Archived News from 2014

December

Well Prepared Case is the Secret to Small Claims Success

30/12/14

Turner v Rossendale BC District Judge Rouine - 6 th November 2014 In this small claims matter, the Claimant alleged that the Defendant visited a property owned and let by the Claimant and tampered with the boiler causing it to fail. The Claimant therefore claimed for the cost of a replacement…

Claim found to be out of step!

30/12/14

Dalziel v Wigan & Leigh College Bolton County Court - District Judge Manasse The Claimant was a student at the College and alleged that whilst participating in a fitness class she stepped on to a mat whilst using a Stepper machine which slipped, causing her to fall and injure her ankle.…

Part 36 - The Only Way is....

30/12/14

Sugar Hut Group Limited & ORS v AJ Insurance (2014)[2014] EWHC 3775 (Comm)QBD (Comm) (Eder J) 19/11/2014 In this case the High Court considered the appropriate order for costs following judgment on quantum in a claim following a fire at the Sugar Hut nightclub in Brentwood, Essex in 2009. The…

Slip on Black Ice Claim - Defence of 'reasonable practicability' Made Out

30/12/14

Burrows v Northumbrian Water Ltd [2014] EWHC 3305 (QB) [1] In February 2010 Mr Burrows accidentally fell on a patch of black ice and fractured his ankle. The accident happened in the course of his employment for Northumbrian Water whilst he was walking along a concrete access road. At the time of…

Tis the Season for Snow and Ice Claims

30/12/14

Tis the season for snow and ice claims, winter has arrived, and with the cold weather we can expect an avalanche of the usual slipping and falling claims. Local authorities, occupiers and employers need to take steps to prevent accidents and where accidents have occurred, be in a position to defend…

Tenant Awarded £90,500 Damages for Unlawful Eviction

22/12/14

The Supreme Court has recently upheld a decision of the County Court, awarding the Claimant £90,500 in damages for unlawful eviction after a London Borough Council wrongly repossessed and re-let the tenant's property. In the case of Loveridge v London Borough of Lambeth, Mr Loveridge…

New Year Resolution…Collaborate not Litigate?

19/12/14

Every year the number of divorce enquiries goes down in December, then spikes again in January. It seems that couples tend to have a 'Merry Christmas', then split in the New Year. What's merry about that, I wonder? January sees twice as many couples begin divorce proceedings as any…

Large Loss Department continues to expand at Forbes Solicitors

18/12/14

The Large Loss Department at Forbes has been further bolstered by the appointment of Partner John Myles. John joins the complex claims unit in the Insurance Department and will specifically focus on defending historic child abuse cases against local authorities. He has over 30 years…

Something to 'Shout' About at this Year's Women in Housing Awards

18/12/14

Lucy Worrall was thrilled to be a judge at this year's Women in Housing awards which were held at the Hilton hotel in Manchester on 13 November. The glitzy event saw 450 women and men from the housing world attending and 11 awards given out. Diane Modahl hosted and Lulu was the special guest…

Opinion: North/South divide or North/South chasm?

18/12/14

With constant stories of soaring house prices in London and the South East the picture, according to recent press reports, in the North West is of stark contrast. It has even been stated that the North West housing market is reaching breaking point. The National Housing Federation has revealed the…

Forbes' Mad Hatters Raise Money For Local Children's Charities

18/12/14

Staff at Forbes' Blackburn offices raised over £1,900 for Blackburn Youth Zone and Child Action North West. An array of fundraising activities took place over a week and culminated in staff climbing through the rabbit hole to enjoy a 'Mad Hatter's Tea Party' complete…

Anticipated Changes to Employment Law in 2015

16/12/14

There are several anticipated changes to Employment Law to watch out for in 2015 - · Shared parental leave will come into effect for parents of children born or matched for adoption on or after the 5 th April 2015. Subject to various qualifying provisions, parents may be able to choose…

Line Drawn in Abuse Case - Local Authority Not Liable for Foster Carers

12/12/14

A Judgment has been handed down by the High Court confirming that local authorities are not vicariously liable for foster carers nor do they owe a non delegable duty of care. The Claimant in the case of NA and Nottinghamshire County Council [2014] EWHC 4005 (QB) alleged that she suffered abuse…

Forbes Partners with Schools UK

11/12/14

Forbes Solicitors' Education Team has secured a partnership with national organisation, Schools UK, to provide HR & Employment Support to their members. Schools UK is a one stop provider of vital services to schools for the replacement of both teaching and non-teaching staff through…

Regulatory Notice Issued for Gas Safety Failings

10/12/14

This month, the Homes and Communities Agency ('HCA') has issued another regulatory notice following the failure of a social landlord to ensure that they complied with annual gas safety inspections to secure the safety of their tenants. In this instance, Yorkshire Housing Limited contacted…

Forbes assists with Carers Rights

08/12/14

Members of Forbes' Wills, Probate, Tax and Trusts Department attended a Carers' Rights Day at Blackburn with Darwen Carers Centre. The event, held to coincide with national Carers Rights Day, gave carers the opportunity to obtain advice on any issues they may have. Jennifer Wilkinson,…

New Head of Commercial Property at Forbes Solicitors

05/12/14

Forbes Solicitors is pleased to announce Adam Bromley as the new Head of Commercial Property. Adam, who has over 10 years' experience in Commercial Property, will lead the Legal 500 recommended Department across all Forbes' 8 offices. He along with his team advise on all aspects of…

Stamp Duty Changes To Benefit Buyers

03/12/14

A Property Expert at Forbes Solicitors has welcomed the changes to Stamp Duty announced today. As of midnight, rather than stamp duty being paid on the whole of the purchase price of the property, it will be applied gradually - · Nothing on the first £125,000 · 2% on…

Post-Portal PADs - Fixed Costs

02/12/14

Since the advent of fixed costs, Defendants and Insurers alike have seen Claimant solicitors utilise ever changing methods to try and ensure that turnover remains high. Pre-action disclosure applications (PADs) are becoming more and more regularly tapped. Claimant solicitors are trying to circumnavigate…

Claimant Who Walks into Barrier is "Author of his Own Misfortune"

02/12/14

Barnsley v Burnley Borough Council Burnley County Court - District Judge Rouine Friday 7 th November 2014 The Claimant alleged he suffered a personal injury in August 2012. The Claimant contended that he was walking through a car park owned by the Defendant when he was struck by a…

Failure to Provide PPE Claim Fails

02/12/14

Myers v Hull City Council District Judge Charnock Neal Forbes has successfully defended a claim at trial on behalf of Hull City Council. It was alleged by the Claimant that on 09 November 2009 whilst attending college and undergoing a course of tuition he sustained a personal injury. The…

Snow problem: icy conditions underfoot not the defendant's responsibility

02/12/14

Burrows v The Co-operative Group St Helens County Court - District Judge T J Gray On 06 January 2010, the Claimant slipped on ice on the pavement outside of a Co-operative food store. She claimed that the ice was caused by water ejected from the store's drainpipe. The Claimant alleged that…

Occupiers Cases - The System of Inspection Must be Effective!

02/12/14

Butcher v Southend on Sea Borough Council CA (Civ Div) (Kitchin LJ, Bean LJ) 30/10/2014 In this Court of Appeal case, it was found that to successfully defend a claim for breach of the Occupiers Liability Act, it is not sufficient for occupiers to claim that they operate a system of inspection…

Fundamental Dishonesty

02/12/14

After much debate in the House of Lords, the proposed clause 49 of the Criminal Justice and Courts Bill currently has been agreed. The Bill is expected to become law by January 2015 with the implementation date likely to be April 2015. The aim of Bill is to prevent fraudulent and perhaps more crucially…

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November

Home Grown Insurance Talent Promoted to Partner

28/11/14

Kella Bowers has been promoted to Partner at Forbes Solicitors, the firm where she began her career. Kella is part of the Large Loss Department within the Insurance Department which handles claims of a high financial value and of a complex nature. The Large Loss team…

Physiofusion in great shape following acquisition

27/11/14

Burnley based Physiofusion have bought the Bolton Therapy Centre following advice from Forbes Solicitors. Physiofusion provide comprehensive treatment to help people overcome a range of issues including back and neck problems, sports injuries and musculoskeletal injuries. Former owner of the Bolton…

Richard Durgan Financial Services Limited Expands Following Acquistion

27/11/14

Halifax based Richard Durgan Financial Services Limited has acquired a firm based in Bolton following advice from Forbes Solicitors' Business Law Team. Richard Durgan Financial Services Limited specialises in the provision of financial services and helps people invest their money…

Phillips v Francis - A Recent Update on Section 20 Consultation

26/11/14

On 31 October 2014, the Court of Appeal overturned the decision made by the High Court in Phillips v Francis about consulting leaseholders before commissioning work on a building. Following the High Court decision, landlords were left with impractical section 20 consultation requirements being imposed…

North West Housing Market Reaching Breaking Point

26/11/14

North West Housing News recently reported that the North West housing market is reaching breaking point. The National Housing Federations has revealed the extent of the fragmented housing crisis across the region. Despite house prices being below the national average in the North West at £…

Divorce made civilised - Family Dispute Resolution Week

25/11/14

This week, Resolution have launched an awareness campaign for those separating or contemplating separating. They call it Family Dispute Resolution Week. What is resolution? Resolution (previously known as the "Solicitors Family Law Association") is an organisation of Family Lawyers…

Supreme Court Rules that NTQ can end a Joint Tenancy

24/11/14

Earlier this month, the Supreme Court handed down their judgment in the case of Sims v Dacorum Borough Council. In this case, a human rights challenge to the rule that one periodic tenant can end a joint tenancy by serving a notice to quit on their landlord was dismissed. The challenge by Mr Sims&#…

10 Year Ban For Director

17/11/14

A Manchester based director has been disqualified for 10 years after the Court found that it was in the public interest to wind up his company. In February 2012 the Court made a winding up order in relation to Advanced Media Information Limited ('AMI'). The Court found that the trading of…

Diversification Conference Attracts Top Calibre Speakers & Guests

10/11/14

On 23rd September 2014 Forbes' Housing and Regeneration Group hosted a full day conference "Diversify or Die? Funding Development post 2018". Registered Providers and consultants from across the country were represented and the packed audience listened to speakers from the HCA, Your…

Forbes' Housing & Regeneration Team Recognised As Social Housing Leader

10/11/14

Forbes' Housing and Regeneration Team has been recognised as a leader in the Social Housing field by two of the leading guides to legal services in the UK thanks to outstanding feedback and testimonials from clients. Praised by clients for their level of service whilst offering 'excellent…

Guinness Crowned Go Karting Champion

10/11/14

On a damp and cold November evening, The Forbes Housing & Regeneration Team pitted their driving skills against some the country's leading housing providers at an evening of Go Karting at Team Sport in Warrington. Competition between the registered providers was fierce, with several…

Shared Ownership - What's the Reality?

10/11/14

This week saw the publication of Social Housing magazine's 2014 shared ownership sales report. The report quotes that shared ownership first tranche sales across England fell by 10 per cent in 2013/14 but that more modest reductions were seen outside London and goes onto to say that the fall…

Act Now - Holiday Pay Must Include Overtime & Commission Payments

05/11/14

In light of the landmark decision in relation to holiday pay including overtime and commission the Employment Team at Forbes is offering a fixed fee audit to assist employers in assessing the impact of the decision. The Employment Appeal Tribunal decision in the case of Fulton v Bear Scotland and…

Forbes Recruits Four To Award Winning Scheme

05/11/14

Four Trainee Solicitors have been welcomed to Forbes Solicitors' award winning training scheme. Lorraine Wilson, Callum Halley, Mohassan Mehmood and Adam Jones will be embarking on a two-year training contract with Forbes which will see them qualify as solicitors in 2016. Forbes was…

Overtime Ruling Proves Costly for Employers

04/11/14

An Employment Expert at Forbes Solicitors is warning that today's ruling in relation to overtime and holiday pay will prove costly for employers. The Employment Appeal Tribunal has ruled that voluntary overtime should be taken into account when holiday pay is being calculated. Whilst full…

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October

The Great Forbes' Bake Off

31/10/14

Staff at Forbes' Preston office put their baking skills to the test on Friday 24th October to raise over £860 for Breast Cancer Research. 10 male members of staff donned their pink aprons and hats to take part in the "Great Forbes' Bake Off". The cakes were then…

Inconsistent Claimant Loses Highway Claim

30/10/14

14 th October 2014 at Bury County Court DJ Benson Forbes has successfully defended another claim on behalf of Bury Council at trial. The Claimant alleged that he suffered an accident on 20 November 2011 on a back street when his foot went into a hole in the footway. There were a number…

Court Finds No Requirement for Roads to be Perfect

30/10/14

DJ Jackson - 8th October 2014 Wigan County Court Forbes successfully defended this matter at trial on behalf of Wigan Council. The Claimant sought damages for personal injury and loss arising out of an accident alleged to have taken place at 6.30am on 10 April 2013. The Claimant alleged that…

Spotlight on Provisional Assessment

30/10/14

Provisional assessment was introduced as part of the Jackson reforms in April 2013. The procedure applies to all detailed assessment proceedings commenced in the High Court or County Court on or after 1 April 2013 where the amount of costs claimed is £75,000 or less. How does it work?…

Calderbank or Part 36 Offers?

30/10/14

Coward v Phaestos, Mindimaxnox, IKOS CIP Ltd and IKOS Asset Management Ltd (2014)[2014] EWCA Civ 1256 CA (Civ Div) (Moore-Bick LJ, Ryder LJ, David Richards J) 02/10/2014 The case of Coward v Phaestos concerned the order for costs at the conclusion of a hard fought intellectual property litigation…

Mesothelioma Funding Reform Put On Hold

30/10/14

In the case of R (on the application of Tony Whitston, Asbestos Victims Support Groups Forum UK) (Claimant) v Secretary of State for Justice (Defendant) & Association of British Insurers (Interested Party) (2014)[2014] EWHC 3044 (Admin) QBD (Admin) (William Davis J) 02/10/2014 the High Court found…

Part 36: Make A Second Offer Or Vary The First?

30/10/14

Part 36 has reared its head again. It is probably best surmised by DJ Ackroyd's opening remarks in the case of Burrett v Mencap Limited (2014) Portsmouth County Court 'One would have thought that Part 36, having been in existence for many years now every possible wrinkle in it would be ironed…

Government Dismisses Gas Access Campaign

29/10/14

The government has dismissed a campaign for landlords to have greater powers to access the homes of tenants in order to carry out an annual gas safety inspection. The campaign, led by Home Group, the Association of Gas Safety Managers and Corgi, sought a change in the law to give housing associations…

Free Event Will Get Businesses Fit For Growth

27/10/14

Business owners and managers in Lancashire will get expert advice on how to get their business 'fit for growth' at a free seminar being held at Stanley House Hotel next month. The interactive seminar is being held jointly by Forbes Solicitors, Moore and Smalley and Boost Business Lancashire. Speakers…

Solicitor Backs Divorce Reform Suggestions

22/10/14

A Family Solicitor at Forbes is backing comments made by a leading family figure to radically shake up the Divorce process. Sir James Munby, President of The Family Division, has raised doubts as to whether Divorce should remain a matter for the Courts to deal with and suggested that the time has come…

Debt Collect Case Study - P Harrison & Co Ltd

14/10/14

Forbes Solicitors Debt Collect Team recently acted for P Harrison & Co Limited, a supplier of quality tyres and lubricants to farmers, hauliers and the general public. They instructed Alison Nelson to collect a debt from Andrew Page Limited who owed P Harrison & Co Limited for 38…

Are pre-nups just for film stars?

14/10/14

"My Husband and I did not sign a pre-nuptial agreement. We signed a mutual suicide pact." Those were the words of Roseanne Barr when divorcing her actor husband Tom Arnold. She had apparently sacked her lawyers when they suggested that she make a pre-nuptial agreement, considering it an un-…

Forbes' Freeze Family Fixed Fees

13/10/14

Forbes Solicitors are ensuring legal advice is available to those in need by freezing the price of the Family Fixed Fee Service . The package was launched in 2012 to take the financial uncertainty out of divorce and family breakdown following legal funding cuts which hit families under…

Lancashire Company Paves The Way Forward

09/10/14

The Commercial Property Team at Forbes Solicitors has assisted local company Multipave NW Ltd in securing new premises following a period of growth. Road surfacing contractor Multipave has moved to larger premises following significant growth since its commencement in 2007. The new premises…

Forbes shortlisted at Downtown Lancashire Business Awards

08/10/14

Forbes has been nominated for best legal company at the Downtown Lancashire Business Awards. The awards, which are recognised as the Business 'Oscars' of Lancashire, reward those businesses, business leaders and entrepreneurs who have impressed most with their efforts over the past twelve…

Gas Access Campaign

06/10/14

Home Group have recently announced that they are working alongside the Association of Gas Safety Managers (AGSM) and Corgi to campaign for a change in the law to give housing associations the same abilities as local authorities to carry out annual gas safety checks in a timely manner. The Gas Safety (…

Trio Qualify as Solicitors

03/10/14

Forbes Solicitors is pleased to announce three Trainee Solicitors have now fully qualified after completing their two year training contracts with the firm. Lauren Smith joins the Commercial Property team at Blackburn; Jennifer Baines joins the Employment Department based in Preston whilst…

Anti-Social Behaviour Laws Delay - Further Information

02/10/14

Following our update earlier this week, we now have further information on the delays in introducing new anti-social behaviour laws. The government has delayed the introduction of Part 1 of the Anti-Social Behaviour, Crime and Policing Act 2014 ('the Act'), which is the new civil injunction designed to…

National Minimum Wage Rates Increase

01/10/14

The Employment Team at Forbes Solicitors are reminding employers that as from 1st October 2014 the national minimum wage rates are to change - · the adult rate will increase by 19p to £6.50 an hour · the rate for 18-20 year olds will increase by 10p to £5.13 an hour…

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September

No Cause of Action Against Housing Association

30/09/14

Rankin v Cobalt Housing, Liverpool County Court - District Judge Wright Forbes has successfully defended a claim on behalf of Cobalt Housing. The Claimant alleged that she tripped on her mother's driveway, owned by Cobalt Housing, in 2012. No complaint was made to the Defendant at the time of the…

"Smile! You Have Been Caught on CCTV"

30/09/14

Natalia v Co-operative Group, DDJ Tomlinson, Willesden County Court On behalf of the Co-operative Group Ltd, Forbes has successfully defended a case which highlights the importance of retaining CCTV footage. In this case, the Claimant slipped at the entrance of a store based at a petrol station in…

"The Answer is Not to Sue the Council"

30/09/14

Schofield v Bolton Council. Bolton County Court - District Judge Shaw The claimant, a minor, aged 8 at the time of the accident was allegedly playing on a set of train wheels set as a memorial and positioned in a local park. The two train wheels are attached by a bar. The Claimant jumped from the bar…

Claims against Social Services Seminar Follow Up

30/09/14

There was a fantastic turn out for the Forbes Social Service and Abuse seminar at the Renaissance Hotel in Manchester on 5th September with clients from both Local Authorities and Insurers in attendance. Speakers included our own Kella Bowers on deprivation of Liberty, Iain Bourne from the…

Employers Liability Update - Vicarious Liability

30/09/14

The law on vicarious liability has moved on after two recent Court of Appeal decisions, Mohamud v WM Morrison Supermarkets Plc [2014] EWCA Civ 116 and Cox v Ministry of Justice (Rev 2) [2014] EWCA Civ 132. Mohamud v WM Morrison Supermarkets Plc [2014] The issue was whether there was a sufficiently…

No Duty Owed by Local Authority after Failure to Maintain Street Lighting

30/09/14

McCabe v Cheshire West and Chester BC and BAM Nuttall Ltd The Claimant in the case of McCabe v Cheshire West and Chester BC and BAM Nuttall Ltd fell down a flight of steps on the highway. The accident occurred during the hours of darkness and the Claimant claimed that the streetlight intended to light…

Eleven People Arrested in Nationwide PI Fraud Raid

30/09/14

The City of London Police Insurance Fraud Enforcement Department (IFED) has arrested eleven people for involvement in false or exaggerated personal injury claims. Sixty IFED officers made eleven arrests across the Country in the following areas: Cleveland, Essex, Greater Manchester, Lancashire,…

Essential Employment Law Updates

25/09/14

The Forbes Solicitors' Employment Team is again running its popular employment law updates. The seminars will guide delegates through the recent changes in employment law whilst allowing them to keep up to dates with topics most relevant to themselves and their organisations through specific breakout…

Directors' Disqualification for Breach of Duty

23/09/14

A Manchester based cleaning and corporate restructuring company, JLK Partnerships Limited ('the Company'), went into liquidation in 2012 owing £291,535 to creditors. Following an investigation by the Insolvency Service, two of the directors of the Company were disqualified for a total of 10 years…

Forced Access Injunction Granted to Enforce Fire Safety Rules

19/09/14

Last month, Croydon Council obtained an injunction to gain access to a leaseholder's property without consent, to change a uPVC door that did not meet the local authority's fire safety standards and posed a risk to the building's ability to resist a fire. Councils are facing increased…

Registered Provider Obtains ASBI against Serious Criminal

17/09/14

The Housing Litigation Department at Forbes Solicitors has recently been successful in obtaining an Anti Social Behaviour Injunction on behalf of a large Registered Provider of Social Housing. The Registered Provider issued proceedings against the Defendant after non legal interventions failed to…

Survey Reveals Dramatic Increase in Assaults on Housing Staff

17/09/14

A survey by Housing Quality Network (HQN) has found that the average number of physical assaults on staff working for social landlords has increased from 1.3 per organisation in 2007/2008 to 7.9 in 2013/2014. The survey also found that the recorded number of verbal assaults had doubled to 22.9 per…

Safeguarding disclosures

16/09/14

The case of Melik Camurat v Thurrock Borough Council addressed the issue as to what duty of care was owed to a teacher by their former employer when providing safeguarding disclosures. Mr Camurat, commenced his employment with Belhouse Chase College on 01 June 2003. After three years with the…

Appraisals - The New Era

16/09/14

The revised pay progression arrangements came into force on the 1st September 2013 and now one year on, many schools will have made their first decisions regarding this. This seems a good time for Schools to reflect upon the past year, how the changes have been made and how they have been received by…

Wills Team Expands at Forbes Solicitors

09/09/14

The Wills, Probate, Tax and Trusts Department at Forbes has expanded following the appointment of Solicitor Kirsty McNulty Kirsty, who is originally from Nottingham, joins from BBE Law where she spent the last five years. She qualified as Solicitor earlier this year after completing her studies…

A Good Week for Forbes!

02/09/14

As reported earlier in the month, in a bumper week Forbes Solicitors successfully defended six claims at trial and negotiated the Discontinuance of six additional cases against various clients. These cases covered a wide variety of legal areas - Occupiers Liability, Employers Liability, Public…

Claimant's Slushy Account Causes Claim to Fail at Trial

02/09/14

Jones v Tameside MBC, Tameside County Court Forbes has successfully defended a claim at trial where it was alleged that upon crossing the road a Claimant fell on a deep hole/two grids in the road. Whilst the Judge found that the hole in the road was dangerous, he was left less than satisfied by the…

Upcoming CPR changes - Part 36

02/09/14

It has been reported that The Civil Procedure Rules Committee (CPRC) is currently considering a number of possible reforms to simplify Part 36. In a report to the CPRC, Ed Pepperall QC argued that Part 36 had become increasingly technical and offers under it were failing because the rules were being…

QOCS - Defeat from the Jaws of Victory

02/09/14

Qualified One Way Costs Shifting (QOCS) formed part of the recent reforms and was designed to afford Claimant's costs protection in the event their claim was unsuccessful. Whilst the implications between Claimants and Defendants have been well documented, the Court of Appeal confirmed that the…

Part 36 - Judge Declines to Order Additional Uplift Payment

02/09/14

In the case of Elsevier Ltd v Robert Munro (2014) [2014] EWHC 2728 (QB) QBD (Warby) 31/7/2014, the issue before the Court was whether the Defendant should be ordered to pay to the Claimant an additional 10% in costs pursuant to CPR 36.14(3)(d). Justice Warby dealt with this matter in a supplemental…

Touchstone Medical secures funding with assistance from Forbes

01/09/14

The Business Law Team at Forbes Solicitors has recently assisted Touchstone Medical to secure £210,000 to fund its further growth into the medical technology market. Touchstone is a supplier of innovative products and services in women's healthcare. £105,000 investment came from SPARK…

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August

Right to Buy discount for houses is increased

28/08/14

Following earlier approval by both Houses of Parliament, The Housing (Right to Buy) (Maximum Percentage Discount) (England) Order 2014 came into force on 21 July 2014, offering a 70 per cent maximum percentage discount for prospective Right to Buy applicants of houses in England - an increase of 10 per…

The Care Act 2014 - an introduction

28/08/14

In May 2014 the government announced the introduction of the new Care Act 2014, which is set to deliver the government's response to the Francis Inquiry which unveiled the serious failures of the Mid-Staffordshire NHS Foundation Trust. As a result of lobbying by the National Housing Foundation, social…

What is included in holiday pay?

27/08/14

Holiday pay can be a complicated area for employers. If you have employees who regularly receive commission or overtime as part of their salary, should that be taken into account when calculating their holiday pay? A recent European Court of Justice (ECJ) decision clarified the situation relating to…

Demand sees Forbes' Business Law Team expand its Insolvency Services

26/08/14

The Business Law Team at Forbes has expanded the service offered to clients following the appointment of a Solicitor specialising in Insolvency. Lucie Cocker has joined the Business Law Team to provide litigation advice to clients in the field of Insolvency. Lucie trained with the firm and…

Anti-social Couple Banned From Keeping Dogs at House Following Swift Action

26/08/14

An Accrington woman has been taken to court for anti-social behaviour after neighbours complained about threats of violence and that her dog had attacked an eight-year-old child. Janine Thompson, aged 33, and her partner Basha Ullah, aged 28, of West Crescent, have each been served with an Anti-Social…

The Supreme Court Rules That Success Fees and ATE Premiums May Be Illegal

19/08/14

In the recent case of Coventry and others v Lawrence and another (No2) [2014] UKSC 46, the Supreme Court took a surprising step and refrained from ordering the payment of a recoverable pre 1st April 2013 success fee and ATE insurance premium against a losing party declaring that the pre-Jackson right of…

Forbes Supports Local Football Festival

14/08/14

Forbes Solicitors is once again supporting grassroots football by sponsoring the annual Blackburn with Darwen Football Festival. The tournament takes place over the August Bank Holiday weekend and will see over 1,200 players take part in 400 games of football. It is open to teams ranging from under…

Family Solicitor Promoted at Forbes

12/08/14

Forbes Solicitors is pleased to announce the promotion of Donna Amos to Associate Solicitor Donna has been with the firm for 4 years and undertakes all aspects of family law work including separation, divorce and financial matters. She is an experienced Family Solicitor and is a member…

Employer's Beware: Court Of Appeal Condemns Increased Sanctions On Appeal

07/08/14

The Court of Appeal has determined that appeals against the outcome of disciplinary proceedings cannot normally result in an increased sanction against the (former) employee. In the case of McMillan v Airedale NHS Foundation Trust , the Court of Appeal considered Miss McMillan's appeal against two…

Forbes' Housing & Regeneration Team goes from strength to strength

05/08/14

Lachlan McLean has been promoted to Partner in the Housing Litigation Department. Lachlan has considerable litigation experience including emergency Anti Social Behaviour Injunctions, breach of injunction hearings, and claims for possession. He is an experienced advocate, conducting his own hearings and…

Courts Crack Down On Missed Maintenance Payments

01/08/14

A Family Law expert at Forbes Solicitors is warning that missed maintenance payments may lead to jail following a recent High Court case. Multi millionaire oil tycoon Michael Prest was handed a four week suspended jail sentence after he failed to make maintenance payments to his ex wife in line…

Land inclusive deals - a need to know FAQs for RPs

01/08/14

· What is the common structure of the deal? The parties usually involved are the landowner, the developer/land agent who puts the deal together and the RP. The developer either finds the site and offers it to the RP as a land inclusive deal or the RP wants a particular site and approaches…

Affordable Housing

01/08/14

Recent reports from the National Housing Federation ("NHF") have revealed that the housing shortage in the North West is pushing house prices and private rents out of reach for local workers, and things are only going to get worse by 2020. The NHF warns that while workers in the region…

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July

The Guinness Partnership gets Tough on Anti Social Behaviour

31/07/14

The Guinness Partnership, one of the country's leading providers of affordable housing, has sent out a strong message to residents who commit anti social behaviour in its properties by securing a Possession Order against one of its residents. The Guinness Partnership began accelerated possession…

Article 8 and Private Sector Tenancies

31/07/14

Earlier this week, the Court of Appeal decided that a possession order granted to a private landlord of an assured shorthold tenancy did not breach Article 8 of the European Convention on Human Rights (ECHR). In the case of McDonald v McDonald [2014] EWCA Civ 1049, the tenant appealed against a…

Forbes becomes Apprenticeship Ambassador

28/07/14

Joanne Pickering of Forbes Solicitors has been invited to become a North West Ambassador for the National Apprenticeship Service. Joanne, Director of HR, Training & Quality at Forbes Solicitors, will act as an advocate of the National Apprenticeship Service, using her extensive experience,…

Success by the dozen! A good week for clients of Forbes

25/07/14

The Insurance Department of Forbes Solicitors are pleased to announce that last week ending 18th July they successfully defended six claims at trial and negotiated the Discontinuance of 6 additional cases against various clients. These cases covered a wide variety of legal areas - Occupiers…

Post-portal PADs: fixed costs

25/07/14

Since the advent of fixed costs Defendant's and Insurers alike have seen Claimant solicitors utilise ever changing methods to try and ensure that turnover remains high. It is well reported that abuse and medical negligence claims are on the increase however a lesser known source of regular income, pre-…

Trampolining Claim Bounced Out Of Court

23/07/14

Wainwright v Salford City Council Judgement of HHJ Armitage QC - 17th June 2014, Manchester County Court Forbes recently successfully defended a claim at trial on behalf of Salford City Council. It was alleged that a pupil sustained a personal injury on 1st March 2006 whilst participating in a school…

Limitation periods - Malone v Relyon Heating Engineering Ltd

23/07/14

In the case of Malone v Relyon Heating Engineering [2014] EWCA Civ 904 the issue before the Court of Appeal was whether the judge in the first instant case had appropriately disapplied the limitation period, pursuant to section 33 Limitation Act 1980. The claimant sought damages from his employer,…

Commencement of New ASB Tools - 20 October 2014

23/07/14

Following commencement of the new discretionary grounds for possession in May, the Home Office has confirmed that the remainder of the ASB Powers which were introduced by the Anti Social Behaviour, Crime and Policing Act 2014 ('the Act') will come into force on 20 October 2014. At Forbes Solicitors, we…

The 'Chilling Effect' of Woodland v Essex County Council?

23/07/14

Woodland v Essex County Council [2013] UKSC 66 The Supreme Court in a landmark ruling found that local authorities could be found liable for the negligence of third parties. The Claimant in the case of Woodland v Essex County Council suffered a severe brain injury after getting into difficulties…

Local Property Expert joins Forbes Solicitors

23/07/14

Renowned local property expert Richard Clithero has joined the Commercial Property Team at Forbes Solicitors. Richard, who previously spent 9 years at Napthens Solicitors, joins the team as an Associate Solicitor and will focus on assisting clients across Preston and East Lancashire. Richard has…

Now You See It, Now You Don't!

23/07/14

Kumar v Co-operative Group Forbes has successfully defended a claim at trial on behalf of The Co-operative Group in a claim where a Claimant sustained a personal injury whilst visiting a Co-operative store. It was the Claimant's case that having shopped in the Co-operative store she took her…

Basket Holders At The End Of Checkouts Not Dangerous

23/07/14

Lewis v Co-operative Group Forbes has successfully defended a claim at trial on behalf of The Co-operative Group. The Claimant sustained a personal injury whilst visiting a Co-operative store after tripping over a basket holder positioned at the end of a checkout. The question before the Court was…

Forbes Advises On Haworth's Acquisition

23/07/14

Accrington-headquartered Haworths Chartered Accountants has acquired a firm in Ingleton with advice from Forbes Solicitors. Haworths have bought Kneill & Co, a frim which has provided tax and accountancy advice to businesses in the Settle and Ingleton area for more than 20 years. Clients of the…

The Prevention of Social Housing Fraud Act 2013 - 9 Months On

18/07/14

Since the Prevention of Social Housing Fraud Act 2013 ('the Act') came into force in October 2013, social landlords have been able to apply for an unlawful profit order, requiring a tenant to repay any profit they made from unlawfully subletting their property. We are now beginning to see the impact…

Forbes Solicitors Supporting Boost

16/07/14

Forbes Solicitors is to help the business community within Lancashire by promoting growth and innovation after becoming a Boost & Co member. Boost & Co is a business support network established to help Lancashire based companies access a range of funded programmes and growth opportunities…

Mitchell Update

14/07/14

On 4th July 2014, the Court of Appeal issued new guidance in granting relief from sanctions, following several months of uncertainty in the lower courts following the decision in Mitchell v News Group Newspapers Ltd. Lord Dyson upheld three appeals relating to relief from sanctions under rule 3.9 Civil…

Changes to Flexible Working

04/07/14

The Government have introduced new regulations in 2014 concerning flexible working. The new rules came into force on 30 June 2014. Previously, a request for flexible working could only be made by parents of children under 17 (or 18 if the child was disabled) and certain carers. The new regulations…

Challenge to Joint Tenant NTQ Rule Looks Set to Fail

03/07/14

A human rights challenge to the rule that one periodic tenant can end a joint tenancy by serving a notice to quit on their landlord looks set to be dismissed. In the case of Hammersmith and Fulham London Borough Council v Monk [1992], it was established that one joint periodic tenant could end a joint…

A winning combination

02/07/14

Development package deals can lower risk and cost, but there are pitfalls. A land inclusive, back to back or package deal may be an attractive option for social landlords as they look to meet their house building targets, because the developer brings the land and build contract to the social landlord…

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June

Singing Solicitor Raises Money for Cancer Research

27/06/14

A Solicitor at law firm Forbes is hoping to make an impact on the charts whilst raising money for Cancer Research. Pauline Rigby, a Partner in the Business Law Department, has released her single 'Run Together' on itunes this week and is hoping to raise money for the Charity which is very close to…

Party Walls Act Injunctions

27/06/14

A recent case has offered a timely reminder of the need to comply with the provisions of the Party Walls Act when carrying out building work on or near an adjacent boundary. In the case of Rashid and Akhtar v Sharif it was alleged that the Defendant had demolished a party fence wall without complying…

Ground Rent & Service Charge Recovery

27/06/14

Forbes has recently been instructed by housing clients, and commercial landlords, to collect historic arrears of ground rents and service charges. By taking bulk instructions these are handled in a cost effective way. In one recent case - · Forbes were instructed to recover unpaid service…

Amended TUPE Regulations - Key Changes

27/06/14

After a lengthy Government Consultation process, The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2013 came into effect earlier this year. These Regulations amend the existing TUPE Regulations. With the promise of reduced bureaucracy and…

Partnership Working for Development Teams - The Issues and Pitfalls

27/06/14

The hot topics this week may be the debate of key housing issues but at the recent Forbes' Development and Regeneration seminar on Partnership Working, we debated the not quite so exciting (!) yet still hotly debated topic of options vs conditional contracts. It won't be news that over the last few…

Claimant Solicitor's Evidence Trips up Claim at Trial

27/06/14

Adams v Wigan Council District Judge Mornington - 4th June 2014 Forbes successfully defended a claim at trial on behalf of Wigan Council. The elderly Claimant alleged that she tripped on an actionable defect whilst crossing a road. It was alleged that the defect measured at least 30mm. The Judge found…

Right to Buy Discount Increases

27/06/14

The Right to Buy scheme was introduced in 1980 and is designed to assist social tenants buy their home at a discount throughout the UK. Since 2012 the maximum discounts were increased from as little as £16,000 in some areas, to £75,000 in others. Under new legislation, the maximum…

Forbes' CIH Round Up

27/06/14

As the CIH conference draws to an end for another year, we highlight some of the main talking points from the conference. DAY 1 CEO Welcome and Address CIH Chief Executive Grainia Long outlined her vision for housing in the lead-up to the election in 2015 including · The emphasis is on 'Get…

Zero Hours Contracts Warning

25/06/14

Forbes Solicitors is warning local businesses to review their employment contracts following today's announcement regarding the controversial zero hours contracts. The Government are implementing plans to ban the use of an exclusivity clause in zero hours contracts. The often criticised zero hours…

Cosmetic Surgery - Do You Trust That Person Holding The Knife?

25/06/14

As cosmetic surgery becomes more attainable, under qualified and substandard plastic surgeons are ruining lives and getting away with it. Forbes Solicitors are warning individuals who may be considering cosmetic surgery to make sure they know everything they can about their cosmetic surgeon before…

What is "Fundamental Dishonesty"?

24/06/14

What is "fundamental dishonesty"? Well fundamentally no one can really say. Surely, one is either honest or dishonest. The term comes from Civil Procedure Rules 44.16 (1). Under the new regime of "QOCS" (Qualified One-Way Costs Shifting) introduced in April 2013, a claimant is…

"Never Mind The Bollards"

24/06/14

Forbes has successfully defended a claim at trial on behalf of Blackburn with Darwen Borough Council. The audacious Claimant attempted to claim damages from the Local Authority after colliding with a large granite bollard. The Claimant first drove past the offending bollard, ignored it, parked on…

Forbes Sponsors Inaugural Ribble Valley Business Awards

17/06/14

Forbes Solicitors is pleased to be sponsoring the Large Business category at the inaugural Ribble Valley Business Awards. The awards are all about championing the people and enterprises that make Ribble Valley such a great place to live, work and visit. This awards initiative - new for 2014 - is…

Retail Claim Success

17/06/14

Retail claim success - Jury dismisses an alleged shoplifters claim for wrongful arrest and false imprisonment Forbes has successfully defended at trial an unusual claim against a major retailer. It was alleged that a supermarket chain had unlawfully detained/ falsely imprisoned an alleged shoplifter…

Forbes Advises On Apico International MBO

16/06/14

Vesty UK and Vesty Holdings, owners of the Apico brand, have undergone a management buy out with advice from Forbes Solicitors and Haworths Chartered Accountants. The Business Law Team at Forbes' acted for the sellers, Yrjö and Diane Vesterinen, who started the company in 1984. This has developed…

Solicitor Warns Businesses to Stay Lucky on Friday the 13th

13/06/14

Forbes Solicitors are warning that Friday the 13th brings about important changes to consumer law which will affect many local businesses. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 bring in new requirements for businesses, affecting amongst other…

The Jackson Effect - One Year On

12/06/14

The Jackson reforms were introduced in April 2013. It was intended that the reforms would radically overhaul the personal injury system. Over a year later, it is perhaps a little premature to assess the true impact of the changes. It is however fair to say with certainty that the reforms have…

Housing Associations Lobby HSE for Change in Gas Access Law

04/06/14

Following 3 housing associations being reprimanded by the Homes and Communities Agency for issues with their gas safety procedure, some social landlords have begun to complain that it seems unfair that they are subject to strict requirements yet have very little power to force tenants to allow access.…

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May

The diversification Debate Is Set To Continue…

29/05/14

With reports last week of Peabody Trust, a 152 year old Social Landlord based in London, launching a £500 million scheme to sell 1,000 properties on outright sale to generate funds for new social housing, the diversification debate is set to continue for some time. The launch is part of an up and…

Meet the Forbes' Housing and Regeneration Team at CIH

28/05/14

The Forbes' Housing and Regeneration Team will be at The Chartered Institute of Housing Exhibition in Manchester from Tuesday 24th to Thursday 26th June. Join us on stand F3 (to the right of the main entrance) and test your speed on our Scalextric track to be in with a chance of winning a fantastic…

Association of Women in Property North West Annual Dinner

27/05/14

Amidst balloons and champagne bubbles, Forbes' Housing and Regeneration Partner Lucy Worrall welcomed over 180 guests to the Association of Women in Property North West branch's annual dinner. The event, which had been sold out since February, was held at the Midland Hotel in central Manchester on 9…

The Importance of Making a Will - Radio Lancashire Interview

16/05/14

This morning Jennifer Wilkinson, Solicitor in the Wills, Probate, Tax and Trusts Department was interviewed by Graham Liver on the Radio Lancashire Breakfast show in relation to making a Will. Radio Lancashire have been covering Dying Matters Awareness Week which is highlighting the fact that millions…

Soho Housing Association Clamps Down on Unlawful Subletting

15/05/14

Soho Housing Association has sent a clear message to those who engage in unlawful subletting in their properties. Soho Housing Association was granted an indefinite injunction against Victor Dollero of Dufours Place, Soho, prohibiting him from subletting the apartment he occupied under a shared…

Changes to the Dangerous Dogs Act

14/05/14

From 13 May 2014, the Anti-Social Behaviour, Crime and Policing Act 2014 made changes to the Dangerous Dogs Act 1991 ('the Act') in order to deal with people who allow their dogs to attack people or assistance dogs. The maximum prison sentences in England and Wales for allowing a dog to attack someone…

Enhanced Possession Powers for Social Landlords

13/05/14

From today, two new discretionary grounds for possession, which were introduced by the Anti Social Behaviour Crime and Policing Act 2014, are available for use by social landlords. The new provisions have been inserted as grounds 14(aa) and 14ZA in the Housing Act 1988 which relates to assured…

Forbes' Help to Buy Guide for RPs

12/05/14

Are you a RP considering registering with the HCA to provide Help to Buy funding on new build properties? There are a number of issues and practicalities that RPs should be aware of; the requirements regarding a RP's consumer credit licence and requisite time limits on plot sales involving Help to Buy…

Gas Safety Seminar a Success

12/05/14

Over 90 delegates attended Forbes' Gas Safety: A Legal Update seminar on 30th April which was held at the Reebok Stadium. The seminar, delivered by members of the Forbes' Housing Litigation Team with guest speaker Alan Parker of Morgan Lambert, provided practical advice and guidance to Registered…

Universal Credit roll out across North West

12/05/14

It has been reported that twelve local authorities in the North West are in discussions with the Government about expanding universal credit throughout the North West. These are Salford City Council, Wirral Borough Council, Preston City Council, St Helens Borough Council, Cheshire East Council, Cheshire…

Housing and Exceptional Legal Aid Funding

08/05/14

Since the 01 April 2013, the government reduced the range of cases eligible for legal aid and the Legal Aid Sentencing and Punishment of Offenders Act 2012 removed financial support for the majority of housing cases. This means that many cases, which were previously dealt with by housing solicitors,…

Green Vale Tenant Evicted for Antisocial Behaviour

07/05/14

A Green Vale Homes tenant who made her neighbours' life a misery over the past year has been evicted by the housing association. Lesley Edwards, of Staghills Road, Bacup, and her partner Darren Melody threatened neighbours and caused noise nuisance for over a year before finally being removed. Forbes…

Forbes Looks To The Future With CEO Appointment

06/05/14

Forbes Solicitors is pleased to announce the appointment of Gavin Wright as CEO. In a series of management changes Gavin joined the firm on 1st May from Deloitte where he was a Director within the Corporate Advisory team. Gavin has significant experience in the legal sector and in his role as CEO…

Statutory Sick Pay Recovery Scheme Abolished

01/05/14

With effect from the 6th April 2014, the Percentage Threshold Scheme (PTS) has been abolished. The PTS enabled employers to recover some of the Statutory Sick Pay (SSP) paid to their employees if the total SSP paid was more than 13% of the Class 1 National Insurance contributions due for the month.…

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April

Social Housing Heavyweight Joins Forbes Solicitors

28/04/14

Forbes Solicitors is pleased to announce the appointment of Social Housing heavyweight Lucy Worrall. Lucy's joins Forbes as a Partner and Head of Housing and Regeneration (Property) and will be instrumental in spearheading the firm's further expansion into the development and regeneration sector…

Housing Panel Appointment for Forbes Solicitors

14/04/14

Forbes Solicitors has reinforced its position as a leading provider of social housing work after being appointed to the legal panel of The Riverside Group. Forbes will provide Housing Management advice to the Group which owns and manages over 50,000 properties across the UK. Stuart Penswick, Head of…

The Guinness Partnership gets Tough on Anti Social Behaviour

10/04/14

Guinness Hermitage, a division of The Guinness Partnership, one of the country's leading providers of affordable housing, has sent out a strong message to residents who commit antisocial behaviour in its properties by securing both an Anti Social Behaviour Injunction and a Possession Order against one…

Forbes advises PM & M Chartered Accountants on new appointment

01/04/14

Forbes Solicitors was delighted to recently represent PM & M Chartered Accountants in their new appointment of local man Nigel Wright and the acquisition of a number of his clients from Baker Tilly. Pauline Rigby of Forbes Solicitors' Business Law Department who advised on the appointment…

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March

Early Conciliation - Act Now!

26/03/14

The process for dealing with Employment Tribunal claims is changing and acting now could save your organisation time and money further down the line. From 6 April 2014 employees who wish to bring Employment Tribunal claims against their employer will first have to go through ACAS' Early…

Defendant Jailed For Breach of Anti-Social Behaviour Injunction

19/03/14

Green Vale Homes has sent out a clear message to those who commit anti-social behaviour in its neighbourhoods. Darren Melody, 32, of Edward Street, Bacup, was given an eight-week custodial sentence after breaching an injunction, which excluded him from entering an area which included the Staghills Road…

Unfair References Can Prove Costly for Employers

04/03/14

Employers who unfairly give former employees bad references could face expensive compensation claims, warns a Lancashire Employment Solicitor. In a recent case an employer provided an unfavourable reference as a result of an employee's involvement in a complaint of discrimination. The Court of…

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February

Pre-Nup Proposals Welcomed

27/02/14

A Family Law expert has welcomed proposals that Prenuptial Agreements should be made legally binding. The Law Commission has today recommended that Prenuptial and Postnuptial agreements should be legally binding as it will make it easier for couples to manage their finances should they…

Expansion For Forbes' Housing Team

26/02/14

Forbes Solicitors is pleased to announce the expansion of the Housing Team following the appointment of Solicitor Amy Stirton. She is part of the Housing Litigation team and will work predominantly on behalf of Social Housing clients on a range of matters including antisocial behaviour injunctions, gas…

Forbes Helps East Lancashire Hospice Raise Vital Funds

19/02/14

Kind hearted Solicitors at Forbes gave their time freely to help East Lancashire Hospice raise vital funds to care for their patients. Forbes Solicitors raised £680 when clients made a donation to the Hospice in return for a Will and Lorraine Wilson from Forbes handed over the cheque to…

Cosmetic Rules Do Not Go Far Enough

13/02/14

New proposals governing cosmetic procedures do not go far enough to protect patients warns a clinical negligence expert at Forbes Solicitors. The Keogh report, commissioned as a result of the PIP implant scandal, recommended that those performing cosmetic procedures be trained to a high standard.…

Successful Defence in School EL Tyre Claim

10/02/14

Barton v Wigan Council - Wigan County Court - DJ Gordon Forbes has recently successfully defended an Employers' Liability claim following an accident with a piece of work equipment. The Claimant's case was that she had injured her finger when rolling a motorcycle tyre for a class of school children in…

Employment Tribunal Fee Not Unlawful - Welcome News For Employers

07/02/14

An Employment Solicitor has welcomed a High Court ruling that the introduction of fees for bringing Employment Tribunal claims was not unlawful as good news for employers. The lawfulness of Tribunal fees was challenged by the trade union UNISON immediately after being implemented. The challenge was…

Roache Case Serves As Timely Reminder For Employers

06/02/14

An Employment expert at Forbes Solicitors is warning employers that the case involving actor William Roache should serve as a timely reminder about the employment implications of a criminal prosecution. Where an employee is accused or convicted of a criminal offence in relation to conduct carried out…

Transfer of Undertakings (Protection of Employment) (TUPE) Regulations

05/02/14

From 31st January 2014, new Transfer of Undertakings (Protection of Employment) (TUPE) Regulations come into force. The new provisions allow the renegotiation of terms agreed in a collective agreement one year after transfer, provided that overall the change is no less favourable to the employee.…

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January

Three Promoted at Forbes

15/01/14

Forbes Solicitors is pleased to announce the promotion of a new Partner and two Associate Solicitors, all of whom started their careers with Forbes. Pauline Rigby has been promoted to Partner within the Business Law team. She has been with Forbes for over 10 years and acts for clients from start…

Recovery of Costs and Service Charge Disputes

15/01/14

Alexander Christoforou & Diogenous v Standard Apartments Ltd The Upper Tribunal last month ruled that although a party to proceedings before a LVT (now the First Tier Tribunal (Property Chamber) are not required to pay costs incurred by the other party, it does not stop a party being required to…

Nigel Gains Higher Rights of Audience, Extending Forbes' Seamless Offering

14/01/14

Forbes' Insurance Team has added to its ability to offer a seamless service, providing advice from the outset to conclusion of a case, after Nigel McCloy gained his Higher Rights of Audience Advocacy qualification. Nigel is based at the firm's Leeds office and undertakes a wide range of Defendant…

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