national youth charity based in Chorley. The event was held at Shaw Hill Golf Resort and Spa Hotel, Whittle-le-Woods and was attended by more than 130 guests from the local business community.…
Forbes News
22/07/19
Preston-based Business Insight 3 Ltd has undergone a management buyout by Director Glen Higson. Bi3 has been keeping property secure and people safe and informed since 2009. It combines innovative, cutting edge technology from around the world with in-house expertise to provide bespoke solutions…
Forbes News
22/07/19
On all Commercial Property transactions it is recommended that standard pre-contract searches are carried out, whether they are absolutely essential does depend on the type of transaction proceeding. For example, should you be purchasing a commercial property with a lender involved then searches must be…
Forbes News
22/07/19
What are incoterms? Incoterms, short for International Commercial Terms, were first published by the International Chamber of Commerce (ICC) in 1936 and have since facilitated business' terms of trade around the world. Traders can choose to incorporate Incoterms into their contracts to…
Legal Article
17/07/19
A Joint Committee on Human Rights has welcomed the proposed draft Fatal Accidents Act 1976 (Remedial) Order 2019 ("the Remedial Order") to extend the right to claim bereavement damages to cohabiting couples. The Committee notes that it is regrettable that it has taken twenty years following…
Legal Article
15/07/19
The Lord Chancellor has today announced that the new discount rate will be set at minus 0.25%. The announcement follows a comprehensive review of the rate as provided for in the Civil Liability Act 2018. Currently the discount rate stands at minus 0.75% after it was controversially reduced in 2017…
Legal Article
15/07/19
It has not quite been 10 years, but it has been some time now since the Equality Act 2010 hit the statute books. The swansong of Gordon Brown's Labour administration, it was an ambitious piece of legislation which sought to consolidate nearly 40 years' worth of anti-discrimination laws into a…
Legal Article
11/07/19
On 09 July 2019, the Information Commissioner's Office (ICO) announced that it intended to fine Marriott International, Inc more than £99 milllion for breaches of the General Data Protection Regulation (GDPR). The ICO confirmed that it has conducted an investigation into Marriot…
Legal Article
10/07/19
An independent review by the Office of Tax Simplification (OTS) has concluded that the "seven year rule", a bedrock of UK inheritance tax (IHT) planning whereby assets given away during an individual's lifetime are exempt from IHT if the individual survives for at least seven years, should…
Forbes News
09/07/19
A common question that is often asked by employers is what can I do if my employee has covertly recorded a meeting. Only a few years ago employees would have to be very motivated to covertly record meetings and it was not uncommon to find employees producing devices James Bond would be envious of,…
Forbes News
08/07/19
Leading legal firm Forbes Solicitors has appointed Michael Chambers as Partner and head of its growing Dispute Resolution team. The team has also been boosted by the arrival of Laura Hallett Lea as an Associate, Jordan Davies as a Solicitor, Andrew Wilkinson as a Paralegal and Sophie Jackson as a…
Legal Article
08/07/19
British Airways (BA) has been issued a notice by the Information Commissioner's Office (ICO) regarding its intention to fine the airline £183.39 million for violation of the General Data Protection Regulation (EU) 2016/679 (the GDPR). What did they do wrong? The violation in question…
Forbes News
05/07/19
The House of Commons Women and Equalities Committee published its report into "The use of non-disclosure agreements in discrimination cases" last month. The Committee launched an inquiry following the concern surrounding non-disclosure agreements ("NDAs") in the wake of the #MeToo…
Legal Article
04/07/19
The after effects of a deliberate cyber attack continue to be felt by the UK's largest provider of forensic analysis services. It has come to light that UK police have frozen all work with Eurofins, who conduct DNA analysis, toxicology, ballistics and computer forensics work for police forces, as a…
Forbes News
04/07/19
JLE v Warrington & Halton Hospitals NHS Foundation Trust [2019] What is a Part 36 Offer? A Part 36 offer is an offer to settle a case pursuant to Part 36 of the Civil Procedure Rules. There are unique consequences for an offeree who rejects a Part 36 offer and then fails to 'beat…
Forbes News
02/07/19
Are you aware of the important changes affecting Stamp Duty Land Tax (SDLT)? When there is a reportable property transaction, there is a requirement to inform H M Revenue & Customs (HMRC) by submitting a Stamp Duty Land Tax Return Form (SDLT) and paying the necessary SDLT payment. At…
Forbes News
01/07/19
There have been calls for Divorce law reform for a number of years and it now seems that a positive decision to that is imminent. MP's are debating The Divorce, Dissolution and Separation Bill which, if passed, will overhaul the current system of fault-based divorce. The idea behind the Bill is…
Forbes News
01/07/19
Leading legal firm Forbes Solicitors has boosted the expertise and experience in its Housing and Regeneration (Property) team with a series of key appointments. The team, led by recently promoted Partner Jennifer Hankinson, has grown by 50% in the last year, with new appointments ranging…
Forbes News
28/06/19
Leading legal firm Forbes Solicitors has been honoured at The Lawyer Awards 2019 - receiving a commendation in the Regional Law Firm of the Year (Independent) category. The awards, held at the Grosvenor House Hotel, London, are the leading awards initiative within the legal calendar and are the…
Forbes News
27/06/19
When deciding to buy a commercial property through a pension scheme arrangement, it is important to bear in mind that there are additional issues and complexities involved through the course of the transaction. Some of the key issues relevant to pension scheme purchases which should be considered at the…
Forbes News
27/06/19
Entering into a CVA appears to be a current fashion trend amongst retailers. Although they can serve as an important rescue remedy for struggling companies, the impact on landlords is unique from any other creditor which can lead to unexpected consequences. Landlords of the hairdresser chain Regis…
Legal Article
27/06/19
Cullum v Rainbow Amusement Park Ltd A Claimant brought a claim for personal injury after she alleged that she had been injured whilst riding on the "Twist" fairground ride at the Defendant's Amusement Park. The popular "Twist" ride rotates in one direction whilst the…
Forbes News
27/06/19
Royal Automobile Club Ltd v Catherine Wright (2019)EWHC 913 (QB) The High Court has concluded that an application by a Defendant in a personal injury claim to withdraw an earlier admission of liability had rightly been rejected. The Claimant brought a claim against her employer after she…
Forbes News
27/06/19
The Association of Directors of Environment, Economy, Planning and Transport (ADEPT) have published an advice note - 'Potholes - a Repair Guide'. The research was commissioned by the Department for Transport following the severe weather of the 2017/18 winter, which caused a dramatic increase in…
Forbes News
27/06/19
Derbyshire v TMBC The Claimant alleged he was jogging along the road when he twisted his foot on a defect and suffered a personal injury. He brought a claim against the local authority. The Claimant had been jogging on a hatched area at the side of a carriageway, which was unpaved and around…
Forbes News
27/06/19
Sandra Shelbourne v Cancer Research UK (2019)[2019] EWHC 842 (QB) The High Court has considered the liability of an employer after an employee was injured at an office Christmas party by another partygoer. The facts In December 2012, a Christmas party was held at the Cambridge Research…
Forbes News
27/06/19
Lachaux v Independent Print Ltd & Anor (2019)[2019] UKSC 27 For the first time the Supreme Court has considered the meaning and effect of the "serious harm" requirement in section 1(1) of the Defamation Act 2013. Section 1(1) provides that a statement is not defamatory unless it has…
Forbes News
27/06/19
Football club fined after tragic death of a volunteer A football club has been fined £1000 and ordered to pay costs of £1000 after the death of a volunteer. The 71-year old volunteer had been helping at the club when he accessed the roof to carry out a repair and fell through fragile…
Forbes News
27/06/19
Rebecca Osborne v Bourne Leisure Ltd (2019) CC (Winchester) (Judge Iain Hughes QC) 26/02/2019 A Defendant leisure resort owner was found liable after a guest sustained an injury whilst participating in an organised game at the Defendant's premises. The facts The Claimant was on…
Forbes News
26/06/19
Agricultural property can be far more specialist than many first appreciate; even the seemingly straightforward transfer of a small field can involve additional considerations such as the transfer of Entitlements (for example Single Farm Payment and the like), any applicable Agri-environmental…
Forbes News
24/06/19
In the recent case of BIC U.K. Limited v. Burgess [2019] EWCA Civ 806 ("BIC"), the Court of Appeal offered further clarity on the ability to retrospectively amend pension scheme rules. The Court of Appeal overturned the previous High Court decision finding that increases to pensions in payment…
Legal Article
21/06/19
A construction project typically involves a number of professionals contracted to provide a variety of services. The role of a contractor and its sub-contractors is to carry out the physical work, whereas the role of a professional is to provide specialist advise relating to the project. The group of…
Forbes News
21/06/19
Leading legal firm Forbes Solicitors has appointed Jennifer Ross as an Associate in its Conveyancing Department. Jennifer, who is based in the Blackburn office, is a lawyer who has qualified as a Fellow of the Chartered Institute of Legal Executives in 2003, having worked in the legal sector since…
Legal Article
20/06/19
Alexander Devine Trust v Millgate 2018 What is a restrictive covenant on land? A restrictive covenant over land is a contract which runs with the land, and prevents that owner from doing certain things (usually relating to development or use). How is a restrictive covenant released /…
Legal Article
18/06/19
When purchasing a business, whether it is a purchase of its share capital or its assets and liabilities, the buyer of the business will often undertake due diligence (the level of which varies dependent upon the size of the undertaking, the terms of the deal and the level of pre-existing knowledge by…
Legal Article
14/06/19
Advice given by professionals will be of the utmost importance to the client relying on it and be fundamental to business decisions. This may include examples such as legal advice on a significant transaction, an architect assisting with a construction project, engaging a chartered accountant to advise…
Legal Article
14/06/19
Poole Borough Council v GN & Another Those of us who are involved with claims that deal with the actions of local authority social services have been waiting with baited breath for the handing down of the Supreme Court judgment in Poole BC v GN for almost 12 months. However, with the flood of…
Legal Article
14/06/19
Anne Longfield, the Children's Commissioner for England, has published a report whereby she calls upon local authorities, and other institutions, to collate and provide data regarding all children who have been accommodated in a secure setting, and therefore deprived of their liberty. In…
Legal Article
14/06/19
The Government has announced it intends to spend £15m to keep children out of care with an innovative scheme based on existing Family Drug and Alcohol Courts (FDACs) and Family Group Conferencing (FGCs) models. The new scheme named Supporting Families; Investing in Practice will be rolled…
Forbes News
13/06/19
Jennifer Hankinson has been promoted to Partner to lead Forbes Solicitors' Housing and Regeneration (Property) Department. Jennifer, a Legal 500 recommended lawyer for 2019, specialises in housing and regeneration property law and worked as an in-house lawyer for a registered provider for…
Legal Article
12/06/19
The issue of criminality under data protection has once again come into the spotlight. A Stockport Home Limited employee, Wendy Masterson, was found guilty at Stockport Magistrates Court on 6th June 2019 of unlawfully accessing individual's personal data without having a legitimate reason to do so…
Forbes News
12/06/19
A new version of Form 6A (the s.21 notice) has been introduced and must be used by landlords from the 1 June 2019. The new Form 6A (s.21 notice) can be found here: http://www.legislation.gov.uk/uksi/2019/915/contents/made This change has been ushered in as part of the government's introduction…
Legal Article
07/06/19
The Government yesterday issued a consultation on its proposed changes for building safety for high rise buildings following the Hackitt Review. Please click here to view the proposed changes. The proposals are intended to improve safety and minimise the risk of fire in high rise buildings by…
Forbes News
05/06/19
Following on from our previous blog 'MEES, please….are you ready?' published on 16 February 2018, the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (the "MEES Regulations"), have now been amended as of 1 April 2019 by the Energy Efficiency (…
Legal Article
05/06/19
The reform of developer planning contributions continues with the government proposing its seventh set of reforms to the Community Infrastructure Levy (CIL) Regulations 2010. The latest set of draft reforms seek to improve the operation of CIL by reducing complication, increasing market responsiveness…
Legal Article
05/06/19
Sometimes people find themselves in a situation where they feel they need protection from a certain person. You are usually able to apply for a Non-Molestation Order if you are a victim of domestic abuse and the person you want to be protected from is a "connected person". A connected person…
Legal Article
05/06/19
The media have recently reported that abusive partners could be banned from seeing their own children as the government is launching an enquiry in to family courts that are secretive. The ministry of justice have revealed that there will be a three month consultation when a panel of experts with…
Legal Article
31/05/19
'Bitter Sweet Symphony' was released in 1997 by The Verve, an English alternative rock band. The song was the first single released from their third album ' Urban Hymns' , reaching number two in the UK Singles Charts and remained in the chart for three months. The song contained a…
Forbes News
29/05/19
Leading North West legal firm Forbes Solicitors has advised LBT Holdings Limited over the sale of Bolton-based LBT Brick and Facades Limited to Brickability UK Holdings Limited. The deal, for an undisclosed sum, sees the expansion of Brickability, providing it with increased coverage in the North…
Legal Article
24/05/19
In Federación de Servicios de Comisiones Obreras (CCOO) v Deutsche Bank SAE earlier this month, the Grand Chamber of the European Court of Justice ("CJEU") decided that in order to ensure compliance with obligations under European Law, employers must keep records of hours worked by…
Legal Article
23/05/19
The existing rules governing divorce are set under the Matrimonial Causes Act 1973. The law requires the petitioner to show that their marriage, or civil partnership, has irretrievably broken down. To do this they have to either prove that their partner (the respondent) is at fault, due to them…
Legal Article
23/05/19
NHS Trust fined after exposing workers to Asbestos Shrewsbury and Telford Hospital NHS Trust has been fined for exposing employees and contractors to asbestos whilst carrying out refurbishment works. The NHS Trust pleaded guilty to two breaches of the Control of Asbestos Regulations 2012 and…
Legal Article
23/05/19
Wigan Council A music teacher who brought a claim against the local authority, alleging negligence and breach of statutory duty has lost at trial. The Claimant was a peripatetic music teacher, who visited the school on a weekly basis to deliver music lessons. She tripped on a threshold whilst…
Legal Article
23/05/19
The National Winter Service Research Group ("NWSRG") has published a new practical guide for winter service. The latest national code of practice 'Well-managed Highway Infrastructure' published in 2016 no longer contains information relating to the delivery of the winter service.…
Legal Article
23/05/19
The UK Roads Liaison Group ("UKRLG") has released an Asset Management Competence Framework to help highway authorities implement the recommendations of the new Code of Practice (Well-managed Highway Infrastructure), in particular, Recommendation 15 'Competencies and Training' which…
Legal Article
23/05/19
The Ministry of Justice has announced proposals to amend the Fatal Accidents Act 1976 to allow bereavement damages to be available to cohabitees. The proposed Remedial Order will enable a person who has cohabited with the deceased person for a period of at least 2 years immediately prior to the…
Legal Article
23/05/19
Elizabeth Rogerson v Bolsover District Council [2019] EWCA Civ 226 The Court of Appeal has confirmed that pursuant to s.4 Defective Premises Act (DPA) there is no specific duty on landlords to carry out a system of regular inspection. The facts The Claimant was a tenant of a house owned…
Legal Article
23/05/19
Nazir v Blackburn with Darwen Borough Council A claimant who presented a grossly overstated and exaggerated care claim has been found to be fundamentally dishonest by the Court. The claimant tripped and fell on to her left elbow in 2014 and sustained a fracture. A breach of duty was admitted…
Legal Article
17/05/19
On 7 May 2019 the Regulator of Social Housing launched a 12 week consultation on a revised Rent Standard that will come into force from the 1st of April 2020, replacing the current guidance which was published in May 2015. This consultation follows the Secretary of State for Housing, Communities and…
Forbes News
10/05/19
Leading legal firm Forbes Solicitors has advised Blackburn-based entertainment services specialist HSL Group Holdings Limited over the sale of its business to 4Wall Entertainment Inc. The multi-million pound deal sees HSL, which provides high level lighting, video, rigging, and production services…
Forbes News
08/05/19
Forbes Solicitors has been selected to advise one of the largest housing associations in the North of England after being named as a successful bidder for Together Housing Group's Legal Services Framework. Forbes will advise on legal issues surrounding Housing Management & Litigation,…
Forbes News
01/05/19
Earlier this month, a solicitor at magic circle law firm Allen & Overy was referred to the Solicitors Disciplinary Tribunal by the Solicitors' Regulation Authority ("SRA") over a non-disclosure agreement ("NDA") signed by a former assistant of Harvey Weinstein, the eponymous…
Legal Article
30/04/19
An issue that should be considered by the parties in all property transactions is the impact of any capital allowances, which can be claimed over expenditure on "plant and machinery" in a property as a means of saving tax. Although a pension scheme is a non-tax-paying entity, enquiries should…
Forbes News
23/04/19
Leading legal firm Forbes Solicitors has appointed Associate Kirsty Varley to its Housing and Regeneration Team. Kirsty, recognised as a Next Generation Lawyer in Legal 500 for Social Housing, is highly experienced in housing management and anti-social behaviour issues and has Higher Rights,…
Legal Article
18/04/19
Following on from our previous article 'MEES, please….are you ready?' published on 16 February 2018, the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (the "MEES Regulations"), have now been amended as of 1 April 2019 by the Energy Efficiency (…
Legal Article
16/04/19
Unfortunately we are seeing more and more cases where one party is either not complying with a Court Order in its entirety or, is picking and choosing which parts of the Order they will adhere to. This can be a very expensive risk to take. In a recent Judgement of CM and CM 2019 EWSC 16 , the…
Forbes News
15/04/19
Forbes Solicitors has advised Bolton Car Centre (BCC Cars) over the sale of three motor retail sites to North West-based Chapelhouse Motor Group. The sites in Blackburn, Bolton and Wigan will continue to represent Suzuki and Citroen franchises under the Chapelhouse name. BCC Cars will continue…
Legal Article
12/04/19
British business is continuing to suffer from a damaging late payment culture. Recent research shows that small businesses in the UK are facing a collective bill of £6.7bn per annum due to late payments by other companies, up from £2.6bn in 2017. The cyclical nature of late payment…
Forbes News
12/04/19
Forbes Solicitors have agreed a three-year deal to become joint sponsors of East Lancashire Chamber of Commerce's International Trade Club. The partnership, which also involves Baldwin's Accountants, begins on May 1 and will allow International Trade Club members access to Forbes'…
Legal Article
12/04/19
In the latest development on Brexit, it has been agreed that the UK will now leave the EU on 31 October 2019, unless a further extension is agreed! However, there still remains a significant amount of uncertainty over what will happen to EEA citizens who are looking to live and work in the UK in the…
Legal Article
11/04/19
With the pervading sense of uncertainty consuming the arrangements for the UK leaving the EU, it is an unsettling time for both the populace and companies operating within the jurisdiction. One of the many uncertainties is the potential impact Brexit may have on UK employment laws, and consequently…
Legal Article
10/04/19
The Business & Human Rights Resource Centre published the findings of its research into the increase in global gig economy litigation last month in its report titled "The Future of Work: Litigating Labour Relationships in the Gig Economy". The report stresses the need for a rights based…
Legal Article
10/04/19
Canary Wharf (BP4) T1 Ltd and others v European Medicines Agency [2019] EWHC 335 (Ch) The court's finding, on 20th February 2019, in favour of the landlord, Canary Wharf Group, will be met with a sense of relief by those in the Property industry. The tenant, European Medicines Agency (EMA),…
Legal Article
10/04/19
In North West Anglia NHS Foundation Trust v Gregg the Court of Appeal held that an employer was not obliged to postpone a disciplinary hearing pending the outcome of a police investigation into an employee. Dr Gregg was employed as a consultant anaesthetist by the Trust since September 2003. In…
Legal Article
03/04/19
The media have recently reported on the protection for girls from forced marriage by increasing the minimum age to 18 years. Campaigners have raised the issue regarding children marrying at the age of 16 years with parental consent as remaining vulnerable to forced marriage. Conservative MP Pauline…
Legal Article
02/04/19
Craig MacKenzie and Craig Liversidge have acted for an accountant charged with multiple frauds and making employer-related investments. This was a high profile case widely reported in the press. It was the first case of its kind prosecuted by The Pensions Regulator (TPR). Proceedings followed…
Legal Article
02/04/19
Accidents happen…just as much in the workplace as they do in the outside world. Employees may unfortunately sustain an injury while at work, which could result in them being off sick. This could be a slip resulting in a broken leg, with multiple operations required, or could be sustained due to…
Legal Article
28/03/19
The Employment Appeal Tribunal ("EAT") has recently ruled upon whether adverse treatment of a gay Head Teacher can constitute constructive dismissal and sexual orientation discrimination. In Tywyn Primary School v Aplin, the EAT upheld the decision of the Employment Tribunal ("ET")…
Forbes News
28/03/19
Three members of staff at leading North West legal firm Forbes Solicitors are celebrating after qualifying as Solicitors. Olivia Jack, Michael Rutter and Lucy Bailey, all based in the Walton Summit office, are now beginning the next stage of their careers with the firm. Olivia works in the…
Legal Article
28/03/19
The Employment Appeal Tribunal ("EAT") in Beattie v Condorrat War Memorial and Social Club & Others recently upheld a tribunal decision that a procedural failing in carrying out an investigation and a finding of unfair dismissal did not necessarily lead to compensation. The Claimant…
Legal Article
28/03/19
You can have all the ingredients for a successful business - a great product or service, happy customers and dedicated staff, but if the cash is not coming through, it can crumble. Currently, British business is continuing to suffer from a damaging late payment culture and SMEs are amongst the…
Legal Article
28/03/19
Wigan Council The Claimant alleged that during the course of her employment as a teaching assistant at a special needs school she suffered a serious injury to her right knee whilst trying to retrieve a keyboard from the highest shelf in a storeroom. The keyboard was required for a music lesson…
Legal Article
28/03/19
The Lord Chancellor, David Gauke MP, has officially launched the anticipated review of the discount rate in a written statement to Parliament. The first review of the discount rate under the new Civil Liability review will start with immediate effect. Pursuant to the new process set out in the…
Legal Article
28/03/19
Norman Fearn v Information Commission (EA/2018/0124) The First-tier Tribunal (Information Rights) has dismissed an appeal from a member of the public seeking information relating to the projected costs budget of an ongoing litigated case. Mr Fearn asked the council for the following…
Legal Article
28/03/19
In the case of Beardmore v Lancashire CC (Liverpool) (Judge Graham Wood QC) 06/02/2019, a Circuit Judge on appeal allowed the claimant to recover medical agency fees in a public liability ("PL") case that had exited the portal, and where the issue of disbursements was covered by fixed costs…
Legal Article
28/03/19
In the recent case of Fitton v Ageas (2018) Fam Ct (Judge Parker) 08/11/2018, a Circuit Judge has ruled that the protocol for low-value personal injury claims is a self-contained code and as a result the normal principles of contract such as the doctrine of mistake does not apply. The facts…
Legal Article
28/03/19
Reminder to Ensure Scaffolding is Stable and Safe in High Winds Following the recent exceptional high winds, the HSE is calling on construction workers to ensure scaffolding is stable and safe by following the scaffold design checklist. According to the HSE, the scaffold checklist is designed to…
Legal Article
28/03/19
With Brexit potentially fast approaching, the Financial Conduct Authority (FCA) has taken a proactive response to provide effective information and prepare inbound passporting financial services firms on their operation within the UK. Currently, financial services firms in any European Economic Area (…
Legal Article
27/03/19
After the recent Seabourne Freight debacle, where a now infamous £13.8 million ferry service contract was awarded to the company even though it had no ships, public procurement is once again in the news for the wrong reasons. The Dawnus Group has filed for administration following claims that…
Legal Article
22/03/19
How does the law treat the driver of an emergency vehicle passing through a red light whilst on an emergency call, probably on the way to save another life? In the case of Craggy v Chief Constable of Cleveland Police (2009) two emergency vehicles collided t a traffic light junction, one a police…
Legal Article
22/03/19
Medical Reports in RTA cases are the latest part of the CPR to become subject to fixed fees. As of 1 October 2014, a new fixed costs regime will come into force governing the fees which can be charged for the obtaining of expert medical reports in RTA Protocol claims. The updated Rule 45.19…
Legal Article
22/03/19
The terminology surrounding the execution of a will can sometimes be quite daunting, especially when you are dealing with the death of a person or relative close to you. At Forbes Solicitors, we understand the information regarding this subject may not be the easiest to process, which is why we have…
Legal Article
22/03/19
Obstetric claims represent 10% of clinical negligence claims by number and account for 48% of new claims reported. Birth injuries have significant human and legal cost. The consequence of such can result in permanent, catastrophic injury. Lawyers are often blamed for spiralling costs, but…
Legal Article
22/03/19
On the 20 March 2019, the Homes (Fitness for Human Habitation) Act 2018 came into force. The Act is aimed at improving housing conditions in the rented sector. Helpfully, the government has been issued guidance for landlords*. As the government guidance says, there are no new obligations for…
Legal Article
21/03/19
In iForce Ltd v Wood , the Employment Appeal Tribunal held that an employee's mistaken belief that her condition was under threat by working conditions did not establish unfavourable treatment due to a disability pursuant to s.15 of the Equality Act 2010. An actual rather than a perceived causal…
Legal Article
21/03/19
When running a family business all aspects of growth and exit strategies still apply. However, exit strategies can, especially in longstanding generational family businesses, be emotive. Growing your family business Are you looking to take your business to the next level? There often…
Legal Article
21/03/19
In cases of contractual dispute the question of when damages can be awarded is of obvious importance to the parties involved. But what happens in cases where the dispute is over negligent misrepresentation? Rescission of the contract is the normal remedy in such a case, but is there any situation where…
Legal Article
21/03/19
The Employment Appeal Tribunal ("EAT") recently addressed the issue of hypothetical comparators in employment claims in Governing Body of Sutton Oak Church of England Primary School & 2 Others v. Mr M Whittaker. The Respondent was a primary school teacher who was employed at the…
Legal Article
21/03/19
Recent surveys and high profile campaigns have highlighted changes in the pension's landscape across the UK. The role of a pension scheme trustee is more challenging than ever with funding, regulation and many other hurdles to overcome. What is a pension scheme trustee? A pension…
Legal Article
21/03/19
The Lord Chancellor, David Gauke MP, has officially launched the anticipated review of the discount rate in a written statement to Parliament. The first review of the discount rate under the new Civil Liability review will start with immediate effect. Pursuant to the new process set out in the…
Legal Article
21/03/19
In the case of Beardmore v Lancashire CC (Liverpool) (Judge Graham Wood QC) 06/02/2019, a Circuit Judge on appeal allowed the claimant to recover medical agency fees in a public liability ("PL") case that had exited the portal, and where the issue of disbursements was covered by fixed costs…
Legal Article
18/03/19
In the lead up to the Budget Statement at the end of October 2018, the Chancellor announced that changes to Entrepreneurs Relief ('ER') would be introduced in the New Year. ER is a relief applied on the sale of certain business assets or shares where Capital Gains Tax is charged at a reduced…
Legal Article
18/03/19
The High Court has granted an exceptional order pursuant to section 125 of the Companies Act 2006 for rectification of a company's register of members, to replace a deceased member with the executor named in her will prior to obtaining a grant of probate. Background In many companies,…
Legal Article
18/03/19
The Court of Appeal in The Mayor & Burgesses of the London Borough of Lambeth v. Agoreyo this week confirmed a decision of the County Court that a school had reasonable and proper cause for suspending a teacher in order to investigate allegations that she had used unreasonable force against two…
Legal Article
18/03/19
The Court of Appeal held in Network Rail Infrastructure Ltd v Crawford, that where the normal entitlement to an uninterrupted 20-minute rest break under Reg 12(1) of the Working Time Regulations 1998 ("WTR") is excluded by a 'special case' exemption, the equivalent period of…
Legal Article
18/03/19
The Employment Appeal Tribunal ("EAT") held in SW Yorkshire Partnership NHS Foundation Trust v Jackson that it can be unfavourable treatment under the Equality Act 2010 to send a woman on maternity leave an important email at an email address that she can't access. However, it will be…
Legal Article
18/03/19
Joint Council for the Welfare of Immigrants, R (On the Application Of) v Secretary of State for the Home Department (2019) EWHC 452 (Admin) Following a Judicial Review, the Court has found that Sections 20-37 of the "Right to Rent Scheme", as brought in by Immigration Acts 2014 and 2016…
Legal Article
18/03/19
On the 28 February 2019 the Board of the Financial Conduct Authority (FCA) published changes affecting the way individuals access information held on the Mutuals Register. The changes, set out in the Fees (Miscellaneous Amendments) (No 13) Instrument 2019/10, remove the current charges for inspecting…
Legal Article
13/03/19
The Law Society has recently published guidance for Solicitors to highlight the changes in both civil and commercial cooperation that is likely to occur should the UK leave the EU without having reached any agreement on the 29th March 2019. The result of the UK and the EU failing to reach a…
Legal Article
11/03/19
The English Housing Survey released their annual report for 2017/18 on the 31 January 2019 and it made interesting reading. The social rented sector had the highest rate of overcrowding, and the lowest rate of under-occupation; both increased between 2016-17 and 2017-18. The main headline from the…
Legal Article
11/03/19
Homes England introduced Strategic partnerships in 2018, an ambitious new mission to partnership with all areas of the housing industry sector to provide a response to the long-term housing challenges facing our country. The plan announced in the 2018 budget was to secure £653 million in grant…
Legal Article
08/03/19
Partners Lachlan McLean and Lucie Cocker of Forbes Solicitors were delighted to host the Law Commission's consultation event for Social Landlords on leasehold home ownership and reinvigorating commonhold at our Manchester offices. The Law Commission put forward proposals for reform to Right to…
Forbes News
05/03/19
Forbes Solicitors' Corporate Department have been shortlisted in the prestigious North West Business Insider 2019 North West Young Professionals Awards. The team has been selected in the Young Professional Team of the Year category, with the winners due to be announced at The Midland Hotel,…
Legal Article
04/03/19
Criminal record checks form an important stage of many recruitment processes for a multitude of positions and sectors, but it has long been accepted that not all criminal transgressions are pertinent to position being applied for. A potential employee's driving charge has little relevance if the…
Legal Article
04/03/19
New guidance from the Court of Justice of the European Court allows Scotch whisky distillers greater strengths against similar products with misleading brand names. There are many witty exchanges to enjoy in the classic BBC political comedy "The Thick of It". A personal favourite sees…
Forbes News
04/03/19
Jane Burbidge has re-joined leading North West legal firm Forbes Solicitors as a Partner and Head of the Wills, Probate, Tax and Trusts Team. This is as part of the Law Returners Programme supported by The Law Society and Women's Returners Network. Jane qualified as a solicitor in 1998 and…
Legal Article
01/03/19
The importance of transparency and openness in public works procurement has made headlines with the £33 million settlement between UK Government and Eurotunnel after the former awarded contracts for a no-deal Brexit ferry service in a "secretive" manner. In December 2018, the…
Forbes News
26/02/19
Blackburn Incorporated Law Association (BiLA) has raised £1,445 for Rosemere Cancer Foundation at its annual dinner, held at Northcote at the Rovers in Blackburn. The cancer charity, based at Royal Preston Hospital, supports world class cancer treatment throughout Lancashire and South Cumbria…
Legal Article
25/02/19
Two companies heavily fined after a girl is killed whilst using a lift in her own home In August 2015, a five-year-old girl was using an internal lift, which had been fitted in her home for use by her disabled brother. The girl put her head through a hole in the vision panel and as the lift moved…
Legal Article
22/02/19
After events on the 14th February the UK became the closest it has even been to a no deal Brexit. With further talks scheduled with EU leaders over the next few weeks, the future of the UK is uncertain. But what does this mean for business owners in a legal context and how should they prepare in light…
Legal Article
22/02/19
From April 2019 there will be a significant increase in the fees charged by the Probate Registry for processing applications for Grants of Probate and Letters of Administration. At present, probate fees are a flat fee of £215 for applications made by individuals and £155 for applications…
Legal Article
21/02/19
Lincolnshire Housing Partnership (LHP) protect their staff and residents with a 5 year Injunction & Power of Arrest including a whole estate exclusion clause Details of Court Proceedings In March 2018, the Defendant attacked one of LHP's employee's and then went on to damage the…
Legal Article
20/02/19
An article by the BBC earlier today reported on the intention of Scottish Universities to lower the entry requirements to students from disadvantaged areas. The intention is not to guarantee those gaining the grades a place, but to take students over the threshold for consideration. For example,…
Legal Article
20/02/19
Ms De Groen had been employed as a teacher by Gan Menachem, an ultra-orthodox Jewish Nursery, since July 2012. She was living with her boyfriend whilst working at the nursery, in contravention of the strict religious requirements of ultra-orthodox Judaism. This information came to light at a barbeque…
Legal Article
20/02/19
In schools where the employer is the local authority, if the school wanted to hire someone on a tier 2 visa, would the local authority need a licence to sponsor these visas? Yes, the Local Authority would need to have a tier 2 licence in order to sponsor the visa of the proposed employee. If the…
Forbes News
18/02/19
Leading legal firm Forbes Solicitors has appointed Katy Parkinson as a Solicitor in its Commercial Employment team. Katy, who is based at Oak House, Walton Summit, qualified in 2015, having worked in the legal sector as a paralegal and then as a trainee solicitor since 2009. She advises…
Legal Article
15/02/19
Shaughnessy v Adrenalin Zone Ltd The Claimant brought a claim following an accident on an amusement attraction. The attraction in question offers riders the thrill of skydiving and hang gliding. Participants wear a full body flight suit that supports the flyer in a prone position. The flight suit…
Legal Article
15/02/19
Allinson -v- East Riding of Yorkshire Council An elderly claimant alleged that on 7th October 2014 she tripped over a sunken gully in the pavement and sustained an injury. Following the accident, the claimant's husband took photographs of the highway but unfortunately took photographs of…
Legal Article
15/02/19
A man has received £40,000 in damages after bringing a libel claim against the former Chairman of the UKIP Bristol branch following the publication of a Tweet during the 2015 general election campaign. In May 2015, a Tweet was posted by UKIP's Bristol branch consisting of a photograph of…
Legal Article
15/02/19
Forbes has defended two unusual claims on behalf of a local authority. Two former pupils of a primary school brought a claim against the local authority alleging that they had sustained psychological and minor physical injuries as a result of being bullied by another child. It was specifically…
Legal Article
15/02/19
The Homes (Fitness for Human Habitation) Act 2018 ("the Act") comes into force on 20th March 2019. The Act will enable tenants to pursue claims relating to substandard housing conditions. Currently, there are no provisions requiring landlords to ensure that their properties are fit for human…
Legal Article
15/02/19
The Ministry of Justice has published its long awaited review of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). Part 2 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) assesses the impact of five statutory reforms implemented following Sir Rupert…
Legal Article
15/02/19
With the Brexit deadline imminently approaching, how can you prepare your business for Brexit? This is a challenge facing every SME based in the UK that either sells internationally, has an international supply chain or relies on international workforce. SME's employ over 15 million people and…
Legal Article
05/02/19
This month saw the release of 'A Vision for Social Housing', a report written by Shelter's Social Housing Commission. The report highlights a number of recommendations, one of which is that 3.1 million new social homes should be built in the next 20 years to help solve the housing…
Legal Article
04/02/19
While Brexit currently dominates the majority of our discussions, updates and most frequently, the news, there will be a number of Employment Law developments for businesses to watch out for over the next 12 months. Post-Brexit Immigration rule changes Once the UK leaves the EU free movement…
Legal Article
04/02/19
Consumer habits are changing. That should be obvious to even the most casual observer. High Street footfall and takings continue to decline, whilst the internet boom shows no sign of giving up any ground. More recently, the advent of smart technology has opened up entirely new avenues for consumers…
Legal Article
31/01/19
The Government has recently consulted on the proposal to introduce a specialist housing court to try to tackle the problems frequently experienced by landlords and tenants bringing legal claims: delays, adjournments, lack of technical legal and procedural understanding, increasing numbers of litigants…
Legal Article
31/01/19
Property guardianship is an arrangement by which people are granted accommodation within a property at a below market rent in exchange for keeping the property under observation and in good condition. The guardian's continued occupation provides a disincentive for the property to be occupied by…
Legal Article
31/01/19
According to YouGov national research recently commissioned by Leeds Building Society, three-quarters of people in the UK know about Shared Ownership. However, the research revealed that around 40% of 18-24 year olds had limited awareness of the scheme, despite being the most likely age group to benefit…
Legal Article
31/01/19
Although relatively new on the scene, fracking has recently hit more news headlines and is unlikely to stop in the near future. The fracking site on the Fylde Coast in Lancashire near Blackpool has recently had a great deal of publicity, mostly negative, which includes reports of mini earthquakes…
Legal Article
25/01/19
Recent case law has shed light on the interlocking worlds of land development agreements and public procurement law. The Court of Appeal recently heard the case of Faraday Development Limited v West Berkshire Council, which has reaffirmed the need for caution and compliance when the two overlap.…
Legal Article
25/01/19
With 2019 well under way, some people may have already taken the opportunity to enjoy the many literary and artistic works that have lost their copyright protection as of 1 January, otherwise known in the legal world as 'domain day'. Typically, UK copyright protection lasts for 70 years…
Legal Article
24/01/19
It is now approaching 18 months since the terrible tragedy that took the lives of 72 Grenfell Tower residents on 14 June 2017. So where are we up to with the fallout, and what happens next? The press and public were quick to criticise. In the months following the incident, numerous companies and…
Legal Article
24/01/19
Construction litigation is costly, uncertain and high risk. It gets in the way of ongoing projects, places financial strain on contractors, and creates disruption in the timeframes of a build. Court Proceedings should be a last resort. Whereas the priority for all parties is to get the project completed…
Legal Article
23/01/19
Ever since its launch in the last days of 2018, hundreds of thousands of television fans have been hooked on the phenomenon created by 'Bandersnatch', the latest episode of hit TV show 'Black Mirror'. For those somehow unaware, 'Bandersnatch' deviates from the standard…
Forbes News
23/01/19
Leading law firm Forbes Solicitors has expanded its Employment team in to Manchester city centre. The move coincides with Partner Emma Swan being appointed as Head of Commercial Employment and Partner Ruth Rule-Mullen being appointed as Head of Public Sector Employment, to oversee the Team's…
Legal Article
23/01/19
To the outside world, lawyers are often accused of focussing on some of a contract's finer details and seemingly small points but the recent case of Williams Tarr v Anthony Roylance has demonstrated how a company's fortune can change on a simple turn of phrase or absence of a clear obligation…
Legal Article
22/01/19
Mark Birkett v Calderdale Metropolitan Borough Council Bradford CC - A man who walked into a street sign has lost his claim for personal injury against the local authority. The Claimant alleged that he had been walking along a pavement when he hit his head and arm on a brown tourist road…
Legal Article
22/01/19
In January 2018 at approximately 9.30pm, the Claimant was driving along the road in heavy rain when the front drivers' side of his vehicle collided with a pothole. The Claimant continued home and upon examination of his vehicle realised that the front tyre of his vehicle had sustained damage. He…
Legal Article
22/01/19
Healthcare company fined following fatal minibus accident In March 2014, a vulnerable patient was being transported home in a minibus following a GP appointment. The minibus was travelling along the A52 at speed when the patient opened the door and leapt out. She was fatally injured. Elysium…
Legal Article
22/01/19
A Bristol property owner has been fined for allowing the spread of Japanese knotweed. It is reported that this is the first time the Anti-Social Behaviour, Crime and Policing Act 2014 has been used in this way. In 2017, Bristol City Council served the property owner with a community protection…
Legal Article
22/01/19
Andrew Graeme Waring v Mark Mcdonnell (2018) CC (Brighton) (Judge Venn) 06/11/2018 The Court has ruled that a defendant who made an unsuccessful counterclaim was not entitled to the protection of qualified one-way costs. The facts Two cyclists were involved in a head on collision, both…
Legal Article
22/01/19
Last year was certainly another eventful year for insurers and defendants; and whilst Brexit looks set to be high on the agenda in 2019, we consider what other developments we are likely to see in the year ahead. Civil Liability Act 2018 At the end of 2018, the much-anticipated Civil Liability…
Legal Article
22/01/19
An issue that should be considered by the parties in all property transactions is the impact of any capital allowances, which can be claimed over expenditure on "plant and machinery" in a property as a means of saving tax. Although a pension scheme is a non-tax-paying entity, enquiries should…
Forbes News
21/01/19
Forbes Solicitors have raised more than £2,000 to help with the fight against breast cancer. Colleagues joined together to support Breast Cancer Now's Wear It Pink initiative during Breast Cancer Awareness Month. From Halloween fancy dress, quizzes and raffles to running a soup kitchen,…
Legal Article
17/01/19
It is common in the construction industry for a company to engage individuals to provide services on its behalf to an end client. Whilst the company may want the client to view these individuals as part of their company, it is also common for the company to argue that the individuals are self-…
Legal Article
17/01/19
A key part of a development agreement is ensuring clarity on what constitutes the practical completion of a project, and for it to cover what happens with any deviation from the specification of the project. In the recent case of Mears Ltd v Costplan Services (South East) Ltd and others (2018),…
Legal Article
17/01/19
Those dealing with the development of land for housing should take note of the recent case of The Alexander Devine Children's Cancer Trust v Millgate Developments Ltd and others [2018] EWCA Civ 2679 (LC), in which the Court of Appeal (CoA) refused to allow the modification of restrictive covenants…
Legal Article
17/01/19
Forbes' ASB team were victorious in the County Court this week with our Housing Association client being granted an outright Possession Order and its legal costs by a High Court Judge, following a fully contested Trial. The Defendant tenant had been causing persistent anti-social behaviour…
Legal Article
17/01/19
The Homes (Fitness for Human Habitation) Act 2018 will come into force on 20 March 2019 and have the effect of amending sections 8 and 10 of the Landlord and Tenant Act 1985 as well as inserting new sections 9A, 9B and 9C. Here is a brief overview of the Act and the changes that it will make to…
Legal Article
15/01/19
A former head teacher has been fined for unlawfully obtaining children's personal data from previous schools where he worked. According to the ICO, the head teacher had obtained the information from two primary schools where he had previously been employed, and uploaded it to his then current…
Forbes News
14/01/19
Leading North West legal firm Forbes Solicitors has promoted housing specialist Lucie Cocker to the position of Partner. Lucie, who was previously an Associate Solicitor in the firm's Housing and Regeneration team, works with Registered Providers across the country. She has a wealth of…
Legal Article
14/01/19
Recordings in 2018 show that over 60% of people in the UK do not have a valid Will, according to research from Unbiased.co.uk. This is an all-time high (passing the previous peak in 2011) meaning that now over thirty one million UK adults run the risk of dying intestate and having their estate…
Legal Article
11/01/19
The world will now see the most expensive divorce in history. The Amazon founder Jeff Bezos and his wife are to divorce after 25 years of marriage. The founder and CEO of US online retail empire Amazon is the world's richest man, worth $137bn (£107bn). Mr Bezos has claimed in his Twitter…
Legal Article
10/01/19
We are all familiar with the popular American sitcom 'The Fresh Prince of Bel-Air,' a show that infected the 90's around the world. Yet recent events are scheduled to unleash a 'can of worms' for America's intellectual property law and potentially further afield. Fresh…
Legal Article
09/01/19
Divorced women over 50 end up with pensions worth £100,000 less than their ex partners The press has recently reported that divorced women over 50 end up with pensions worth £100,000 less than their ex-partners. This is very worrying, but unfortunately this is something that is often…
Forbes News
04/01/19
North West companies are being offered free help and advice by Forbes Solicitors, so that they are aware of the potential benefits and pitfalls of the Royal Bank of Scotland Business Banking Switch. The Switch, due to be launched on February 25 2019, is aimed at increasing competition in the UK…
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