Archived News from 2009

December

Claim Compromised Before Proceedings

21/12/09

Natasha Barr v Cooperative Group Taunton County Court 11th December 2009 The claimant sought damages for personal injury arising from an accident at work on 10th August 2005 sustained while handling a unicontainer with a fellow employee. Forbes acted on behalf of the Defendant. In May 2005 the…

Double Celebration at Forbes Solicitors

18/12/09

Forbes in house Training Suite was the venue for their Annual Qualifications celebration for the firms two award winning Programmes. Twelve Trainee Office Clerks completed their apprenticeship framework with Burnley College and four people completed the Forbes Diploma for Legal Secretaries (…

Is it all under one roof?

17/12/09

When you find the house of your dreams, how do you go about making that dream a reality? It's easy to get carried away with colour schemes and furniture shopping, but what you first need is someone to guide you through the legal process to make your dreams become your bricks and mortar. If you have…

Solicitors singing success

15/12/09

Local Solicitor Pauline Rigby is delighted to have won the + Factor Singing Award at the recent North West Society of Chartered Accountants Awards Dinner. Pauline who works for Lancashire law firm Forbes Solicitors fought off stiff competition with her accountancy related rendition of 'Hallelujah'.…

Fatal boiler explosion leads to housing society fine of £50,000

15/12/09

In December 2009, the Health and Safety Executive (HSE) brought a successful prosecution against Severn Vale Housing Society Limited and a plumber contracted by them to carry out work on a boiler in a tenanted property. An explosion then occurred and the tenant was tragically killed. Background The…

Forbes de-clutters for Cancer Research

15/12/09

Following a request for male clothing from Natalie Ward, Manager of Cancer Research UK Blackburn, Forbes staff from the three Blackburn Offices "de-cluttered" their wardrobes and filled many bags to support this worthwhile cause. Natalie commented "Cancer effects one in three people and funds…

Daniel wins big

09/12/09

Forbes Solicitors is pleased to celebrate its sponsorship of The East Lancashire Football Alliance (ELFA) by running a competition for all youngsters in the league to win sports equipment for both themselves and their club. The winner was Daniel Nickson and he has won £300 worth of equipment…

Forbes provides legal advice on the opening of the Black Bull at Rimington

04/12/09

Forbes is pleased to have provided legal advice on the opening of the new Black Bull at Rimington, which opens its doors to the public on Monday 7 December 2009. The new owners Stephen Hodgson and Katherine Lachance decided to embark on the new adventure after cycling past the Black Bull and seeing it…

Court cries foul after football injury

02/12/09

David Michael Wallace v Salford City Council and Moorside High School Forbes successfully defended a claim at Trial brought against Salford City Council where the Claimant's claim was dismissed as he was unable to prove what exactly caused him to trip and sustain injury. The Claimant alleged that…

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November

Awareness Week puts Gas Safety in the Spotlight

23/11/09

From 16-20 November 2009, the Carbon Monoxide Awareness Week aims to raise the profile of gas safety in domestic properties and preventing the risks associated with exposure to carbon monoxide. The provisions of the Gas Safety (Installation and Use) Regulations 1998 cannot be ignored by individuals or…

Prosecution of Gas Engineer highlights risks to tenants

20/11/09

In November 2009, during Carbon Monoxide Awareness Week, the Health & Safety Executive (HSE) released details of a successful prosecution which it brought against a gas engineer who was working illegally in Mansfield. The HSE and Nottinghamshire City Council Trading Standards ran a combined action…

Oliver scores big

18/11/09

Forbes Solicitors is pleased to celebrate its sponsorship of The Central Lancashire Junior and The Mid Lancashire Colts Junior Football Leagues by running a competition for all youngsters in the leagues to win sports equipment for both themselves and their club. The winner was Oliver Lynch who…

Better Safe than Sorry

17/11/09

Edna Aspden v Blackburn with Darwen Borough Council Another pleasing result for the Council when Forbes successfully defended an employer's liability claim at Trial. The Claimant was employed as a secretary at a local Primary School. She sustained personal injury when she was returning a petty…

6-year-old girl receives compensation following hip injury

12/11/09

A hospital Trust admitted liability for the hip injury caused to a six-year-old girl. Following her birth in October 2000, a splint was applied to her left hip. One month later the splint was removed, although no follow-up appointments were arranged. Over the next 18 months the Claimant was noted to…

Passenger claims compensation

12/11/09

A 24-year-old woman received £2,750 compensation for personal injuries that she suffered following a road traffic accident. At the time of the accident the woman was a passenger in a vehicle that was hit by a vehicle driven by the Defendant. The Defendants vehicle had simply driven out of a T…

Forbes sponsors Northcote

12/11/09

Forbes Solicitors is delighted to announce it has been selected as the main sponsor for Nortcotes' chef brigade, headed by renowned local chef Nigel Howarth. The Michelin star restaurant which sits on the edge of the Ribble Valley is best known for its outstanding kitchens with an emphasis on local…

Trainees qualify at Forbes

11/11/09

Lancashire law firm Forbes Solicitors announces six of its trainee solicitors have now fully qualified after completing their two year training contracts with the firm. Jenny Martin qualifies into Family, Farzana Gul into Commercial Litigation, Philip Harding into the Insurance team and Amy Stokes…

Judicial Review on the Cards for RSLs as London & Quadrant appeal fails

06/11/09

The last act may have been played out in the case of London & Quadrant Housing Trust v R (on the application of Weaver) & Equality & Human Rights Commission [2009] EWCA Civ 587. The Supreme Court of England and Wales (formerly the judicial arm of the House of Lords) has refused L&Q's…

Forbes celebrates National Enterprise Week by offering free business advice

06/11/09

Forbes Solicitors is celebrating National Enterprise Week by offering a day of free appointments. The appointments will take place at its Rutherford House office on Wellington Street, Blackburn on Wednesday 18 November. They are offered to any local businesses or anyone thinking of starting up a…

Anti Social Behaviour back in spotlight as Prime Minister voices views

05/11/09

During the Not In My Neighbourhood Week, running from 2-6 November 2009, the Prime Minister Gordon Brown has voiced his views on where there should be more focus in the battle to tackle anti social behaviour. He told an audience in Shoreditch that the three areas that needed to be taken on were reducing…

Landlord fined for failing to protect their tenant

02/11/09

In the latest of a series of prosecutions conducted by the Health and Safety Executive (HSE), a landlord has been punished for breaching the laws concerning gas safety in domestic properties. Due to the fact that there have been gas safety cases in 2009 where custodial sentences have been handed down,…

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October

Commercial Property expansion for Forbes

29/10/09

Forbes Solicitors is delighted to announce the expansion of its Commercial Property Solicitors with the addition of Hannah Moody . Hannah completed her training contract with the firm and has now taken up the position of Solicitor based at the…

Failing to follow procedure can still mean valid tenancies says Court of Appeal

28/10/09

Whenever a new tenancy can be offered for a property, it is always important for local housing authorities and housing associations to be able to show that they have awarded the occupancy in a fair and transparent manner. One of the matters that could be particularly contentious is whether the provider…

Jail for landlord after breaking gas safety laws

28/10/09

A landlord from Cambridgeshire has recently been sent to prison for 16 months after breaching the laws relating to gas safety. It is the latest instance of housing providers being punished for failing to comply with their legal obligations. The verdict in this case should act as a warning to other…

Trainees give Forbes top review

23/10/09

Lancashire Law firm Forbes Solicitors has received its strongest results to date in the latest LEX 100 review and the Chambers Student guide. Forbes was a winner in four ILEX 100 categories including, job satisfaction, living up to expectations, quality of work and client contact categories. The guide…

Local businesses to learn from the Royal Mail strikes

20/10/09

The planned postal strike by Royal Mail staff once again brings into the spotlight the important issue of employee relations for local businesses. Jonathan Holden, an Employment Solicitor with Forbes is warning businesses of the importance of properly informing and consulting staff during times of…

Further expansion for Forbes Employment Team

16/10/09

Forbes Solicitors announces the further expansion of its employment law team with the addition of Amy Stokes. This latest recruitment is a result of an increased workload for the team which is the largest employment law team in Lancashire. It offers specialist advice on all employment related issues…

Forbes expands Wills and Probate Team

09/10/09

Forbes Solicitors is pleased to announce the further expansion of its Wills, Probate, Tax and Trusts team at its Preston office with the appointment of Gregory Poole and Ian Cottam. Winston Hood, Managing Partner comments, "I am delighted to welcome Greg and Ian to Forbes, both have considerable…

Forbes housing client reaches Gas Safety Milestone with our help

08/10/09

Preston's biggest landlord, Community Gateway Association (CGA) in partnership with maintenance contractor Jackson Lloyd, reached the milestone of completing 100% of its gas safety inspections, 99% finished within the service year. This success rate has been made possible due to their innovative ways…

A tip for local businesses

02/10/09

Local law firm Forbes Solicitors is warning Lancashire businesses in the hospitality sector not to get caught out with new laws regarding tips and services charges that come into force today. The new laws mean it is it now illegal for bars, restaurants and hotels to use tips or service charges to make…

Judge a man by the company he keeps…

02/10/09

Shaun Hill v Bolton Council (2009) The Claimant alleged that he had fallen as a result of a defect in the carriageway causing injury to his right wrist and left ankle. Liability was conceded subject to causation and issues of contributory negligence. Concerns were raised as the Claimant was part of a…

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September

Feeling the Heat - Fire Safety Notices continue to be served

30/09/09

The importance of fire safety in residential accommodation should never be underestimated and must be a high priority at all times. The recent tragic incident in Camberwell in London has shown the potential outcome of a fire spreading in a tower block. In order to prevent such disasters happening…

Retirement Age Warning

29/09/09

The High Court last week upheld the law that allows UK employers to force workers to retire without redundancy pay at 65 years old - even if they do not want to retire. As the law stands, an employer can dismiss a worker without redundancy payments on their 65th birthday, as long as they follow the…

Road Traffic Accident victim received £3,250

25/09/09

A 32-year-old man received £3,250 in compensation for pain, suffering and loss of amenity following a road traffic accident which occurred in August 2006. The man had been driving his motor vehicle when the Defendant, driving in the opposite direction, suddenly lost control of his vehicle and…

Hospital pays over one million pounds in damages

25/09/09

A 42-year-old man received £1,600,000 in compensation for the neurological injuries that he sustained as a result of negligent hospital treatment. In February 2004 he attended hospital for a review of his injuries received in a road traffic accident four months previously. An MRI scan was…

Hospital admit liability after woman develops pressure sores

25/09/09

A 46-year-old woman received an out-of-court settlement of £7,500. Having been diagnosed with deep vein thrombosis, the lady attended hospital twelve days later due to an unrelated matter. Whilst in hospital she was informed that she would need to wear anti-ambolic stockings for her deep vein…

Broken leg results from misdiagnosis of bone disease

25/09/09

A 44-year-old man was awarded £50,000 in damages after the hospital failed to make a correct diagnosis. In December 2005, aged 39, he attended his local hospital complaining of pain and swelling in his right leg. He was diagnosed as suffering from deep vein thrombosis and was subsequently…

High ranking for Forbes in latest Legal 500 results

22/09/09

Top North-West law firm Forbes Solicitors has out performed all its local competitors' with its strongest results to date in the UK Guide to the Legal Profession. The firm is recommended in ten separate categories and the only Preston firm to feature in the recommendation table for Employment law,…

Four new trainees join leading law firm

18/09/09

Four new trainee solicitors have been welcomed into leading North West law firm Forbes Solicitors. Sam Gorrell from Preston who has worked as a Paralegal at the firm for the past two years, Lucie Cocker from Chorley, Kurt Edwards from Blackburn and Julia Krier from Lancaster all completed their Legal…

A past tenant's present behaviour can lead to an ASBI for the future

15/09/09

The anti social behaviour of social housing tenants and the ways in which landlords have sought to deal with it has often been the source of a considerable amount of legal action and debate. It is generally considered that a social landlord is permitted to take action if the tenant's conduct interferes…

Is saving a sensible alternative to Life Assurance?

15/09/09

The Credit Crunch has made more and more people think about acting financially responsibly. People are being encouraged to check their bank statements and to cancel unnecessary items. I have recently seen a number of articles which have encouraged saving as a way of protecting the family instead of…

Emergency evacuation of tower block raises fresh fears about safety

15/09/09

The safety of those residing in tower blocks is currently one of the most important issues affecting the social housing and rented accommodation sectors. Following on from the tragic incident in Camberwell, London in July 2009, the significance of ensuring that all blocks have satisfactory fire safety…

Prosecution Sparks Gas Safety into Spotlight

15/09/09

The dangers of having gas work undertaken by illegal gas workers have again been highlighted by a successful joint prosecution by the Health and Safety Executive and Hull Trading Standards. The case comes just weeks after an unaccredited gas engineer was jailed for manslaughter in Brecon. Instances…

Girl receives compensation from hospital

15/09/09

Having failed to diagnose dysplasia of the hip, an abnormal bone growth, shortly after her birth a 6-year-old girl was awarded damages in the sum of £10,000 by the Trust responsible for the hospital, despite the Trust never admitting liability for failing to make a correct diagnosis. A year…

Husband receives £250,000 in compensation following loss of wife

15/09/09

In 2003 a man's wife was diagnosed with breast cancer. She received chemotherapy treatment at the hospital. However, no antibiotic treatment was provided. As a result she died from neutropenic sepsis. The husband alleged that, but for the negligent treatment provided by the hospital, his wife would…

Infant boy cuts hand on bath

15/09/09

A 22 month old boy who suffered a laceration to the base of his little finger on his left hand which was caused by a sharp edge on a metal strip in a bath was awarded £1,125 in compensation. For the first few days following the accident he experienced sleep disturbance and wasn't his usual…

Road Traffic Accident results in compensation

15/09/09

In 2005, aged 59 at the time of the accident, a lady was a front seated passenger in a stationary vehicle when it was struck in the rear by a vehicle driven by the Defendant. Liability for the accident was admitted by the Defendant. Following the accident she attended the Accident and Emergency…

Schoolboy knocked over by car in bus lane

15/09/09

A 14-year-old schoolboy received £2,500 in compensation for multiple injuries sustained following a road traffic accident which occurred in November 2005. The boy, aged 11 at the time of the accident, was making his way to school. To get to school he was required to cross a double-lane main road…

Secondary school pupil contracts mesothelioma

15/09/09

A local authority was found to be negligent after a woman developed mesothelioma after it was proven that it had developed as a result of exposure to asbestos fibres when she had been a pupil at the Defendant's secondary school during the 1970s. She had been a pupil at the school from 1972 until…

Operation to fix broken leg goes wrong

10/09/09

In December 2003 a 29-year-old man underwent an operation following a broken leg. The aim of the operation was to insert a nail into the leg bone to strengthen the bone and to assist recovery. Following the operation the man returned to hospital for a review and x-rays were taken. The x-rays showed…

Manage Asbestos & Manage the Risk

09/09/09

It is difficult to emphasise the dangers caused by asbestos in properties. Each year 1000 people die from past exposure to asbestos and the risk still remains with around half a million buildings still containing asbestos. Those who are responsible for managing the maintenance and repair of buildings…

Reduction in Housing Benefit ruled fair by court

09/09/09

The support provided to individuals in the greatest need through the granting of housing benefit is an area of law which is often the subject of legal action, particularly when attempts are made to reduce the amount in question. Due to the nature of such proceedings (and the possible effect they can…

Last Orders for drink-related Anti Social Behaviour?

09/09/09

It is often the case that the cause of anti social behaviour is the perpetrator drinking large amounts of alcohol. Attempting to deal with this kind of conduct can be especially difficult given that there may be an element of dependency upon the alcohol by the individual. In order to try to deal with…

Avoid Getting into Hot Water by checking for Legionella

01/09/09

The dangers posed by the Legionella bacteria are well known in large water systems such as in hotels, hospitals and factories but it is also possible for them to live in smaller spaces used in residential accommodation (e.g. baths and taps). This threat raises the importance for landlords undertaking…

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August

Promotion at Forbes

27/08/09

Forbes Solicitors is pleased to announce that David Ryan from its Preston office has recently been promoted to an Associate of the firm. He has also recently been appointed a Higher Court Advocate. David works in the firm's Crown Court department advising on all areas of criminal work, from initial…

Forbes Sponsors Lytham Beer Festival

25/08/09

Leading North West law firm Forbes Solicitors are pleased to announce they will be sponsoring Lytham Beer Festival for the third year running. The event which will take place from Thursday 17th, Friday 18th and Saturday 19th September will be serving more than 90 different beers from around the UK and…

Contracting Out Reviews is Valid for Homelessness Applications

24/08/09

The Court of Appeal has recently provided a decision on the validity of handing the review process of homelessness applications to independent third parties. A number of appeals were combined in the case of Michaela De-Winter Heald and Others v Brent London District Council [2009] EWCA Civ 930 on this…

Co-op not liable for spilt milk

19/08/09

Elizabeth Aitken v Co-operative Group Limited Forbes recently represented the Co-operative Group Ltd at trial in a slipping claim where the Claimant's claim was dismissed as District Judge Mainwaring-Taylor found that the Co-operative Group had taken all reasonable care for the safety of visitors to…

Tuition Fees + Study = Graduation - But not if you haven't paid your rent!

17/08/09

Graduating from university is traditionally a time for celebrations and beginning a new career after many years of hard work. For one student however, the summer of 2009 has been more concerned with taking legal action against her university for withholding her degree because of alleged rent arrears.…

Achilles Injury Results in Compensation

13/08/09

In August 2005 whilst playing cricket, a man went off injured after hearing a loud popping noise, or tearing sound from the calf muscle in his leg. He was taken to hospital. At the hospital he was examined and told that he had merely sprained his ankle, and with sufficient rest and treatment with an…

Woman unable to have children makes claim for compensation

13/08/09

In November 2002, 18 weeks into her pregnancy, a lady, then aged 29, attended the hospital for blood tests. The tests revealed that there were anti-c and anti-e antibodies in her blood. The anti-e antibodies increased in number to a dangerous level. At 36 weeks into her pregnancy, her labour was…

Scuba-diving instructor receives payout following Road Traffic Accident

13/08/09

A 27 year old man received £24,872 in compensation after injuring his back in a road traffic accident which resulted in him being unable to pursue his chosen career as a scuba-diving instructor. In April 2004, then aged 23, he was driving his car when he began to overtake another car. As he…

Protect the dream

12/08/09

Many of today's young professionals have grown up in an era of easy credit,soaring house prices and a shop-'til-you drop-culture. Many have paid for their lifestyles by using credit cards or by increasing mortgages rather than paying them off. The only knowledge they had of "hard times" came from the…

Gas Engineer Jailed for Carbon Monoxide Deaths

12/08/09

The importance of having work carried out on gas appliances in residential properties by accredited engineers was highlighted by the recent prosecution and jailing of a gas fitter in Wales after the tragic death of two people. Two individuals died from carbon monoxide poisoning from a warm air central…

What can VOOs do for you?

10/08/09

It is often the case that the most violent offenders will continue to pose a risk of serious harm to the general public, even when they are no longer subject to any restrictions such as imprisonment. In August 2009, a new tool became available for the Police to use which may become an integral part of…

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July

Delay by GP in diagnosing TB

30/07/09

A 56 year old man attended his General Practitioner in August 2001 with regards to pain in his mid to lower back. He was referred to hospital where tests were carried out. However, even when the tests came back abnormal in February 2002 the GP failed to refer him to a rheumatologist. In June 2002 he…

GP Surgery Negligent

30/07/09

A 40 year old woman received compensation in the sum of £13,500 following negligent treatment by her GP surgery. Then aged 37, the lady underwent an operation in July 2005. The hospital informed the lady's GP surgery that the wound had been left open and had been packed with a gauze, and gave…

Three Strikes and They're All Out: Unregistered Gas Engineers face Penalties

27/07/09

The issue of regulating the safety of domestic gas appliances is one of the key areas which fall under the remit of the Health & Safety Executive (HSE). Work that is carried out by a person who is unregistered can lead to disastrous consequences, as seen in one case that was heard in Cardiff in July…

Forbes continue sponsorship of The Old Blacks

27/07/09

Forbes Solicitors is pleased to announce a new sponsorship deal with The Old Blackburnians Football Club for another year, further increasing its continued support of local grassroots football. The club was established in 1925 to offer football opportunities to 'old boys' of QEGS and now opens…

Wanted – Opinions on Directions to Tenant Services Authority

23/07/09

The Department for Communities and Local Government has recently commenced a consultation seeking views on the draft directions to be given by the Secretary of State to the Tenant Services Authority (TSA), the social housing regulator, under the Housing and Regeneration Act 2008. This consultation,…

Clinical Negligence leaves woman wheelchair-bound

22/07/09

In August 2001 after giving birth to her third child, a lady found she was unable to pass urine. The hospital she gave birth at had failed to monitor her urine output or to catheterise her. Following this failure, she was left with a permanent weakened bladder, was forced to leave her current employment…

Boy on work experience claims compensation

22/07/09

A 15 year old boy, whilst on work experience, caught his thumb on a piece of protruding metal whilst loading a hoist. He was left with a scar on his thumb that, even though it would be permanent, would get paler and flatter so that it would become hardly visible. He was awarded £1,465 in…

Woman takes three years to recover following car accident

22/07/09

In September 2005 a 35 year old woman was involved in a car accident when a vehicle collided with the back of her vehicle, violently jolting it forward. For a period of approximately three years after the accident she suffered from pain to her neck and back and pins and needles in her left arm. For…

Man develops asbestosis and receives £16,500

22/07/09

A 72 year old man was awarded £16,500 in compensation after contracting asbestosis. He had worked for his employers in the building trade between the years of 1952 – 1983. During that time he regularly came into contact with asbestosis fibres. Recently he developed asbestosis and brought a claim…

Fall in hospital results in compensation

22/07/09

An 87 year old lady had been staying in a cluttered room in the rehabilitation ward of a hospital. In July 2005 whilst the nurses were trying to mobilise her, her walker became stuck, so the nurses directed her to walk backwards. She then fell over fracturing her left leg. A previous fall had resulted…

Chance to Appeal a Premises Closure Order is Open for 21 days only

21/07/09

An appeal has recently been heard in the High Court concerning individuals seeking a review into the making of a premises closure order (PCO). In Hampshire Police Authority v Gail Smith [2009] EWHC 174, it was held that an appeal must be issued within 21 days in order for it to be deemed as valid.…

Buy-to-let Landlords in line for rebate from Letting Agents

21/07/09

Thousands of the 1.15 million buy-to-let landlords in Britain are potentially in line to reclaim considerable amounts of money from letting agents after a landmark ruling from the High Court on 10 July 2009. It was held by Mr Justice Mann, who found in favour of the Office of Fair Trading (OFT) that…

Querying an Injunction needs more than a Reference to ECHR Article 8

21/07/09

Issues relating to the removal of gypsies from land are arguably some of the most problematic areas of housing law that a landlord or local authority may have to deal with. One of the main points of contention may be that by removing the gypsies from the land in question, their right to a private and…

Infant Claims.Obvious dangers

21/07/09

Bourne Leisure Limited (T/A British Holidays) v Marsden (On behalf of the Estate of M Marsden, Deceased) Court of Appeal (Civil Division) (Moses LJ, Stanley Burnton LJ, Elias LJ) 13.07.2009 The Claimant was the father of a two year old child who had drowned in a pond at the Defendant's holiday park…

Daniel Milnes wins Top Award

10/07/09

Forbes is pleased to congratulate Daniel Milnes, Head of Business Law on being awarded 'Best Business Advisor' at the recent Downtown Preston in Business Lancashire Business Awards. The awards were set up to celebrate outstanding individuals from across the county. John Barker, Managing Partner…

Ruling of the Lord Chief Justice makes legal history

09/07/09

The Lord Chief Justice, Lord Judge made legal history recently when he approved a Criminal trial proceeding in the absence of a jury. The landmark judgement in the Court of Appeal will result in a defendant's guilt being decided for the first time by a judge sitting alone rather than a jury made up of…

Are pre-nuptial agreements to become legally binding in Lancashire?

08/07/09

Lancashire law firm Forbes Solicitors is warning couples to be careful when signing prenuptial agreements as the prospect for them to become legally binding is drawing closer after a dramatic Court of Appeal ruling. A German heiress has successfully overturned an earlier court decision to award her…

Speeding police car causes accident

08/07/09

The police force has been unsuccessful in proving that a speeding police car was not responsible for an accident which killed a member of the public. The police officer, whilst answering an emergency call, drove his car at speed. He had applied the blue flashing light but not the siren. As he drove…

Ministry of Defence v Charles Peter Timothy Radclyffe (2009)

08/07/09

The Ministry of Defence appealed against a decision that it was liable for the negligence of an army captain which resulted in a soldier suffering personal injury when he was allowed to jump into the lake from a bridge. The height of the jump was about 20 metres, he was badly and permanently injured…

Elderly lady dies in hospital and family claims compensation

08/07/09

The family of an 82-year-old lady received £6,000 in compensation following negligent treatment given to her by a hospital. In January 2007 she attended hospital for her leg ulcers to be treated. In order for the ulcers to be treated she would require a leg wash. However, instead of the leg wash…

Possession Orders supersede right to family life of Trespassers

07/07/09

In the latest of a series of cases where the English and European courts have argued over the role and influence of human rights legislation in landlord and tenant matters, the Court of Appeal was asked to address the issue of whether a Council's decision to take action against trespassers for…

Ordering an ASBO must be "Necessary and Proportionate" rules High Court

07/07/09

The use of Anti Social Behaviour Orders (ASBOs) has steadily increased since their introduction ten years ago. ASBOs have now been used in a wide range of situations and for a variety of nuisance and criminal behaviour. The number of times an incident of nuisance or criminal behaviour takes place will…

Gas Safety Certificates must be supplied for all Rented Properties

07/07/09

One of the main duties of a landlord is to carry out an annual safety check and service of any relevant gas appliances in a rented property. This is to ensure that any deficiencies are identified and dealt with relatively swiftly. Management of Houses in Multiple Occupation Under the Management of…

Variation of Tenancy Termination Date requires more than Alternative Dates

07/07/09

A Notice to Quit is one of the most commonly used documents in landlord and tenant matters. Its purpose is to make one party to the agreement (either the landlord or the tenant) aware of the other side's intention to end the contractual arrangement and for the tenant to leave the property, whether…

Banking a Deposit can prove Good Value for Landlords

07/07/09

The recent introduction of tenancy deposit schemes into the law governing landlord and tenant law may prove to be a new source of litigation in the future. Under the Housing Act 2004, a landlord is required to place a tenant's deposit into a scheme created specifically for this purpose and additionally…

Ignorance May Not Be Bliss As Court Of Appeal Overturns Possession Claim

07/07/09

The recent decision of the Court of Appeal in Knowsley Housing Trust v Paul Prescott & Linda Prescott [2009] EWHC 924 has shown how the Courts will view and interpret the convictions of one member of a household and their impact upon the other members and their tenancy. The strict approach taken…

Every Action has a Reaction: The Reasonableness of Possession Orders

07/07/09

The recent case of Patricia Whitehouse v A H Loi Lee [2009] EWCA Civ 375 has provided practitioners, landlords and tenants alike with a clearer understanding of what must be taken into consideration by a landlord when a claim for possession of a property is brought by a landlord. Given that such a…

Suspension deemed Unreasonable where there is Real Risk of Further Damage

07/07/09

The case of CDS Housing v Bellis [2008] EWCA Civ 1315 has shown the potential outcome in situations where there is a real risk of a tenant inflicting further damage upon the property itself and possibly to neighbours. In this case, the court was required to determine between the wishes of a tenant to…

New Evidence may not bring a New Decision in seeking New Accommodation

07/07/09

The recent case of R (on the application of Hassan) v Croydon London Borough Council has provided guidance on the potentially difficult issue of whether an applicant for accommodation is intentionally homeless and is therefore not owed any duty to house by a housing provider. Such situations can…

Forbes advises Harbrook Consultants on sale of shares

03/07/09

Forbes Solicitors in Lancashire recently advised on the sale of shares in Harbrook Consultants Limited to Innovise ESM Limited. Harbrook was set up 10 years ago to provide network and system management consultancy, training and software sales to leading companies in the UK and overseas. It has since…

Forbes FOIL Appointment

02/07/09

Forbes Solicitors is pleased to announce that David Pickford, a Partner in the firm's Defendant Insurer department has been appointed as Head of the Forum of Insurance Lawyers (FOIL) Special Interest Group for Employers Liability and Public Liability claims. FOIL is the national body for lawyers who…

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June

Does my UK Will cover property abroad?

29/06/09

I have a Will in the UK, does this deal with the property which I have abroad? These days, it is not uncommon for people to own property abroad as well as in the UK. It is important to consider who will inherit this property and whether your Will in the UK covers it. You should take legal advice before…

Lancashire road makes dangerous Top 10

29/06/09

A Personal Injury Lawyer at Forbes Solicitors in Lancashire that specialise in car accident claims nots that yet another Lancashire road makes the dangerous top 10 list. The four-mile stretch of the A675 between Higher Walton and junction 3 of the M65 was the worst in the country, according to a…

Judicial Review may be used as London & Quadrant Appeal Dismissed

19/06/09

The eagerly awaited judgment in the case of London & Quadrant Housing Trust v R (on the application of Weaver) & Equality & Human Rights Commission {2009} EWCA Civ 587 was provided on 18 June 2009. The case has previously been the source of considerable discussion by landlords and housing…

Forbes Managing Partner appointed as President of The Preston Law Society

19/06/09

Lancashire law firm Forbes Solicitors is pleased to announce that Winston Hood, the Managing Partner of its Preston office has been appointed as the President of The Preston Incorporated Law Society (PILS). PILS was established in 1834 and provides a forum for members to meet and discuss the challenges…

Deduct During Delays says House of Lords in Right to Buy Claim

19/06/09

Right to buy claims may be dealt with on a regular basis by large landlords and by practitioners but they are potentially fraught with problems. One such issue is reaching agreement over the purchase price of the property. The case of Hanoman v Southwark London Borough Council (No.2) [2009] UKHL 29…

When is a Home Not a Home? The Court of Appeal assesses Tenancy Succession

19/06/09

The decision reached in Freeman v Islington London Borough Council [2009] EWCA Civ 536 has cast light on highly emotive and potentially difficult situations for landlords where a family member has moved in with the tenant to care for them. Upon the death of the tenant, there may be uncertainty as to…

Forbes Solicitors warns local employers

17/06/09

Forbes Solicitors in Blackburn is reminding employers of the importance of making relevant health enquiries before making an offer of employment. This follows a recent case where a council failed in their attempt to sue a former employee who they claim cost them £1m in financial losses.…

Do you need to take Health & Safety more seriously?

16/06/09

The Government's crusade to force organisations to take health & safety issues more seriously shows no signs of running out of steam. Hot on the heels of last years widely publicised Corporate Manslaughter Legislation comes the far less publicised Health & Safety (offences) Act 2009 which came…

Happy 5th Birthday Stamp Duty Land Tax

16/06/09

Stamp Duty Land Tax ("SDLT") on commercial property leases has never been easy! It is about to get much harder! From December 2008, 5 years on from the introduction of SDLT, many commercial leases subject to the SDLT provisions will have been due rent reviews or will expire and these events may…

"Brighton and Boarding School" - a wider scope for discrimination?

16/06/09

In the past, discrimination in its most obvious form i.e. where one party is treated less favourably than another had been relatively easy to identify. However, in a recent case the position has potentially been widened and it could now be more difficult for employers to identify when acts of…

Non-Invasive Surgery - if something goes wrong

16/06/09

If I have non-invasive surgery i.e. Botox and fillers or even laser treatment, do I have any remedy if the treatment goes wrong? Yes you can take action against the person who provided you with the treatment if it fell below the standard that was acceptable i.e. negligent. A recent client had…

When do I need to make a Will?

16/06/09

I am quite young but have substantial financial assets. Is it necessary for me to create a Will? When do you think it would be a good time to set up a Will in any case, what is the general age we should be thinking about it? Anyone over eighteen can make a Will to ensure that their property passes to…

Do we need a pre-nup?

16/06/09

My fiancé and I are not yet married but are buying a house together. Would it be advisable to get some kind of legal agreement about who gets the property if we break up? There are a number of factors that should be considered at this stage. Firstly when jointly buying a property it is…

State Pension age changes

16/06/09

The State Pension age is changing. Currently it is 65 for men and 60 for women. For women it will rise gradually from age 60 to 65 from 2010 to 2020. The State Pension Age for both men and women is then set to increase from 65 to 68 between 2024 and 2046. A recent survey showed that whilst a majority…

Have you planned for your retirement?

16/06/09

As we grow older as a population, our preparations for a longer and longer life after retirement are lagging way behind. The Department of Works and Pensions (DWP) estimates that between seven and eight million poeople are saving too little for retirement. People now approaching retirement do not see…

Forbes Advises on Ribble Valley Inns Expansion

08/06/09

Forbes Solicitors recently advised on the exciting expansion of Lancashire-based Ribble Valley Inns. The company already has restaurants in Mitton, Kirkby Lonsdale and Pleasington and will open its fourth, The Bull at Broughton near Skipton at the end of June. Diana R&#…

Forbes to Exhibit at CIH Conference

05/06/09

Forbes Housing team will be exhibiting at this years Chartered Institute of Housing Exhibition. The three day conference takes place on the 16 - 18 June and is devoted to housing, it covers strategic issues and provides a focus for networking and sharing best practice. You will find us on Stand…

Points won't make Prizes in Government Plan for Landlord Register

04/06/09

Unlike celebrity game shows, accruing points on the proposed national register of landlords would not be beneficial to the participating landlords. The plan, which is presently at the consultation stage, is designed to promote greater transparency and accountability in the private rented sector and…

Temporary Housing does not bring Homelessness to an end

01/06/09

The Housing Act 1996 requires local housing authorities to have schemes in place for determining levels of priority in the process of allocating properties. Those who are considered to be homeless are provided with a greater level of preference than those who are not. With housing stock in short supply…

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May

Trigger Litigation in Asbestos Policy Cover Cases

28/05/09

On 21 November 2008 Mr Justice Burton handed down his long awaited Judgement in the so called "Trigger Litigation" in relation to cases where employees have suffered and died from mesothelioma resulting from the inhalation of asbestos fibres during employment. Following the Public Liability decision…

Presidential Visit for Forbes

21/05/09

Paul Marsh, President of the Law Society of England and Wales recently visited leading North-West law firm Forbes Solicitors to gain a greater understanding about the work they do and discuss future issues facing the legal profession. He has been visiting firms across England and Wales and specifically…

Only fools fall in love - another celebrity divorce

19/05/09

With Katie Price and Peter Andre being added to the high statistics of separation, it brings into question again, are we all doing enough to protect our assets? According to Sarah Hinde, Family Solicitor at Forbes it is important to consider entering into an agreement with a partner prior to…

Forbes Solicitors continue to promote

11/05/09

Lancashire Law firm Forbes Solicitors is delighted to announce that four of its solicitors have been promoted as part of its ongoing development. Stuart Penswick, Elizabeth Bower and David Pickford have all been promoted to Partner and Clare Knight has been made an Associate of the firm. Stuart…

Crime Solicitor promoted

05/05/09

Forbes is delighted to announce that Clare Knight is now an Associate of the firm. Clare Knight works for the crime team at the firm's Northgate office and has been with Forbes since qualifying 7 years ago. In her spare time Clare is a keen runner and a member of the Bolton Harriers who she runs…

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April

Local Housing Authority owed no Duty of Care to Tenants in X & Y

30/04/09

The Court of Appeal's decision in the case of X & Y (Protected Parties Represented by their Litigation Friend The Official Solicitor) v Hounslow London Borough Council (2009) EWCA Civ 286 reversed the previous decision which had originally substantially altered the liabilities of housing…

Amending the CPR: What the Changes mean for Housing Law

21/04/09

The 49th update to the Civil Procedure Rules (CPR) governing civil cases in England and Wales has seen a number of changes made to the way proceedings are conducted. Whilst the adjustments (which came into effect on 6 April 2009) are worthy of note for all civil practitioners and users of the civil…

Judge Unconvinced by Care Home Claim

21/04/09

Christopher Platt v Wigan Council District Judge Sanderson. Wigan County Court The Claimant was employed by the Defendant as a support worker in social services. He claimed that while working at a respite home run by the Defendants, he slipped and fell as a result of a wet floor and while chasing a…

Pigeon Droppings on the Highway

20/04/09

Bryan v Wigan Council and Casualtop Properties Limited District Judge Fox. Wigan County Court The claimant sought damages for an accident when he slipped on pigeon droppings on the public highway. Forbes Solicitors acted for the First Defendant Wigan Council who were the relevant Highway authority.…

The HGV that overturned

16/04/09

Peter Dixon and Irwell Street Metal Company Ltd v Trafford MBC (Manchester County Court) By a judgment of HHJ Howarth in the Manchester County Court, Trafford MBC, represented by Forbes Solicitors, successfully defended a claim for damages following an HGV overturning at a roundabout in Trafford Park,…

Public is saving now for recovery

15/04/09

The credit crunch has turned the Savings and Investment world on it's head. A reported third more people are putting money aside for a deposit on a house than a year ago. With fewer Mortgage products available people are having to save for a house deposit because the 100% mortgage is no longer…

People need Quality advice

03/04/09

The continued downward pressure on interest rates,and thus the returns from cash on deposit, is creating challenges for investors seeking a steady stream of income. The Bank of England has cut rates to historic levels and even the chances of winning a million pound on the premium bonds has been reduced…

A Promise is a Promise, even when attempting to Evict

03/04/09

The case of Tommy McGlynn v Welwyn Hatfield District Council (2009) EWCA Civ 285 has highlighted the importance of landlords, both from the private and public sector, ensuring that they are fully aware of the implications their correspondence with tenants may have. If particular phrases or sentences…

Does higher Rent mean higher Security? Not necessarily says the High Court

03/04/09

When the rent paid for a property is several hundred pounds per month, it may be presumed that because of the amounts involved, greater protection would be provided to the tenant. However, the recent decision in Cherry Sheila Hughes v Borodex Limited [2009] EWHC 565 has shown that this is not…

Stern warning to divorcing couples

02/04/09

Forbes Divorce Solicitors in Lancashire are issuing stern warning to divorcing couples to take care when agreeing their settlements in the current economic climate after a potentially precedent-setting case was thrown out of court. A husband argued that he should be able to renegotiate his divorce…

Debt cases double for Lancashire businesses

02/04/09

Lancashire law firm Forbes Solicitors has seen the number of local businesses instructing them to recover bad debts double in the past 12 months. The firm puts the increase down to astute businesses keeping a tighter control of their finances. With a large number of businesses already experiencing a…

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March

Getting on top of Rent Arrears

27/03/09

In recessionary times everyone finds that their money may not stretch as far as it previously did and tenants are no exception. Some may find it difficult to pay due to no fault of their own (e.g. redundancy or illness) and judges have been correct to look sympathetically towards their cases, but a…

Personal circumstances can outweigh under-occupation of social housing stock

24/03/09

Due to the perennial problems caused by the sharp decline in social housing stock in the United Kingdom, situations where properties are not being utilised to their full potential will become more difficult to avoid. Such a situation arose in the Court of Appeal's decision in the case of Bracknell…

Put your foot on the gas and sign up to the new Gas Safe Register

24/03/09

A recent survey carried out by Northern Gas Heating has shown a vast majority of people in the United Kingdom are not aware of the new Gas Safe Register and that the changeover from CORGI is due to take place on April 1 2009. 92 per cent of those questioned in the survey had not heard of the new scheme…

Judicial Review due for Housing Association decision to remove Wardens

24/03/09

The High Court is due shortly to consider whether a housing association (Circle 33 Housing Trust) was justified in ending a residential warden service, because it could be viewed as a public body performing a public function. The hearing is due to take place in early April 2009 and the decision reached…

High Court go 'Back to the Future' in admitting evidence of ASB

19/03/09

The High Court ruling in the case of Birmingham City Council v Dixon on 18 March 2009 has, for the present time, paved the way for courts to take into account the behaviour of a person subject to an Anti Social Behaviour Order (ASBO) after any such application has been made. The Council had appealed,…

Look what you could have won

19/03/09

Just when savers thought that things could not get any worse the Treasury-backed savings provider National Savings and Investments (NS+I) has announced it is cutting the monthly Premium Bond Prize Fund. The prize fund rate will fall from 1.8 per cent to 1 per cent. There will then be only one £1…

Insolvencies on the Rise

11/03/09

A recent report by credit analysts Experian indicates that the 16,591 business failures in the first nine months of 2008 represented a 22 per cent increase over the same period in 2007. Furthermore, the rate of failure is increasing, with nearly 6,000 failures in the three-month period ending in…

Ranking is Unnecessary as House of Lords rules on deciding between Applicants

11/03/09

The allocation of social housing in the United Kingdom remains a controversial and sensitive topic, with the number of applicants far outweighing the properties available to meet this ever growing need. While housing authorities have been granted reasonable levels of discretion in determining who to…

Redundancy in the current climate

10/03/09

Due to the current economic climate the decision to make some employees redundant may be something which many businesses have to consider. With limited financial resources employers may be tempted to simply dismiss employees without complying with the statutory procedures and as a result may fall foul…

Will I get a financial settlement akin to that of a footballer's wife?

10/03/09

In a society where one day newspapers are reporting a footballer's wife is getting almost a 50% share of the assets in her divorce settlement and another day are reporting what seems like a hugely different result in, for example, the Mills v McCartney case where the financial settlement is for a…

Not happy with your cosmetic surgery?

10/03/09

I have had cosmetic surgery which I am not happy with, how do I go about making a claim against the company and what will it involve? Cosmetic surgery and Botox treatments are on the increase and sadly sometimes the procedure does not turn out how you expected. When this happens there might be a claim…

Reduction in interest rate payable on special damages

09/03/09

From the 1st February 2009 the Court basic account rate changed to 2% and the special account rate changed to 3%. The appropriate rate of interest for special damages is the rate, over the period for which the interest is awarded, which is payable on the court special account. This was previously 6…

Forbes expands family team

02/03/09

Forbes Solicitors is pleased to announce further expansion of its family team with the appointment of two Solicitors, Helen McCabe and Rebecca Finnigan. Helen is originally from Leigh in Lancashire and completed her law degree at Sheffield Hallam University. For the past three years she has been…

Grandparent's Rights... Right?

01/03/09

I've just become a Grandparent for the first time but my Grandchild's parents won't let me see him. Is there such a thing as Grandparent's rights? The answer is strictly - No. There is no provision in law referring specifically to Grandparent's rights. However, that is not to…

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February

Secure Tenancies cannot be revived upon Death of Tolerated Trespasser

17/02/09

The recent Court of Appeal decision in Austin v Mayor & Burgess of Southwark London Borough Council [2009] EWCA Civ 66, has held that the right to apply to revive a secure tenancy under the Housing Act 1985 was not available on the death of the former secure tenant. This finding may inevitably be…

Forbes sponsors Clitheroe Grammar student

13/02/09

Forbes are proud to sponsor Clitheroe Grammar student Zoeyah Shaheen from Accrington, Zoeyah who wants to become a lawyer is one of only 40 UK Scholars who have won a place on the United Nations' prestigious Global Young Leaders' Conference. The conference will take her to Washington DC and New…

Make Room to prevent Overcrowding in Properties

12/02/09

Figures from the preliminary findings from the Survey of English Housing 2007/08, combined with housing data from the 2008 Labour Force Survey states that almost 565,000 households in England are living in overcrowded homes, with just less than three per cent of households in cramped conditions. In…

Homelessness not a Deliberate Act if done in Good Faith

12/02/09

Ordinarily if a tenant elects to leave a property, they would be considered as being intentionally homeless for the purposes of the Housing Act 1996. However, the recent decision in Iyekekpolor Ugiagbe v Southwark LBC [2009] EWCA Civ 31 has held that vacating a property could not be considered as a…

Do you mention your competitors' prices when advertising? If so, watch out!

10/02/09

With sales difficult to find, the temptation to use unfavourable price comparison ads in order to drum up business may be tempting, but if you do, you need to take care. While comparative advertising is allowed in certain circumstances, the Advertising Standards Authority (ASA) recently made a ruling,…

Premises Closure Orders open up new ways to tackle Anti-Social Behaviour

09/02/09

As of 1 December 2008, the police and local authorities can apply for premises closure orders (PCO) through the magistrates' courts, as introduced by section 118 of the Criminal Justice and Immigration Act 2008. This provision permits the court to temporarily close premises which are associated with…

"I don't believe a word he says"

04/02/09

Frank Heath v Rochdale MBC Forbes recently represented Rochdale MBC at Trial in a highway tripping claim made by the Claimant who alleged that he had tripped and fallen in a pothole in the middle of the road sustaining personal injury. The Council had denied liability. It provided evidence of an…

Forbes named as finalist for 'Performance Through People' BIBA award

04/02/09

Forbes Solicitors has been shortlisted for the 'Performance Through People' award at this year's Be Inspired In Business Awards - the premier event in Lancashire's business calendar. The BIBAs 2009 is the most ambitious event of its kind and has attracted an exceptional level of entries from some of…

CORGI Loses its Bite as Gas Installer Scheme moves to Capita

02/02/09

On 8 September 2008, the Health and Safety Executive (HSE) awarded a new 10 year contract to Capita Group plc to provide a new registration scheme for gas installers. This will begin on 1 April 2009 and will, with immediate effect, replace the current CORGI system that is currently in place. These…

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January

Forbes named Corporate Law firm of the Year for the second year running

30/01/09

Forbes Solicitors has been named Corporate Law Firm of the Year at the Insider Dealmakers Awards 2009 for the second year running. The award recognises outstanding performance by a law firm within Lancashire. The award ceremony, held at Ewood Park, Blackburn on Thursday 29th January 2009 is billed…

Forbes Solicitors announces promotion

23/01/09

Forbes Solicitors is pleased to announce that Ruth Coffey from its Employment Law team has been promoted to an Associate of the firm. Ruth has over seven years experience in employment law and currently acts for a number of large commercial and public sector clients, advising on a full range of…

Happy New Year?

12/01/09

For some reason every January and February, Family Law Solicitors find that the amount of new clients making appointments increases dramatically! There are several opinions as to why this may be the case. Some of the suggestions are as follows: i) Spending a lot of time together as a family ii) The…

Don't leave your investments on ice this New Year

09/01/09

When the Bank of England Monetary Policy Committee announced their January 2009 decision to cut interest rates to 1.5 per cent it signalled the Bank's lowest rate since it was founded in 1694. It is the first time in the bank's history that rates have fallen below 2% Interest rates have tumbled…

Changes In Circumstances Can Make Decisions On Priority Needs Deficient

08/01/09

The case of Geoffrey Banks v Kingston-Upon-Thames RBC [2008] EWCA Civ 1443 has ruled that the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999 can be used in situations where, although the local authority's original decision had been fair and reasonable, a change in the facts…

Duty to House is Extinguished when Alternative is Declined

08/01/09

The duty of a Housing Authority (HA) to provide accommodation under the Housing Act 1996 is discharged when its offer of alternative property to a family, whom had outgrown their current house, was declined as held in the recent case of Muhubo Mohammed Muse v Brent London Borough Council [2008] EWCA Civ…

House of Lords to make Judgment on Status of Refuges

06/01/09

A woman who was evicted from a Manchester refuge and subsequently refused council housing has been given leave to appeal to the House of Lords on the decision reached by the Court of Appeal in Moran v Manchester City Council and Secretary of State for Communities and Local Government [2008] H.L.R. 39.…

Sparks May Fly As Power Is Increased at Tenant Services Authority

06/01/09

The start of the New Year will also see the beginning of a new system of regulation being created for social tenancies. Introduced on December 1 2008, the Tenant Services Authority (TSA) replaced the Housing Corporation in overseeing the governance of the provision of social housing in the UK. With the…

Rehabilitating Anti-Social Behaviour, One Family At a Time

05/01/09

At a time when focus remains upon prevention and early intervention, the Government's Respect agenda has been encouraging Local Housing Authorities (LHA) to consider creating individual Family Intervention Projects (FIP). Their purpose is to offer extensive support to facilitate the rehabilitation…

Updates in Possession Proceedings

05/01/09

In issues relating to anti-social behaviour, there are a number of options that can be pursued by parties. However, these procedures are evolving and changing in line with case law. It remains, as ever, important to be aware of their implications Lambeth LBC v Debrah (2007) EWCA Civ 1503 Possession…

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