Archived News from 2015

December

Last Christmas before you Divorce?

29/12/15

If you have simply run the Christmas errands because that is what is expected, or making efforts to put on a brave face in case Christmas celebrations would be miserable for everyone, then please be aware that you were not alone. It is not surprising that every year January is our busiest time as…

Counting the Costs of Insolvency

23/12/15

In changes proposed by the Government in its efforts to reduce litigation costs, creditors could lose out to unscrupulous rogue company directors. The Government is proposing to abolish the recoverability of Conditional Fee Agreement (CFA) success fees and associated 'After The Event' (ATE)…

A Guide to the New 2015 Rehabilitation Code

22/12/15

A new Rehabilitation Code is operational from Tuesday 1st December 2015. The Code is voluntary but the personal injury pre-action protocol provides that its use should be considered for all types of PI claims. The Code is intended to promote collaborative use of rehabilitation and early intervention…

Claimant Awarded Damages for Psychological Trauma from "Sexting"

22/12/15

ABC v West Heath 2000 Ltd & Whillock [2015] EWHC 2687 (QB A Claimant has been awarded £25,000 by the High Court for the psychological harm caused to her by being encouraged to send explicit, sexual text messages and images of herself to the Vice-Principal and Child Protection Officer at a…

Don't Push It!

22/12/15

Hobbs v Guy's And St Thomas' NHS Foundation Trust [2015] EWHC B20 (Costs) Following a provisional assessment where the claimant's costs were reduced by two thirds from £32,329.12 to £9879.34 the claimant sought a post provisional assessment. At the post provisional…

Decision to Deny Staged Insurance Premium Upheld on Appeal

22/12/15

O'Donnell v Bury MBC - Manchester County Court In our July newsletter we reported that Forbes had successfully challenged an extortionate staged ATE premium. At the Detailed Assessment the staged premium had been knocked down from £14,747.25 to just £840. The Claimant subsequently…

Developments in relation to Universal Credit, APAs and bedroom tax.

21/12/15

There have been some recent developments since the article 'Universal Credit, APAs and bedroom tax' was put up on the Forbes' website on 05 October 2015. Please click here to view the article. As discussed in the previous article, some landlords had spotted a provision in the new…

Questions we have been asked over the past month and our top tips

16/12/15

Employment and HR queries we have received from schools this month: Q: If an employee refuses to sign an occupational health referral consent form can the school still make the referral? A: No, in order for an employee to attend an Occupational Health referral and for the information to be…

The Consumer Rights Act 2015 and Independent Schools

16/12/15

When you think of consumer rights protection an educational setting doesn't immediately spring to mind, with the media spotlight tending to fall on major retailers such as supermarkets. Schools are, however, service providers, and as sellers of services independent schools are particularly…

Advice to Schools regarding the recent flooding in Cumbria and Lancashire

16/12/15

The recent flooding in large parts of Cumbria and Lancashire has affected many homes and businesses, including schools and education centres. If your school has been without electricity as a result of the flood waters, you may be able to make a claim to Electricity North West under a piece of…

Governance Handbook 2015

16/12/15

The Department for Education have published a new re-branded version of the Governance Handbook for Governors in maintained schools and academies. The handbook has been updated to 'reflect changes to the law affecting boards of governors and changes to education policy'. The change in the…

North West law firm helps raise money for local hospice

10/12/15

It's not something we really want to think about, but making a will is something we all have to consider at some point in our lives. In order to encourage people to make a will, North West based Forbes Solicitors participated in Will Week, during which 100% of the will writing fee was donated…

Law firm ditches razors for month long charity fund raiser

03/12/15

A plucky bunch of solicitors decided to ditch their razors in favour of growing facial fuzz for a month, in order to raise money for the 'Movember Foundation'. The foundation is a charity which focuses on a number of men's health issues such as prostate and testicular cancer, through to…

A Guide to the New 2015 Rehabilitation Code

01/12/15

The 2015 Rehabilitation Code is operational from Tuesday 1 st December 2015. A copy of the Code can be found here . The Code is voluntary BUT the personal injury pre-action protocol provides that its use should be considered for all types of PI claims. The Code is intended to promote…

Forbes Go-es Karting

01/12/15

Forbes' Housing and Regeneration team took to the track last week and invited a number of their clients, to take part in their annual go-karting tournament. It was a tense evening with everyone wanting to get that number 1 position on the podium. After four heats and a tense semi-final the top 12…

Starter Homes vs Affordable Homes

01/12/15

One topic which has been turning heads since the Conservative Party Conference in October 2015 is the government's Housing and Planning Bill which plans to scrap the planning rules requiring affordable homes. The change would mean that developers would not need to provide the affordable homes…

Greater Manchester Memorandum of Understanding

01/12/15

In April 2016 we could see Greater Manchester introduce a 'memorandum of understanding' which will attempt to set joint targets across the region on areas such housing supply, crime, health and employment. A historic memorandum of understanding was introduced in September this year to reform…

Are you LinkedIn or Out?

01/12/15

As social media is such a key part of our day, our Housing & Regeneration Group has developed a number of new initiatives to extend our value added service to our RP clients. If you are a frequenter of LinkedIn, you may have seen our new showcase page which provides clients and those in the…

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November

Regulatory Notices Issued For Health and Safety Failings

30/11/15

This month, the Homes and Communities Agency ('HCA') has issued two providers with regulatory notices following failures to meet all applicable statutory requirements that provide for the health and safety of tenants in their homes. The HCA issued a regulatory notice against Orbit Group…

Egg-cellent Result!

27/11/15

Learoyd v Co-operative Group Ltd - Halifax County Court The claimant attended the defendant's store to pick up an Easter egg which was being donated by the store. The claimant alleged that she slipped whilst walking over an area of floor. She claimed that she did not know of the spillage prior…

Mind the Step!

27/11/15

Joynes v Wakefield and District Housing Ltd The Claimant alleged that as he was exiting a property owned by the Defendant, he placed his right foot on the outside step and as he lifted his left leg over the lip, he caught his left foot and fell. It was alleged that the step and threshold was…

The Killer Question

27/11/15

Allen v Warrington BC - Warrington CC Opening question: "When did you first think that your fall might have been caused by a hole in the road?" Claimant's answer: "I'm not sure exactly. It was some days later when I was replaying the accident in my mind". In…

QOCS Disapplied After Claimant Fails to Attend Trial

27/11/15

Brahilika v Allianz Insurance Plc CC (Romford) (District Judge Dodsworth) 30/07/2015 A claimant who brought a claim for personal injury failed to attend his one day fast track trial because he was on holiday. The judge struck out the claim, disapplied QOCS and awarded the defendant its costs.…

Forbes helps secure premises deal for Preston retailer

27/11/15

A new business venture is an exciting time for any entrepreneur, but if your business plan requires you to lease new premises, you might want to think about taking legal advice before you sign on the dotted line. This is exactly what Chris Clare considered before opening his first mens designer…

George Osbourne's Autumn Statement - Spending review

26/11/15

George Osbourne's Autumn Statement yesterday revealed how £4 trillion pounds is to be spent over the next 5 years. The statement aims to remove the deficit completely in the next four years, seeing a £10 billion surplus by 2019. For the housing and property sector, the announcement…

Forbes Solicitors helps with PM+M expansion plans

24/11/15

Forbes Solicitors based in Preston have assisted leading accountants PM+M in their expansion to larger offices in Burnley town centre. Burnley has been well recognised as the thriving hub of business enterprise in East Lancashire, so when PM+M were looking to expand, the centre was the obvious…

Riverside obtain injunction with positive requirements for lifetime of tenancy

24/11/15

Riverside had been receiving complaints of anti-social behaviour in relation to the Defendant since 2011. The complaints included, amongst other things, the Defendant displaying drunk and disorderly behaviour in public, walking around in public in a state of undress, causing damage to his property,…

Promotion for Forbes' Solicitor

20/11/15

North West based law firm Forbes Solicitors, have promoted Solicitor Jennifer Wilkinson to Associate. Alongside Wills and Tax, Jennifer who has been with the firm for over two years also looks after Probate and Trusts. "I am delighted to have been recognised for my hard work and…

Debt Collect Recoveries - October 2015

19/11/15

Forbes' Debt Recovery team recovered almost £30,000 for clients in October 2015. The team recovered over £7,000 for a Championship football team, over £6000 for a local Timber Merchant and almost £3000 for a textiles company in Bradford. If you are struggling with…

Internal promotion to Head of Department for Forbes' Solicitor

17/11/15

Forbes Solicitors, have promoted Associate Solicitor Tom Smith, to Head up their Dispute Resolution Team. Tom, who joined Forbes in July 2015, advises in relation to commercial disputes, providing strong, commercial advice to SME's, partnerships and owner managed businesses across the country.…

NA v Nottinghamshire County Council - Court of Appeal Judgment Handed Down

12/11/15

The Court of Appeal has now handed down its judgment in this seminal case in the field of Social Services claims. This was an appeal by the Claimant - NA - and a cross-appeal by the Local Authority - Nottinghamshire County Council - against the first instance decision of Males J. Males J found that…

Review of 'Pay to Stay Discussion' at Forbes Solicitors

12/11/15

On 12 th of November 2015, Forbes Solicitors hosted a discussion in relation to the 'Pay to Stay' policy, which the Government is planning to introduce in 2017. The introduction of the budget has brought a number of changes affecting Registered Providers (RPs) of social housing. This event…

Questions we have been asked over the past month and our top tips

12/11/15

1. Who can request flexible working and can the employer reject the request? This has been a hot topic this month and we have been inundated with questions regarding flexible working. Despite the new rules coming into force in 2014, it appears that many employers are still unsure of how to deal…

Dress codes and Discrimination

12/11/15

There have been a number of high profile cases recently where dress code has been in the headlines. Working within the education sector and with children requires suitable and practical attire and a lot of institutions have policies to govern staff uniform. In Begum v Pedagogy Auras UK Ltd the…

Young cricketers celebrate renewed sponsorship of their club

09/11/15

The juniors aged between 4-17 years will benefit from investment by the club, with funds going towards kit, nets and training for their coaches. Jack Aspden, First Team Captain at the cricket club, said "Forbes Solicitors have been supporting Penwortham Cricket Club since 2008 for which we are…

Forbes at Trial - Exaggerated Claim Falls Flat

09/11/15

Elias Hatia v Bolton Council The District Judge diplomatically described this highway tripping claim as "a difficult case to try to determine". Whilst she commented that it is wrong to expect a case to be completely consistent and flawless, this case was riddled with inconsistencies and…

Forbes sponsors Women in Housing conference

09/11/15

This years' inaugural Women in Housing Conference was held at the Hilton, Deansgate on 22 October 2015. It saw a whole host of women from the housing sector discussing the impact of the recent cuts on the sector and what it is like now to be a woman in business. Forbes was delighted to be a sponsor…

Forbes has the Foresight to protect your business

02/11/15

Forbes has launched a product to protect your business whilst taking away the stress associated with legal affairs. The 'Forbes Foresight' package will see a specialist solicitor visit businesses and hone in on key commercial objectives before providing a detailed report on the current &#…

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October

Forbes at Trial - Starry Eyes

29/10/15

A student at Myerscough College alleged that she had suffered a dog bite whilst on a work placement in a dog grooming salon. She alleged that she was using a hairdryer to dry a Shih Tzu called "Starry Eyes" when the dog suddenly turned round and bit her on the nose. A claim was brought…

Rehabilitation Code Revised

29/10/15

An updated Rehabilitation Code has been published. According to the Rehabilitation Working Party, the revised Rehabilitation Code provides " an approved framework for injury claims within which claimant representatives and compensators can work together ". Whilst the Code is voluntary, the…

New Guidelines for the Assessment of General Damages Published

29/10/15

The Thirteenth Edition of the Judicial College Guidelines has been published. The JC Guidelines are usually the first port of call when assessing general damages in personal injury claims. Brian Langstaff provides the introduction to the guidelines, he comments on a number of noteworthy changes.…

Fixed Costs Apply to RTA Case Transferred to the Multi Track

29/10/15

Shahow Qader & Ors v Esure Services Ltd (2015) QBD (TCC) A Judge has ruled that fixed recoverable costs should apply to RTA cases which start in the portal and are then transferred to the multi-track. At first instance, the district judge ordered that fixed costs would apply on the basis…

Jones Lighting Acquires Anderson & Heeley

20/10/15

Leyland based Jones Lighting Limited has successfully completed the purchase of Huddersfield lighting contractor Anderson & Heeley, following advice from the Corporate and Restructuring team at Forbes Solicitors and McMillan & Co LLP Chartered Accountants. Jones Lighting are the leading…

Legal Update for Accountants - Time to bring a warranty claim?

20/10/15

Case Update: The Hut Group Limited -v- Oliver Nohabar-Cookson and another [2014] EWCH 3842 (Comm) The High Court had to interpret the terms of notice provisions in a share purchase agreement (SPA) to establish whether the imposed time limit ran from when the Buyer became aware of the grounds which…

Debt Collect Recoveries - September 2015

19/10/15

Forbes' Debt Recovery team recovered over £20,000 for clients in September 2015. The team recovered over £10,000 on behalf of a Timber, Plumbing and Builders Merchants and over £2000 for an Estate Agents based in Darwen, Lancashire. If you are struggling with unpaid…

Breaking up is hard to do

18/10/15

Family Solicitor Donna Amos provides answers to the questions she faces most regularly about family separations. Q - My son separated from his wife and she will not allow us to see our grandson. Before they separated our grandson stayed over at our house and came on holidays with us. Do we have…

Trainee Solicitors Join Triple Award Winning Scheme

16/10/15

Six Trainee Solicitors have been welcomed to Forbes Solicitors' triple award winning training programme. Rebecca McCann, Bethany Paliga, Stacey Lakeland, Sarah Petrie, Laura Marsh and Amy Chadwick will be embarking on a two-year training contract with Forbes which will see them qualify…

Forbes' Shortlisted for Team of the Year at the Modern Law Awards.

15/10/15

Forbes' Complex Claims and Social Services Team has been shortlisted for Team of the Year at the Modern Law Awards. This is the second award recognition for the Team in recent weeks after being shortlisted for Defendant Personal Injury Team of the Year at the Eclipse Proclaim Personal…

Landmark Ruling To Open Floodgates on Divorce Settlements

14/10/15

A Family Expert is warning divorcing parties not to lie about their financial situation following two landmark rulings. The Supreme Court today handed down their judgments in the cases of Sharland v Sharland, and Gohil v Gohil. Although the cases involved difference facts, they were brought to the…

Pension Scams

13/10/15

Changes to pension rules have created new opportunities which the Government are calling "Pension Freedom". These changes have also created opportunities for financial fraudsters who have targeted a nationwide average of 9% of retired people according to a nationwide study by MetLife (1,006…

The Consumer Rights Act - What Does It Mean For Schools?

13/10/15

Whilst it may not appear obvious, as all schools deal directly with consumers, it is important to be aware of the new Consumer Rights Act 2015 (CRA). This is particularly going to be the case where schools are selling goods to consumers, e.g. through a school shop or online. The CRA is a new piece…

New High Court Scheme Gathering Pace

08/10/15

The High Court has begun the implementation of a new scheme which aims to have cases reaching trial within 10 months of the case being brought before the Courts. At this stage the scheme is not mandatory; a two year test of the scheme will be implemented in all Rolls Building Courts and parties…

Digital Litigation - The Risks to Businesses

08/10/15

As a society we are ever increasingly reliant upon the internet and technology to go about our daily lives. The vast majority of us will not go through a day without firing up our Laptops, Ipads or Smart Phones and many of us rely on them to conduct our business. The development of such technology…

Lost in Translation

07/10/15

Coventry County Court - 25/09/2015 A judge dismissed an employers' liability claim after the Claimant had failed to include a translation clause in her witness statement. The claimant brought a claim against her employer, after she allegedly sustained a personal injury when the claimant&#…

Claimant trips up at trial

06/10/15

12-13 August - Tameside County Court Tameside MBC In this highway tripping claim, the Claimant's witness evidence unravelled as it was revealed by the Claimant in a lengthy cross examination that his witness statement omitted to mention he was with someone at the time of the accident, a…

Recognition for the 'Flawless' Forbes Insurance Team in The Legal 500

06/10/15

Legal 500 has published its latest results and we are delighted to announce that the Insurance Department has been recognised as a 'flawless' department. In the recent publication, Legal 500 hails the 'straightforward' approach that the Forbes Insurance department prides itself on,…

Retail Legal Update Seminar Follow Up

06/10/15

There was a fantastic turn out for the annual Retail Legal Update Seminar at the Met Hotel on Friday 11 th September with retail clients and insurers in attendance. Speakers included Chris Booth who provided an update on fraud issues in the retail sector focusing on fundamental dishonesty, Medco…

The Supreme Court to Consider Whether a Settled Case Can be Re-Opened

06/10/15

The Court has given leave for the case of Hayward v Zurich Insurance Company PLC to be appealed to the Supreme Court. Earlier this year, the Court of Appeal considered whether a claim settled by Tomlin order could be re-opened on the basis of fraud. The Claimant had brought an employers'…

Cricket Claim All Out

06/10/15

In this interesting sports case (Thomas Bartlett v English Cricket Board Association of Cricket Officials (2015) CC (Wolverhampton) (Judge Lopez) 27/08/2015), a cricket player brought a claim against the English Cricket Board Association of Cricket Officials after he sustained an injury whilst playing…

Forbes Solicitors Shortlisted For Eclipse Proclaim Personal Injury Awards

05/10/15

Forbes' Insurance Team have been shortlisted for Defendant Personal Injury Team of the Year at the Eclipse Proclaim Personal Injury Awards 2015. The Department, which includes the Social Services Team who scooped the Legal Services Team of the Year at the Claims Innovation Awards earlier this…

Risk Averse or Worse?

05/10/15

Forbes Solicitors and Anderton Gables joined forces last week to host a seminar at Forbes' Manchester office to highlight some of the risks registered providers should be aware of when developing. One of the key messages was the importance of being risk aware and knowing how to manage those…

Is Building For Sale The Answer To The Rent Cuts?

05/10/15

Following the announcement that rents would be cut by 1% for the next four years, many housing associations' development programmes have been halted whilst business plans are reconsidered. One of the emerging themes is that development for sale may be on the increase to claw back lost income…

Universal Credit, APAs and Bedroom Tax

05/10/15

Universal Credit is a new type of benefit designed to support people who are on a low income or out of work. It replaces six existing benefits and is based on a single monthly payment, transferred directly into the recipient's bank account. Universal Credit is paid in the following ways…

National Minimum Wage Rates Increase

01/10/15

The Employment Team at Forbes Solicitors are reminding employers that as from 1st October 2015 the national minimum wage rates are to change - · the adult rate will increase by 20p to £6.70 an hour · the rate for 18-20 year olds will increase by 17p to £5.30 an hour…

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September

Case Update: Robert Welch Designs Limited v HMRC 2015 UKFtt 0431 (TC)

29/09/15

The First Tier Tribunal has held that a company is not entitled to recover Input Tax on the costs of removing a minority shareholder as the services supplied by their Advisor was for the majority shareholders rather than the company itself. The facts of the case revolved around the removal of…

Client Demand Fuels Appointments at Forbes

29/09/15

The Commercial Team at Forbes has expanded, as a direct result of increased client demand, with the appointment of four Solicitors. Tom Smith has joined the Dispute Resolution Department as an Associate. He is an experienced Solicitor specialising in business disputes and a member of the Law…

One Week Deadline For Right To Buy Votes

29/09/15

Social landlords have been given just 7 days in which to make a decision which could significantly affect their future. Last week a proposal was put to all housing associations to vote on the voluntary introduction of the Right to Buy extension, as opposed enforcing it by way of legislation. It…

Changes to Section 21 Notices from 01 October 2015

23/09/15

The Assured Shorthold Tenancy Notices and Prescribed Requirements Regulations (England) Regulations 2015 ('the Regulations') were laid before parliament on 09 September 2015 and come into force on 01 October 2015. From 01 October 2015, any landlord serving a notice under Section 21(1) or (4…

Dealmakers in association with Lancashire Business View

22/09/15

Forbes is pleased to be the sponsor of a new regular feature in Lancashire Business View - Dealmakers. The feature will look behind the headlines of acquisitions and mergers in the county and also provide expert advice, opinion and commentary. In the inaugural feature 'The Big…

Legal Update - The Small Business, Enterprise, and Employment Act

17/09/15

The SBEE Act came into force on the 28th March 2015. Major elements of the Act are still yet to be implemented. Some of the dates of implementation originally announced have recently changed. To clear things up, Forbes has completed an up to date table of all the latest changes and dates of implementation…

Four Qualify as Solicitors at Forbes

16/09/15

Forbes Solicitors is pleased to announce four Trainee Solicitors have now fully qualified after completing their two year training contracts with the firm. Laura Bradley joins the Commercial Property team at Blackburn, Lara Geldard joins the Housing & Regeneration Team based in Preston…

Whistleblowing - One Side Of The Story?

15/09/15

During the school holidays there was a programme on ITV called "Exposure - Making the Grades". The programme concerned schools where it was alleged that pupils had been allowed to re-take exams on a number of occasions with the effect of allowing them to increase their grades and improve the…

Charity Commission Regulation Doesn't Apply to Academies

15/09/15

For those Schools which are due to embark or are thinking of embarking on conversion to Academy status - whilst all Academies are charitable in nature, many Schools may not be aware that they cannot register with the Charity Commission for registered charity status. Academies will hold what is known as…

Claiming Compensation Boils Down To Accurate Records

15/09/15

Following the recent water contamination scare in Lancashire, schools are advised to make a record of any losses they may have suffered as a result of being unable to use tap water recently. These losses could be the expense in purchasing bottled water, the cost of having to boil water to use and…

Back to School? The New STPCD for September 2015

15/09/15

Back to School - The New STPCD for September 2015 A new School Teacher's Pay and Conditions Document has landed in time for the new school year. As per the 2014 guidance, the requirements contained within apply to all maintained schools and must be followed by all such schools and local…

Questions we have been asked over the past month and our top tips

15/09/15

1. During a DBS Safeguarding and Data Protection session, we were asked about the level of DBS checks required of contractors. Under the "Keeping Children Safe in Education" statutory guidance 2015 the response to this question is that they must at least have an enhanced check without…

Homeownership on the decline: Is PRS the answer?

14/09/15

The Private Rented Sector (PRS) has been on the increase for some time and is an important solution where homes are becoming more unaffordable. The English Housing Survey has revealed that social housing household figures recently fell below that of private rented sector households and that there are…

Up on the Roof - Employee on a frolic of his own!

09/09/15

Smith v Asda Stores Ltd - Bournemouth and Poole County Court The Claimant brought a claim against his employer, Asda, after falling from the top of a home delivery vehicle. Prior to the accident there had been some larking around in the depot and a baseball cap had been…

Claiming Compensation Boils Down To Accurate Records

03/09/15

Lancashire law firm Forbes Solicitors is urging businesses affected by the recent water contamination crisis to keep full and accurate records of losses suffered to make the process of claiming compensation as smooth as possible. Some areas in Lancashire are still affected by the boil water notice…

Bumper August for Forbes' Debt Collect

03/09/15

August proved to be a bumper month for Lancashire businesses who took control of outstanding payments. Forbes' Debt Collect team assisted businesses in claiming £100,000 of money they were owed. Over £46,000 was recovered on behalf of Woodscape Ltd whilst at the lower end of the…

Hale -v- Wakefield and District Housing and Another

02/09/15

Hale -v- Wakefield and District Housing and Another The Claimant brought a claim against the First Defendant alleging that he had tripped on a raised and defective paving stone in an alleyway whilst walking his dog. From the outset of proceedings, Forbes on behalf of the First Defendant argued…

Attempts to Undermine Medco System Leads to Immediate Review by MoJ

02/09/15

MedCo is the new system to facilitate the sourcing of medical reports in soft tissue injury claims brought under the MoJ's Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents. It went live in April 2015. After a matter of months, the MoJ is being forced to…

Claimant receives QOCS protection despite pre 1st April 2013 CFA

02/09/15

Casseldine v Diocese of Llandaff (2015) CC (Cardiff) (Judge Phillips) 03/07/2015 In this controversial decision, a regional costs judge has ordered that a claimant was entitled to the protection of QOCS even though she had signed an earlier pre- 1 st April 2013 CFA for the same injury. The…

Further Civil Court Fee Increases on the Horizon?...again!

02/09/15

In March 2015, the government implemented its controversial plans to increase civil court fees. Four months on and the government has launched a "Consultation on Further Fees Proposals". Government minister, Shailesh Vara commented that despite the fees already introduced, the court system…

Pre-Action Admission Warning

02/09/15

Cavell -v- Transport for London [2015] EWHC 2283 (QB) QBD (William Davis J) 30/07/2015 In this matter, the defendant Transport for London (TfL) applied to withdraw a pre-action admission of liability in a personal injury claim brought by a cyclist. Mr Cavell alleged that he had sustained a…

Solicitor Shortlisted for National Award

01/09/15

A Solicitor at Forbes Solicitors has been shortlisted for a prestigious Liberty Human Rights Award. Sarah Magill, a Solicitor Advocate based at the firm's Preston office, is nominated, along with the rest of The Cardiff Law School Innocence Project, for The Christine Jackson Young Person…

HCA publishes Regulating the Standards

01/09/15

In April of this year the Homes and Communities Agency, the regulator of social housing for England (the Regulator) introduced changes to the Regulatory Framework for Social Housing. The Regulator has now published Regulating the Standards, which describes the operational approach the Regulator will…

£26 Million Pot Unlocks Brownfield Sites

01/09/15

As part of the Conservatives pledge to deliver more starter homes by 2020 the government, earlier this month, announced that a £26 million fund will be made available to housing associations, architects, councils and small builders to assist with the purchasing and developing of brownfield sites…

Forbes Proud to Sponsor Women In Housing Conference 2015

01/09/15

Forbes is delighted to be sponsoring and attending the inaugural Women In Housing Awards Conference which will take place on 22 October 2015 at the Hilton Hotel, Deansgate, Manchester. The conference will deliver a packed programme of presentations, debates and workshops joined by some fantastic guest…

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August

Unreasonable director conduct: a reminder from the High Court

25/08/15

A recent decision in the High Court serves as a reminder to directors that their statutory duties must be complied with. In Re: Finch (UK) PLC (in liquidation) [2015] EWHC 2430 (Ch), joint liquidators issued a claim to recover over £1.1m from Mr and Mrs Finch, the only directors and…

Forbes' Family Team Expands

20/08/15

Forbes Solicitors' Family team has expanded following the appointment of specialist Family Solicitor Alex Reid. Alex, who is from Lytham St Anne's, has joined the team based at the firm's Preston office and has over five years' experience in Family Law. She is a member of the…

Small site affordable homes threshold: quashed!

17/08/15

The High Court has, on 31 July 2015, overturned planning guidance which exempts small sites from Section 106 affordable housing rules. West Berkshire and Reading borough councils successfully challenged the government's decision to exempt developers from providing affordable homes on schemes…

Debt Collect Recoveries - July 2015

04/08/15

Forbes' Debt Recovery team recovered over £55,000 for clients in July 2015. The team recovered almost £10,000 for Joe Browns Ltd, a clothing company in Leeds, across 7 different invoices. Over £20,000 was recovered on one invoice on behalf of a Timber, Plumbing and…

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July

Magpies Business Club

30/07/15

Chorley FC, in conjunction with Partners Forbes Solicitors, Handelsbanken and Baker Tilly have recently launched a business club to strengthen links between businesses in the Chorley area whilst also supporting The Magpies. The Magpies Business Club will officially launch on September 3 rd at…

Summer Budget 2015

29/07/15

Many of the measures contained in the Budget will have a significant impact, summarised below are the key implicaions to individuals. Inheritance Tax · An additional main residence Nil Rated Band is to be introduced with effect from April 2017. Buy To Lets ·…

Continued Success For Lancashire HR Forum With Forbes' Support

24/07/15

Forbes Solicitors has signed up to support a Lancashire based employer's forum for a further year after the continued growth and success of the events. The Lancashire HR Employer's Forum has now been supported by Forbes Solicitors for over 5 years after they stepped in to save the events…

Right To Buy Latest

23/07/15

Since the Conservatives announced their plans to extend the Right to Buy, the policy has gained much criticism as it is likely to see housing associations selling more of its asset base under the statutory right to buy. The House of Lords has recently voted to make an amendment to the Charities…

Emergency Budget - What It Means For Housing

23/07/15

Following the emergency Budget earlier this month the already worrying housing crisis is only going to be put under further strain over the coming years. The principal concern is of course the shock rent reduction announcement. Social landlords will have to reduce rents by a flat rate of 1% without…

An Unusual Occurrence

21/07/15

Forbes has recently successfully defended an unusual case at trial. The Claimant had parked his car outside a cemetery and had attempted to take his own life. A member of the public happened to notice something was wrong and contacted the Emergency Services just in time. The Claimant was admitted to a…

Nazir v Calderdale Metropolitan Borough Council

21/07/15

District Judge Gardner During a visit to a local swimming pool the Claimant sustained an injury to her foot. She alleged that whilst she was in the sauna area of the establishment, her foot came into contact with a loose metal strip on a step. A claim was therefore brought pursuant to section 2 of…

Risks in Leisure - Foreseeable Accidents

21/07/15

In the matter of Jason Lowdon v Jumpzone Leisure UK Ltd (2015)[2015] EWCA Civ 586 a company operating a fun fair ride known as the "Hyper Jump" on Brighton Beach appealed against a first instance decision that the Claimant had suffered personal injury as a result of its negligence. The &…

Another Swimming Tragedy

21/07/15

RXDX (By his mother and litigation friend) (Claimant) v Northampton Borough Council (Defendant) & DXDX (Third Party) (2015)[2015] EWHC 1677 (Admin) QBD (Sir Colin Mackay) 11/06/2015 In this tragic case, the Claimant by way of his mother brought a claim for damages against the local authority…

EAT Judgment on the effect of ACAS Early Conciliation rules

20/07/15

The Employment Appeal Tribunal has held in the case of Cranwell v Cullen that the requirement to engage in early conciliation via ACAS before bringing a claim in the Employment Tribunal cannot be skipped unless one of the permitted exceptions apply. The Claimant lodged a claim with the Employment…

"Establishment test" for Collective Consultation Re-established

20/07/15

A recent decision by the European Court of Justice ("ECJ") in the case of Woolworths will no doubt be welcomed by businesses that operate from more than one site. The decision means that in the case of businesses with multiple stores or offices, like Woolworths, in a redundancy situation a…

Grievance Need Not Halt Discipline

20/07/15

Does an employer need to suspend a Disciplinary Hearing to deal with the employee's Grievance? No, according to the Employment Appeal Tribunal in the case of Jinadu v Docklands Buses. The Claimant was employed by the Respondent as a bus driver. Following a complaint by a member of the public…

"and with all my worldly goods I thee endow..."

20/07/15

Recent statistics show that there are now approximately 5 million divorced people in the UK, the highest number in Europe and 4 out of 10 married couples will eventually separate……it could be you! It is unlikely that you were thinking about your business assets when you recited your…

How long will my house move take?

20/07/15

Moving house is up there with death and divorce as being one of the most stressful events in your life. A recent survey carried out by the Law Society said that the waiting aspect of buying a house was the most stressful aspect. How long will it take, is the most frequently asked question from our…

Who needs unoccupied property Insurance?

20/07/15

Many people rely upon property insurance in the event their property is subject to damage such as flood, fire, theft and vandals. However, not everyone revisits their insurance policy when there are changes in their personal circumstances. Even if your absence from the property is temporary i.e.…

Does your property meet energy efficiency standards?

20/07/15

In July 2014 the Department of Energy and Climate change (DECC) announced their consultation on the proposed minimum Energy Performance Standards (MEPS) for domestic and non-domestic privately rented properties. The responses to the consultation have now been published and are summarised below:…

The Parent Trap - Indirect Discrimination and Shared Parental Leave

20/07/15

The new Shared Parental Leave provisions, which took effect on 5 April, allow working couples to share up to 50 weeks of leave and 37 weeks of pay (48 and 35 weeks respectively if the mother is a factory worker) following the birth or adoption of their child, the aim being to offer greater flexibility…

Solicitor joins WISH NW Board

16/07/15

A Solicitor in the Housing & Regeneration Team at Forbes Solicitors has recently been appointed as a Board Member of Women in Social Housing North West. Amy Hunter joined the board following a competitive interview stage and will spend the first three months in the role shadowing a…

Forbes Sponsors Ribble Valley Business Awards 2015

16/07/15

Entries are now open for the second Ribble Valley Business Awards and Forbes are pleased to once again be sponsoring the Large Business category. The aim of the awards is to recognise and celebrate the enterprising people and businesses that make the Ribble Valley such a wonderful place to…

Forbes sponsors LBV's Engineering Feature

14/07/15

Forbes sponsored Lancashire Business View's Engineering Feature in the July/August 2015 edition. There is an overall feeling of positivity and possibility in a thriving Lancashire engineering sector that's driving ever onwards. In the feature Lancashire Business View addressed…

Debt Collect Recoveries - June 2015

06/07/15

Forbes' Debt Recovery team recovered £35,335.03 for clients in June 2015. The team recovered £9916.19 last month for Joe Browns Ltd, a clothing company in Leeds, which included £779.50 in interest and late payment fees. In addition, they also recovered the full…

Forbes advises on Electric Coffee Company Share Purchase

06/07/15

Following advice from the Corporate & Restructuring Team at Forbes Solicitors Adnan Anwar has become the part owner of the Electric Coffee Company. The Electric Coffee Company, based in Ealing, London, uses beans from the finest artisan roasters to produce their coffee and Adnan is now a joint…

Livin Housing Limited

01/07/15

Middlesbrough County Court - DJ Keating Forbes has successfully defended a housing disrepair claim at trial on behalf of Livin Housing Limited. The Claimant alleged that she was in the garage attached to the property rented from the Defendant. She had opened the garage door by opening the 'up…

Woodward v Calderdale MBC

01/07/15

Halifax County Court - DDJ Mahmood Forbes has successfully defended a claim for property damage at trial, after a cherry tree fell without warning on to the Claimant's Ford Transit van. The Claimant had parked his vehicle on the road side, when a tree measuring some 15-20 feet, fell on to the…

CIH 2015 Round Up

01/07/15

The Chartered Institute of Housing Conference was held at Manchester Central on 23rd - 25th June and saw a wide variety of speakers take the floor to cover an assortment of topics. The Housing & Regeneration Team have put together a summary of the key sessions affecting Registered Providers…

Forbes Successful On Appeal - Fixed Costs Apply to Post-Portal PADs

01/07/15

On the 9 June 2015 Forbes sought the first Appeal decision on the issue of whether fixed costs apply to pre-action disclosure applications for cases which started life in the Portal (Post-Portal PADs). Over recent months, Forbes has vehemently argued that Post-Portal PADs are interim applications and…

Claimant Denied Staged Insurance Premium

01/07/15

Forbes has successfully challenged an extortionate staged ATE premium at a Detailed Assessment this month. The staged premium was knocked down from £14,747.25 to just £840. At the Detailed Assessment the DD Judge confirmed that whilst a staged ATE premium was acceptable in principle, a…

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June

Legal Update - Small Business, Enterprise and Employment Act

25/06/15

Following on from our previous article on the Small Business, Enterprise and Employment Bill, which can be found here , the Act has now been passed - with some of its provisions already in force. As of 27 May 2015, the statutory directors duties apply not only to formally-…

Today on Stand F3 at CIH 2015 - Meet the CEO

24/06/15

We hope to see you at the Chartered Institute of Housing Exhibition today. After a busy first day, the leader of the scalextric competition changed hands several times with the current leader being Amy Lush from 12 College Place Barristers with a time of 3.288 - visit us on stand F3 to see if…

Visit us on stand F3 at CIH 2015

22/06/15

Visit the Forbes' Housing & Regeneration Team on stand F3 during The Chartered Institute of Housing Exhibition and race on our scalextric track, back by popular demand for a second year, for your chance to win a luxury picnic hamper. At 10am each day we will have freshly baked cupcakes for…

Market research company's claim for breach of warranties refused by Court

19/06/15

In the case of IPSOS SA v Dentsu Aegis Network Ltd [2015] EWHC 1171 (Comm) the High Court has dismissed a claim for breach of warranty under a share purchase agreement, as the Buyer had not served the requisite notice on the Seller. Background The Claimant (Buyer), the market research…

Pauline Rigby Is The Young 'Un in Law

18/06/15

The Head of Corporate & Restructuring at Forbes Solicitors has been recognised as the best Young 'Un in the Lancashire Legal Community. Pauline Rigby won the Young 'Un in Law category at the inaugural Young 'Uns Awards held at the Winter Gardens in Blackpool on 12 th June. The…

Data Protection Regulator Teaches Some Expensive Lessons

18/06/15

‎The Information Commissioner's Office (ICO) has been increasingly active in enforcing the Data Protection Act and many public bodies have been in its sights. It has enforced penalties of up to £200,000 for data security breaches including ‎allowing customer information to be…

Stokers Limited Acquires Lucas World Of Furniture

12/06/15

Stokers Limited has successfully completed a purchase of Lucas World of Furniture in Aylesbury as part of its plans for growth and expansion across the country. Forbes Solicitors and McMillan & Co LLP Chartered Accountants acted for Stokers Limited in this transaction. Pauline Rigby, Head of…

Forbes' Recognised as Legal Services Team of the Year

05/06/15

Forbes' Social Service Claims Team walked away as winners of the Legal Services Team of the Year at the Claims Innovation Awards 2015. The annual awards celebrate how firms, teams and individuals from across the legal services, claims management and associated industries; landscape…

What happens if a person dies intestate?

04/06/15

If a person dies without making a Will (known as dying intestate) then the process of dividing their estate could become more complicated than if they had set their wishes out in a Last Will and Testament. As it is not legally understood how they wanted their estate to be left, it comes down to a…

Spencer v Asda Stores Limited

01/06/15

Birmingham County Court The claimant alleged that she sustained an injury whilst visiting an Asda store. It was claimed that she entered an aisle in the George clothing department looking for slippers and in doing so; she tripped over a metal bar that had been left lying on the floor of the aisle.…

Watch Out For the Tree!

01/06/15

Rowarth v Tameside MBC, DJ Osborne - Tameside County Court The claimant alleged that in November 2012 she caught her foot against a mound in the pavement, caused by a raised tree root. Breach of duty was admitted, but due to a large number of inconsistencies in the claimant's account of the…

Well Maintained Highways Code of Practice to be Revised

01/06/15

A review is currently being carried out of the Well-maintained Highways, the Well-lit Highways and the Management of Highway Structures Code of Practice by the UK Roads Liaison Group (UKRLG). According to UKRLG the aim of the review is not to carry out a re-write but to update the advice in the…

Teenage Trespasser Claim Fails

01/06/15

Thomas Buckett (A Protected Party by his mother & Litigation Friend Amanda Buckett) v Staffordshire County Council (2015)QBD (Judge Main QC) 13/04/2015 The claimant, a 16 year old boy, sustained a severe head injury when he fell 15ft through a skylight whilst trespassing on the roof of a school…

A Case of Health and Safety Gone Mad!

01/06/15

West Sussex County Council v Kim Fuller (2015) [2015] EWCA Civ 189 CA (Civ Div) (Moore-Bick LJ, Tomlinson LJ, Sir Robin Jacob) 12/03/2015 An employee brought a claim following an injury at work. The claimant had been a receptionist at one of the local authority's offices. She had been asked to…

Court refuses to pay 100% success fee because trial had not started

01/06/15

James v David Ireland (2015)[2015] EWHC 1259 (QB) QBD (Slade J) 05/05/2015 The High Court has helped to clarify the circumstances in which a success fee of 100% is payable. The defendant in a RTA claim appealed an Order of Master Campbell after he found the trial of the action had commenced and…

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May

Housing Litigation Team Goes From Strength to Strength

28/05/15

The Housing Litigation Team at Forbes Solicitors continues to go from strength to strength following two promotions and a new appointment. Sam Gorrell and Justine Hunkins have both been promoted to Associates. Sam specialises in tenancy enforcement action and tackling Anti-Social Behaviour…

Forbes Solicitors Announces Promotions

27/05/15

Forbes Solicitors is pleased to announce the appointment of one Partner and five Associates. Craig Liversidge from the Crown Court Department in Preston has been promoted to Partner. Craig MacKenzie from the Crime Department at Chorley, Justine Hunkins and Sam Gorrell from Housing…

ISA Rule to benefit Spouses

22/05/15

New rules came into effect in April which grant people additional ISA allowances following the death of a spouse or civil partner. For deaths after the 3rd December 2014 the surviving spouse or civil partner will now receive the deceased's one-off ISA allowance. When a married or in a civil…

Warning For Local Businesses Following Discrimination Ruling

21/05/15

An employment expert at Forbes Solicitors is warning local businesses that decisions made on the grounds of religious views can still amount to discrimination following the Ashers Bakery case. The Bakery was sued by a customer following its decision to cancel the order of a cake containing a design…

Forbes' Housing & Regeneration Team Centralised

20/05/15

Forbes Solicitors Housing & Regeneration Department is now centralised in the Preston office offering a seamless service to clients. The Property Team has moved to Preston to join the other core housing departments including Employment & HR, Housing Management & Tenancy Enforcement and…

Recent Homelessness Ruling Prompts Reviews of Numerous Housing Cases

19/05/15

Local authorities may potentially have to review numerous applications for accommodation after a recent decision by the Supreme Court broadened the scope of vulnerable applicants who are considered homeless. Earlier this month, the Supreme Court handed down their judgment in three conjoined appeals…

Forbes Solicitors support Dementia Awareness week

19/05/15

This week is Dementia Awareness week in association with the Alzheimer's Society. Specialist Solicitors at Forbes are taking part in various events this week to promote awareness, including a Dementia Awareness Open day and a dementia evening at a local care home. Jennifer Wilkinson, a Dementia…

Contracting with Third Parties

15/05/15

Businesses of all shapes and sizes enter into contracts with third parties on a regular basis. Whilst schools, academies and education authorities alike may not consider this to be of great importance, there are numerous issues and pitfalls that should be borne in mind when entering into contracts with…

Solicitor Recognised as Expert in Elderly Client Advice

13/05/15

A Solicitor at Forbes Solicitors has been recognised as a specialist in providing legal advice for older and vulnerable people, their families and carers. Kirsty McNulty, Solicitor in Forbes' Wills, Probate, Tax and Trusts Department has been accepted as a member of the national association &#…

Great Places/ Forbes Solicitors obtain 'on notice' injunction on 02.04.15

07/05/15

Great Places issued proceedings under Part 1 of the Anti-Social Behaviour Crime and Policing Act 2014 against a Respondent who had made threats of violence towards a tenant. As there was a history of domestic violence and abusive incidents between the victim and the Respondent, Great Places had serious…

Forbes Advises Acme On Acquisition of Severn Catering Services

07/05/15

The Acme Facilities Group has strengthened its National Catering division with the acquisition of Severn Catering Services (SCS) Limited following advice from Forbes' Corporate & Restructuring Team. Blackburn headquartered Acme Facilities Group are the leading national provider of catering…

Self Build and Custom Housebuilding Act 2015

06/05/15

The Government has taken its first steps in legislating their Right to Build initiative by way of the Self Build and Custom Housing Building Act. The Act, that has recently received Royal Assent, aims to see an increase in the number of individuals building their own home or commissioning a builder to…

Don't drop the baby

01/05/15

Willis v Pennine Housing 2000 DJ Gardner Forbes has successfully defended a claim at trial on behalf of Pennine Housing. The claimant alleged that whilst descending the steps at the front of her property she lost her balance and fell due to loose paving slabs on the steps. She was carrying her…

No Spillage, No Claim

01/05/15

Cheryl Wozny v ASDA Stores Ltd Manchester County Court - Recorder Elleray QC 10 April 2015 Forbes has successfully defended a claim on behalf of ASDA Stores Ltd. The Claimant alleged that whilst shopping one morning at her local store she slipped in a crossing aisle sustaining an injury…

What's new…

01/05/15

A number of significant reforms have been introduced in April, notably the introduction of the Social Action, Responsibility and Heroism Act 2015, the implementation of the much discussed sections of the Criminal Courts and Justice Act 2015 relating to fundamental dishonesty and inducements and finally…

Medco Goes Live

01/05/15

From April 6 2015, initial medical reports in soft tissue injury claims brought under the MoJ's Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents must be sourced via a new IT portal called MedCo Registration Solutions, which will enable users to search for individual…

Insurance Fraud Taskforce Publishes Interim Report

01/05/15

The Insurance Fraud Taskforce was set up in January 2015. Its aim is to investigate the causes of fraudulent behaviour and recommend solutions to reduce the level of insurance fraud. The Insurance Fraud Taskforce has published its first interim report, the report sets out the areas that the…

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April

Housing Panel Appointment for Forbes Solicitors

28/04/15

Forbes Solicitors has reinforced its position as a leading provider of legal services to the social housing sector after being appointed to the legal panel of Wulvern Housing. Forbes' Housing and Regeneration Team will provide advice in respect of Governance, Regulatory, Treasury, Employment,…

Legal Update for Accountants - Deregulation Act 2015

23/04/15

The Deregulation Act 2015 has been passed as part of the government's Red Tape Challenge. In particular, section 18 of the Act seeks to simplify the rules regarding auditors' notification requirements. The section will be brought into force by the Secretary of State, though the date is currently…

Changes to Rules on Employers Making Criminal Record Requests

23/04/15

As of last month employers requesting applicants to provide evidence of the results of a subject access request disclosing their full criminal record (including spent convictions), became unlawful. This does not just apply to job applicants as section 56 of the Data Protection Act 1998 makes it a…

Forbes To Provide Employment Advice To Leyland Trucks

23/04/15

The Employment Team at Forbes Solicitors has been selected to provide employment law advice to one of Britain's leading manufacturing companies, Leyland Trucks The Company has a workforce of around 1,000 employees based at its award winning plant on the Lancashire Business Park in Farington,…

Contour Homes Obtain Part 1 Injunction Against Violent Tenant

22/04/15

Contour Homes, part of the Symphony Housing Group, have used the provisions of the Anti-Social Behaviour Crime and Policing Act 2014 to obtain an ex parte injunction against a tenant following a violent attack against a neighbouring resident. The application was made on 13 April 2015 following an…

Misuse of public funds can be regarded as an SOSR for justifying dismissal

20/04/15

Liverpool Mayor Joe Anderson has lost his fight to continue on the payroll of a school where he has not worked for two years. The Claimant had been employed as a learning mentor at the school by Sefton Council, whilst at the same time being an elected councillor in neighbouring Liverpool. He had…

Amendments to Pre-Action Protocol for Possession Claims by Social Landlords

17/04/15

On 06 April 2015, amendments to the Pre-Action Protocol for Possession Claims by Social Landlords came into force. Whilst previously the pre-action protocol related to claims for possession and rent arrears, an important amendment to note is that the pre-action protocol now also applies to mandatory…

Forbes' Bumper Recovery for Lancashire Businesses

15/04/15

Over £100,000 was recovered for Lancashire businesses in March 2015 by the Debt Collect Team at Forbes Solicitors as the increasing trend to tackle late payments continues. The department has seen a continuing movement in local businesses tightening up on bad debts and claiming what they are…

Budget measures fall short for housing?

10/04/15

Despite calls from the National Housing Federation to address the issue regarding housing with an aim of ending the housing crisis within a generation, the reveal of the current Government's final budget earlier this month left registered providers disappointed. Although the budget did announce the…

Green Vale Homes Secures New Civil Injunction Against Violent Tenant

10/04/15

Green Vale Homes, Rossendale's biggest social landlord, has secured an injunction against the visitor of a tenant after an attack on an employee. The application was made on 02.04.15 immediately following an incident where a Green Vale Homes employee had been physically assaulted by an…

Deprivation of Liberty: The guidance that we have all been waiting for

10/04/15

The case of P v Cheshire West and Chester, 12 months ago, threw the mental health and social care professions into disarray as its clarification of the law meant that potentially thousands of people, who had not previously been consider to be deprived of their liberty, now were. This meant that the care…

Gas Servicing Team Complete Gas Safety Awareness Level 2 Qualification

10/04/15

This week, all of the Gas Servicing Team within the Housing Litigation department at Forbes Solicitors have completed their Level 2 qualification in Gas Safety Awareness in Social Housing. The qualification, delivered by Morgan Lambert in conjunction with Logic Certification, provides the Gas…

An "Almighty Noise"

07/04/15

Isherwood v Wigan MBC District Judge Johnson - Wigan Council Forbes has successfully defended a claim on behalf of Wigan Council. The claimant alleged that she was driving at 20mph when she struck a pothole in the carriageway causing personal injury and damage to her vehicle. The…

Forbes' Partner Becomes St Catherine's Hospice Trustee

07/04/15

Jonathan Holden, Employment Partner at Forbes Solicitors, has been appointed as a Trustee of St Catherine's Hospice. St Catherine's cares for people facing life shortening illnesses across Central Lancashire covering the three boroughs of Chorley, Preston and South Ribble. Their…

Trial Win - Pavement Collapse Not Longstanding

07/04/15

Musa v Bolton Council District Judge Manasse - 16th March 2015 Forbes has successfully defended a claim on behalf of Bolton Council. The claimant alleged that he tripped in a long standing pothole and sustained an injury to his knee. The defendant denied that the defect was longstanding…

The Enterprise and Regulatory Reform Act 2013 Divide

07/04/15

The Enterprise and Regulatory Reform Act 2013 came into effect on 1st October 2013. It was hailed as a ground breaking piece of legislation which would dramatically alter the claims landscape. Prior to 1 st October 2013, employees who suffered an accident at work could bring a claim for damages…

Further Clarity Provided on Vicarious Liability

07/04/15

In the recent case of Paul Graham v Commercial Bodyworks Ltd (2015) EWCA an employer was found not liable for injuries sustained by an employee whilst engaging in dangerous 'horseplay' at work. Mr Graham worked in a body work repair shop, he sustained serious injuries when his overalls…

NIHL is a Disease not an Injury

07/04/15

The High Court has ruled in the case of Michael Dalton v BT PLC and others [2015] EWHC 616 (QB ) that Noise Induced Hearing Loss (NIHL) is a disease and not an injury for the purposes of calculating success fees. The issue before the Court was whether NIHL should be regarded as a disease. If NIHL…

Forbes Solicitors announce continued support of Blackburn Youth Zone

02/04/15

Leading Lancashire law firm, Forbes Solicitors, have chosen to extend their partnership with Blackburn Youth Zone. The firm have been generous supporters of the Youth Zone since 2012 when they became a Youth Zone Patron. In that time the company has supported the youth charity in a number of…

Dementia Awareness Event - Expert Advice from Forbes Solicitors

02/04/15

Members of Forbes Solicitors' Elderly Client Team will be on hand to provide expert advice at a Community Awareness Event being held during Dementia Awareness Week. A range of local companies are attending the event, hosted by Millercare, to help raise awareness of general health and wellbeing…

Hyndburn Homes Take Tough Action Against Anti-social Tenant

01/04/15

Hyndburn Homes Limited recently evicted a tenant who was responsible for driving two neighbours out of their homes. The Defendant in question had been violent towards one neighbour and had carried out a campaign of noise nuisance which made life unbearable for another. There had also been abuse and…

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March

Is an Attorney and an Executor the same thing?

31/03/15

There is often uncertainty surrounding the differences between an executor and an attorney. Making sure you understand the difference is important to ensure you put in place the correct measures for you and your family. An executor is someone appointed by your will to sort out your affairs after…

Legal Update for Accountants - Changes to Share Buyback Rules

30/03/15

Accountants should be aware of changes to share buyback rules, which are soon to come into effect. New Regulations have been published which seek to clarify the operation of share buyback provisions in the Companies Act 2006, following significant changes in 2013. The draft Companies Act 2006 (…

Legal Update - Small Business, Enterprise and Employment Bill

27/03/15

The Small Business, Enterprise and Employment Bill has recently been approved by both the House of Lords and House of Commons. The Bill, which makes significant amendments to the Companies Act 2006, the Insolvency Act 1986, and the Company Directors Disqualification Act 1986, simply awaits the formality…

Seminar To Demystify Holiday Pay Ruling For Lancashire Businesses

27/03/15

An Employment Expert at Forbes Solicitors is urging Lancashire businesses to get to grips with the recent ruling in relation to holiday pay or face the costly consequences. In the recent case of Lock v British Gas, the Employment Tribunal ruled that holiday pay should include something to reflect…

Pension Changes 2015

26/03/15

The government are making a number of changes to the way you can access your pension from April 2015. Anyone with a 'defined contribution' pension will have more choice and flexibility from the age of 55, with freedom to take your pension to suit your own circumstances. Your options…

Is obesity a disability - the European view

26/03/15

The European Court of Justice considered the question of whether obesity can be considered to be a disability in the case of FOA (Kaltoft) v Billund. The Court determined that it is possible for obesity to be considered to be a disability, however, it also suggested that discrimination on the grounds of…

LinkedIn -v- LinkedOut

24/03/15

How much do you know about your employees' LinkedIn contacts? Did you know that the contacts they have acquired whilst working in your employment may bypass your current restrictive covenants? Traditionally restrictive covenants have been clauses set out in the Employment Contract designed to…

Supreme Court Refuses Permission to Appeal in Southend-on-Sea v Armour

24/03/15

Last week, the Supreme Court published its decision on the Permission to Appeal application made previously by Southend-on-Sea Borough Council in the case of Southend-on-Sea v Armour . Southend-on-Sea had sought to appeal the earlier decision of the Court of Appeal, who had decided that the good…

Rosemere's Newton Dinner Date

23/03/15

Forbes Solicitors recently supported a charity dinner at Newton Village Hall, to support Rosemere Cancer Foundation. The three course dinner, which was prepared by chefs from Slaidburn's Hark to Bounty inn, was attended by more than 100 guests, who also enjoyed music from the duo Just…

Disability Defences Could Result in a Full Trial

18/03/15

Last week the Supreme Court handed down their judgment in the case of Akerman-Livingstone v Aster-Communities Limited . The Supreme Court held that the court's approach to proportionality in respect of defending possession proceedings based upon disability discrimination is different to the…

The Spring Property Report

18/03/15

Forbes' sponsored The Spring Property Report in the March/April edition of Lancashire Business View which features news, views, advice and interviews from the property and development world. The Report includes an introduction from Forbes' Head of Commercial Property Adam Bromley…

Solicitor Warns Of Importance Of Clean Break

12/03/15

Family Law experts Forbes Solicitors are advising people to consider a 'clean break' arrangement or obtain an order dealing with financial matters after divorcing following a landmark case. The Supreme Court ruled that the ex-wife of the Ecotricity founder, Dale Vince, could proceed with a…

Forbes' Apprentice Scheme Highly Commended

11/03/15

The quality of the Apprenticeship Scheme run by Forbes Solicitors has been recognised as Highly Commended at the Damar Apprenticeship Awards 2015. Forbes was recognised in the Employer of the Year category which showcases the business benefits gained through their commitment to Apprenticeships.…

Debt Collect Recoveries - February 2015

10/03/15

£28,848.04 was recovered for clients in February 2015. The team recovered the full outstanding amount of £8,461 for a local Pharmaceutical system provider and for another client recovered over £6,535 which was made up of 10 invoices. In addition they recovered £14,599.…

Debt Recovery Success For Thermal Hire Ltd

04/03/15

Forbes' Debt Collect Department recently recovered over £46,000 for Thermal Hire Ltd. Thermal Hire Ltd, heat treatments specialists, had an outstanding debt of £44,554.27 when they contacted Alison Nelson, Debt Collect Executive. Alison recovered the full amount plus an additional &…

Judge Brands Claimant "unreliable and not credible"

03/03/15

Cubby v Wigan Council, DJ Mornington - Wigan County Court Forbes' Insurance department successfully defended a claim for Wigan Council where the Claimant was seeking damages following an alleged tripping accident on a missing fillet surrounding a CATV box whilst walking home from a friend's…

Cracked Pavement Claim Fails

03/03/15

Tierney v Rochdale MBC, January 2015 - Manchester County Court, Recorder Little Forbes has successfully defended a claim on behalf of Rochdale MBC. The Claimant alleged that she had sustained a personal injury after falling on a broken flagstone in a residential area whilst out looking for a cat in…

All in a Days Work!

03/03/15

The Forbes Insurance team successfully defended two claims and negotiated the discontinuance of another claim last Friday on behalf of Tameside Borough Council. In the first matter, Dunn v Tameside MBC the Claimant alleged that he was moving in to his new home when he stepped in to a pothole in the…

Defendant Succeeds on Limitation - Claim for HAVS Statute Barred

03/03/15

Seddon v Salford Council Forbes has successfully defended a HAVS claim on the basis that the claim should be statute barred. The Claimant in this matter alleged excessive exposure to vibratory tools between 1979 to 2003. He alleged that he developed Hand-Arm Vibration Syndrome (HAVS) through his…

The Rise of Proportionality

03/03/15

(1) Savoye (2) Savoye Limited v Spicers Limited (2015)[2015] EWHC 33 (TCC) QBD (TCC) (Akenhead J) 15/01/2015 In this matter the High Court took the dramatic step of reducing a costs bill claimed in the sum of over £200,000 by 50% and summarily assessing costs in the sum of £96,465 on…

Notice Not Required Where a Defect Occurs in a Common Part

03/03/15

Samuel Edwards v Baladas Kumarasamy (2015) [2015] EWCA Civ 20 In this recent case, a landlord was held to be liable for a personal injury sustained by his tenant under an extended covenant implied into the tenancy by the Landlord and Tenant Act 1985 s.11(1A). It was found that a landlord's…

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February

MTL Group bought by WEC following advice from Forbes

26/02/15

Following advice from The Corporate and Restructuring Team at Forbes Solicitors, WEC Group has purchased MTL Group, saving 135 jobs. Darwen head quartered WEC Group, purchased Rotherham based MTL Group for an undisclosed fee, after the manufacturing firm went into administration earlier this month…

Forbes Solicitors Appointed to City West Legal Panel

20/02/15

Forbes Solicitors has reinforced its position as a leading provider of legal services to the social housing sector after being re-appointed to the legal panel of City West Housing Trust. City West manage 14,600 homes in the North West and Forbes were one of only two firms appointed to provide…

Regulatory Notice following Gas Safety Failure

20/02/15

This week, 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, Severn Vale Housing Society contacted…

Trukitchen Launches Harrogate Studio Following Advice From Forbes

19/02/15

An innovative kitchen company are expanding into Yorkshire following advice from the Business Law Team at Forbes Solicitors. Trukitchen Ltd will launch their second studio in Harrogate after an asset purchase. The second studio will complement their successful Wilmslow…

Part One Injunction to Commence on 23 March 2015

17/02/15

The Government has today announced that Part 1 of the Anti-Social Behaviour, Crime and Policing Act 2014 ('the Act') will commence with effect from 23 March 2015. Part 1 of the Act refers to the new civil injunction designed to tackle anti-social behaviour. As a result, the Part 1 civil…

Another Regulatory Notice from the HCA

16/02/15

Last week the Homes and Communities Agency (HCA) have issued a regulatory notice against a social landlord for failing to carry out urgent and emergency repairs on time. In a regulatory notice issued against Circle Anglia Limited, the HCA say the landlord breached the home standard, causing the…

Mcllroy Scores a Birdie with Mediation

16/02/15

An Accredited Mediator at Forbes Solicitors is advising businesses to consider mediation as a means to avoiding lengthy and costly court battles following a case involving leading golfer Rory McIlroy. McIlroy was facing 8 weeks in a Dublin Court in a dispute with his former management company, but…

New Head of Wills, Probate, Tax and Trusts at Forbes Solicitors

12/02/15

Forbes Solicitors is pleased to announce the appointment of Patricia Prescott as Head of the Wills, Probate, Tax and Trusts Department. Patricia is a member of the Society of Trust & Estate Practitioners (STEP) whose members are recognised as the most experienced and senior practitioners…

Update: Interpreting Restrictive Covenants

06/02/15

It is well established case law that employers using Restrictive Covenants in employment contracts, must ensure that they are drafted reasonable; in the interests of the parties and offer no more protection to the employer than required. But what is reasonable in the circumstances and how far will…

Debt Collect Recoveries - January 2015

02/02/15

In January 2015 Forbes' Debt Collect Team recovered over £29,000 for clients who took the first month of the New Year to tighten up on unpaid invoices. Notable success stories include recovering the full outstanding amount of £17,628 for a manufacturer of hardwood street furniture,…

Keeping it Old school...

02/02/15

The recent Employment Appeal Tribunal decision in Old v. Palace Fields Primary Academy reviewed the procedural fairness in the dismissal of a teacher who had given 21 years service to her school. It was alleged that Mrs Old encouraged the bullying of a pupil with special needs by inviting a number…

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January

Grab yourself a bargain property at auction

30/01/15

We've all heard the stories of how people attend a property auction and buy a home for an unbelievably low price. The process can prove exciting and potentially profitable; however it is essential that you proceed with caution. Once you've identified a property that you are interested in,…

Estate Planning Newsflash

30/01/15

Intestacy rules change From 1st October 2014 the rules governing the situation where someone dies without making a Will have changed. Spouses and civil partners will now receive a greater share of the estate outright. In cases where there are no children the spouse or civil partner will inherit…

Employment Tribunal Statistics

30/01/15

The Ministry of Justice has recently released statistics for Employment Tribunals from April to June 2014. The statistics demonstrate the ongoing trend in a drop in Tribunal claims generally. They report a drop of 70% compared with the same period in 2013. Also, there has been a drop of one third…

Directors' Disqualification for Breach of Duty

30/01/15

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…

Outsourcing Debt Recovery

30/01/15

A number of businesses rely on their internal credit control function to manage cases through the legal recoveries process, however we are seeing an increasing number of examples that make the case for outsourcing debt recovery:- Overheads Many businesses don't have the internal resource…

New Part 1 Injunction Update

30/01/15

The Government has this week announced that Part 1 of the Anti-Social Behaviour, Crime and Policing Act 2014 ('the Act') is likely to now come into force in March 2015. Part 1 of the Act refers to the new civil injunction designed to tackle anti-social behaviour. The delay was necessary to…

Tenants at Will

30/01/15

A recent High Court decision in Barclays Wealth Trustees (Jersey) Limited v Erimus Housing Limited [2014] EWCA Civ 303 looked at the risks for tenants of staying in occupation or holding over at the end of a fixed term of a lease contracted out of the Landlord and Tenant Act 1954. Erimus was…

Cycling Pothole Claim Win

30/01/15

McDermott v Rochdale MBC DJ Benson - 23 December 2014 The Claimant alleged that whilst out cycling he hit a pothole at a speed of around 18 to 20 miles per hour and was thrown from his bike sustaining a personal injury. He claimed that as he was travelling close to the kerb, it was not…

Frostbite claim defended at trial

30/01/15

Gremzbe v The Co-operative Group Coventry County Court A claim for personal injury was dismissed by the Court in this recent case for The Co-operative Group. The Claimant, a Warehouse Picker alleged that she suffered frostbite after being required to work in sub zero temperatures. The…

Claimants Claim Picked Off by Major Retailer

30/01/15

Leicester County Court The Claimant alleged that whilst acting in the course of his employment as an order picker at a major retailer, he was using a hook to pull a product forward on the bottom level of racking, when the hook allegedly got stuck in rollers causing the Claimant to sustain personal…

Judge Weeds Out Claim

30/01/15

Millet v The Riverside Group Ltd Liverpool County Court - Recorder Yip QC The Claimant brought a claim for personal injuries after he slipped whilst carrying a recycling box in the yard at the rear of the property he rented from the Defendant. It was alleged that the presence of weeds in…

Court Clarifies Common Law Duty to Road Users in Railings Claim

30/01/15

The tragic case of Foulds v Devon CC (2015) QBD relates to a cycling accident where an 18 year old lost control of his bicycle and left the carriageway, continuing through/over ornamental metal railings which were on top of a low retaining wall, and falling down a large drop to a lower road. The…

Council Fined Following Bin Lorry Accident

30/01/15

The Health and Safety Executive (HSE) has announced that it has fined Birmingham City Council £10,000 with £1,887 in costs after a refuse worker sustained leg injuries when he was trapped against a van by a reversing bin lorry. The fine comes in the same month as a number of catastrophic…

Court Fees on the Rise (Again)

30/01/15

Court fees are set to be reformed for the second time in less than 3 years after the Government announced plans to calculate court fees for monetary claims at 5% of the value of the claim, up to £10,000. Under the proposed changes it will cost £1,590 to bring a claim valued at £50…

The Big Freeze - Points to Consider

29/01/15

Snowfall has closed schools and businesses and led to traffic chaos in many parts of the UK. We consider the employment law implications… Whilst the onus is on employees to get into work regardless of the weather conditions, an employer should carefully consider each employee's…

Forbes Solicitors sponsors the Hive Blackburn and Darwen Business Awards

28/01/15

Forbes Solicitors is delighted to announce our sponsorship of The Enterprise in Education Award at the inaugural Hive Blackburn and Darwen Business Awards. The award is for schools and colleges which can demonstrate their commitment to developing an entrepreneurial attitude in their pupils…

New Premises For Finishing Touch Contract Packers

28/01/15

The Commercial Property Team at Forbes Solicitors has assisted local company, The Finishing Touch Contract Packers Ltd, in securing new premises following a period of growth. Handwork, print finishing and packing specialists The Finishing Touch Contract Packers have moved to larger premises…

Shareholder Disputes

27/01/15

The Dispute Resolution Team at Forbes has seen an increase in the number of cases where relationships between company directors have taken a turn for the worse. Let us imagine that three friends decide to start a business together, full of enthusiasm and optimism they cannot foresee any circumstances…

Debate: Manufacturing

13/01/15

Forbes Solicitors in association with Lancashire Business View brought together an expert panel, including Richard Clithero - Solicitor, Commercial Property and Gavin Wright - CEO, to debate the jewel in Lancashire's economic crown - Manufacturing.

Housing Panel Appointment for Forbes Solicitors

09/01/15

Forbes Solicitors has reinforced its position as a leading provider of legal services to the social housing sector after being re-appointed to the legal panel of HALA. Forbes' Housing and Regeneration Team will provides Corporate & Governance and Property & Development advice to HALA,…

Government announces programme to tackle insurance fraud in 2015

07/01/15

Chris Grayling the Lord Chancellor has announced plans to combat personal insurance fraud in 2015. Chris Grayling described the reforms as "much needed" and commented that whilst "the Government accepts that many personal injury claims are genuine, it is also clear that there are far too…

Importance of Housing in Family Law Proceedings

05/01/15

In the recent case of P (A Child: Use of S.20 CA 1989), the case is a family law matter but one which overlaps with housing law and the judgment shows that there is a need for a knowledge of housing law within family proceedings. The case concerned a child P, and his parents F & M. When P was…

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