Archived News from 2016

December

Dotting the I's and Crossing the T's

22/12/16

It is always nice to hear, when a Divorcing Couple can reach agreement between the two of them without any animosity or even having to involve Courts and Solicitors along the way. The advantages are clear. Both parties save legal fees, there is less acrimony and fallings out, and hopefully it will mean…

Teenager who fell from roof of teen shelter loses claim against Council

21/12/16

Jablonski v Preston City Council Blackpool CC - HHJ Carr A teenager brought a claim for compensation after he suffered brain damage following a fall off a teen shelter on a play area. The claimant had accessed the top of the shelter by climbing the adjacent fence and stepping over onto the…

Cricket Australia CEO defends policy despite claims it is discriminatory

19/12/16

Cricket Australia has come under scrutiny of late, amid calls that its policy of requiring female playing staff, under their contracts, to notify them if they become pregnant. The issue has caused significant tension between the Australian Cricketers Association (ACA) and Cricket Australia. However…

Rocking flag claim dismissed

12/12/16

Crook v Wigan Council 30th November 2016 - Wigan County Court The Claimant alleged that she tripped over the edge of a broken, raised and wobbly paving flag whilst walking along a busy footpath and sustained an injury. At trial the Claimant was unable to exactly identify what had caused…

Cost Budgeting does not Replace Detailed Assessment

12/12/16

Merrix v Heart of England NHS Foundation Trust (2016) QBD (Birmingham) (District Judge Lumb) 13/10/2016 The court was asked to determine the extent to which the costs budgeting regime fettered a costs judge's powers and discretion at a detailed assessment. The claimant receiving party…

Refuse Collector's Claim Dismissed by Court

12/12/16

Dale Dearden v Warrington Borough Council Liverpool County Court - Recorder McLoughlin An agency worker was injured and sustained serious injuries whilst working as a refuse operator for the Local Authority. The incident took place during the claimant's second spell of employment with the…

Court of Appeal Rules Fixed Costs DO NOT Apply to Multi Track Cases

12/12/16

The Court of Appeal has confirmed that cases that start in the personal injury protocol and are subsequently allocated to the multi-track are not subject to fixed recoverable costs. In the matter of Qadar v Esure Services Ltd & Khan v McGee [2016] EWCA Civ 1109 the two RTA claims had both…

Jackson to Review Fixed Recoverable Costs

12/12/16

Lord Justice Jackson has been commissioned to undertake a review of fixed recoverable costs. The review will consider the types and areas of litigation in which such costs should be extended, and the value of claims to which such a regime should apply. Jackson has commented " Although the…

Are employers liable for Post-Christmas party antics?

12/12/16

Bellman v Northampton Recruitment [2016] EWHC 3104 (QB) In this recent case, the High Court considered whether an employer was vicariously liable for an assault by a member of staff following a Christmas party. In 2010 the claimant attended a Christmas party organised by his employer at a…

Questions we have been asked this month

09/12/16

Q. I am holding a Christmas fair at my café during the festive season in which alcohol will be served - can I do this? A. If your premises is unlicensed then you will need to apply to your local Council for a Temporary Event Notice ("TEN"). The event capacity must be less than…

How to maximise your return on unpaid invoices

06/12/16

According to Zurich's latest SME Risk Index, over half of Britain's SMEs have problems with late payment, with £225bn in unpaid invoices . These figures highlight the common problem of late payment. Unpaid invoices can have severe consequences for your business. Our approach…

Autumn Statement - the Reaction

05/12/16

It has been a little over a week since Phillip Hammond MP's first statement as Chancellor. Now the dust has settled, we are assessing some of the highlights relating to the UK housing sector and the reaction from those in the know. The first thing many in the sector noticed was the big numbers…

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November

Segregation of pupils in a faith school not discriminatory

29/11/16

In the case of R (On the application of The Interim Executive Board of X School) v Her Majesty's Chief Inspector of Education, Children's Services and Skills , The Interim Board of X School mounted a successful claim for judicial review of an Ofsted report, which had concluded that the School…

Questions we have been asked this month

29/11/16

Q: Is it necessary to inform a member of staff if they are subject to an investigation into safeguarding allegations? A: According to DfE guidance, it is necessary to inform the member of staff. In any event, in order to conduct a thorough investigation into the matter, the member of staff…

Forbes launches innovative debt collection service

29/11/16

An innovative new debt collection service which uses cutting edge technology to maximise clients' chances of recovering their money has been launched by Forbes Solicitors. Forbes Collect utilises cloud-based technology to deliver a platform for efficient, effective recovery. Tom Smith Head…

Capital Gains Tax now raises more revenue than Inheritance Tax

22/11/16

HMRC has recently published figures that show that in 2014/15 £6.9 billion of Capital Gains Tax (CGT) was paid by 220,000 individuals. This was a 22% increase on the previous year and compares to £3.8 billion Inheritance Tax paid during the 2014/15 tax year. CGT collection levels are…

PI Reforms Back on the Table

21/11/16

Following our article reporting rumours that the government had decided to shelve the PI reforms announced by George Osbourne in his Autumn Statement in 2015, a full consultation headed " Reforming the soft tissue injury ('whiplash') claims process: a consultation on arrangements concerning…

Nothing left in the tank? Funding Gap Bites

16/11/16

It will come as no surprise to most that funding shortages in Schools across the UK have been a cause for concern for a number of years with consistent headlines shouting of cuts, redundancies, deficits and strikes. But now, with the Government revealing that almost 1,000 local authority schools and…

Acorn Proves Tough Nut to Crack

16/11/16

After being leapfrogged to the Court of Appeal, the Judgment in the matter of Bird v Acorn Group Ltd [2016] EWCA Civ 1096 has been handed down. The Court was asked to determine what stage of fixed costs are applicable to personal injury cases when a matter has been listed for a disposal hearing and…

Chambers 2017 recognises Forbes' Social Housing Team with top rankings

15/11/16

Forbes Solicitors' is celebrating after its Housing & Regeneration Team and four of its lawyers were highly ranked in the prestigious Chambers 2017 Guide. Forbes was ranked as Band 1 for Social Housing, with Lucy Worrall and Sarah Mansfield also achieving Band 1 status, Stuart Penswick Band…

Forbes Collect Recoveries - October 2016

08/11/16

The Forbes Collect team recovered over £46,000.00 in October on behalf of their clients. One of their greatest successes in October was the recovery of just short of £9500.00 for a marketing agency based in London. This particular case resulted in a full recovery for the client plus…

Commencing Proceedings and Limitation

08/11/16

The recent decision in Smith v Denbighshire CC serves as a timely reminder of the strict approach of the Court to the rules surrounding service of proceedings and limitation. The Facts In this matter, the claimant allegedly suffered personal injury in 2012 whilst undertaking voluntary work…

PI reforms put on the back burner

08/11/16

The Government have announced that the plans set out by George Osbourne in last year's autumn statement to increase the limit for the small claims track and to abolish damages for low value soft tissue injuries are to be put on hold. According to the Gazette, Justice Secretary Liz Truss is…

Can a breach of fiduciary duty affect your profit share?

08/11/16

In Hosking v Marathon Asset Management LLP [2016] EWGC 2418 (Ch), a landmark decision, the High Court has ruled that in the aftermath of a breach of fiduciary duties the principle of forfeiture of profits can apply to Limited Liability Partnerships in some instances. Whilst this is readily accepted…

#LeonasStory - Forbes Solicitors Brain Injury Awareness Campaign

08/11/16

Forbes Solicitors have launched a campaign to raise awareness surrounding the issue of brain injuries caused by medical negligence. According to Headway findings , acquired brain injury hospital admissions have increased by 10% since 2005-6 and in 2013-14, a staggering 162,554 people were admitted to…

Three Newly Qualified Solicitors for Forbes

07/11/16

Three members of staff at leading North West legal firm Forbes Solicitors are celebrating after qualifying as Solicitors. Lorraine Wilson, Callum Halley and Mohassan Mehmood are now beginning the next stage of their careers with the firm. Lorraine, based in the Preston office, specialises in…

Asset Protection Trusts

04/11/16

Asset Protection Trusts can be a useful and effective way to safeguard the family assets and look to preserve them for future generations. There has been much media coverage in recent years of this type of trust with articles running in a number of national newspapers and as a result solicitors are…

Secondary Annuity Market plans scrapped

03/11/16

The government has confirmed that it has scrapped its plans to create a secondary annuity market. The reason behind this is that they did not believe that sufficient consumer protection could be built into this market development. The government had consulted with the industry and regulators…

Victorious Uber Drivers

02/11/16

On Friday 28 th October 2016, a London employment tribunal has made what some believe to be a "monumental victory" ruling in relation to Uber taxi drivers and their status as a "worker" under the Employment Rights Act 1996. This decision means that they will be entitled to certain…

Permissions Suspended - Briefing on Cardiff County Council v Lee

02/11/16

Housing landlords throughout England and Wales have been reacting to the recent Court of Appeal decision in Cardiff County Council v Lee [2016] EWCA Civ 1034 which has held that the Court's permission is required to issue a warrant for possession on a Suspended Possession Order. As the dust begins…

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October

Questions we have been asked this month

26/10/16

Q: What is best practice for dealing with staff complaints about the behaviour management of a problem pupil? A: Problem pupils who display confrontational behaviour towards staff should ideally be taken out of the classroom to minimise disruption for both pupils and staff alike. Ideally a…

Constructive Criticism or Constructive Dismissal?

26/10/16

Can the criticism of a teacher give them grounds to resign and claim constructive unfair dismissal? In the case of Bethnal Green and Shoreditch Education Trust v Dippenaar , the EAT concluded that a teacher had been subjected to an unjustified capability process with a view to securing her resignation…

The Icing on the Cake

25/10/16

The Northern Ireland Court of Appeal has finally handed down its decision on the "Gay Cake" case. This case, more formally known as Lee v Ashers Baking Company, has clarified the position of whether one person's religious beliefs outweighs another's sexual orientation. The family…

Forbes' team tackles military obstacle course to help little Evie

24/10/16

Eighteen gallant volunteers sponsored by Forbes Solicitors completed one of the toughest obstacle courses around to raise money for a little girl with an as-yet incurable brain condition. Evie was one when, in January 2014, she had a seizure and stopped breathing in the middle of the night at home…

Forbes celebrates The Lex 100 success by announcing four new trainees

17/10/16

Leading North West legal firm Forbes Solicitors has celebrated success in six categories of The Lex 100's annual trainee survey by announcing that it has begun training four new solicitors. The Lex 100 is the most comprehensive assessment of law firm training contracts in the UK and this year…

Claimant Interfered with Trip Edge before Taking Photographs of Defect

06/10/16

Terry v Rochdale MBC Oldham County Court The claimant alleged that she tripped and fell on the raised edge of a paving stone. At trial, the case focused on the nature of the defect and whether it was dangerous. Whilst it was accepted that the claimant had fallen, a dispute remained…

Claim Stumped at Trial

06/10/16

Lloyd-Jones v Tameside MBC Tameside County Court - DJ Osborne The claimant attended a play area owned by the local authority with her grandchildren. Whilst taking photographs of her family, she stepped backwards and tripped over a low post which formed part of the playground and sustained…

School Wins Hockey Mouth Guard Claim

06/10/16

Megan Murray v Mark Mccullough, as Nominee on Behalf of the Trustees and on Behalf of the Board of Governors of Rainey Endowed School [2016] NIQB 52 The claimant was 15 when she was struck with a hockey stick whilst playing in a match for her school. She was not wearing a mouth guard and she…

Occupiers Must Clearly Warn Visitors of Dangers which are Not Obvious

06/10/16

English Heritage v Taylor (2016) EWCA Civ 448 The claimant had been visiting Carisbrooke Castle on the Isle of Wight when he fell and suffered a serious head injury. The claimant lost his footing, fell across a steep grassy slope, over a wall and down a sheer drop into a moat. The claimant…

Under Pressure of Proportionality

06/10/16

Since the new 'proportionality test' was introduced on 1 April 2013, we have been left wondering how it will work in practice. There is no guidance as to how the principle should operate in practice. Cases on this issue are now beginning to emerge, but is the position any clearer? What…

Local Authority Found Negligent Over Death of a Vulnerable Man

06/10/16

London v Southampton City Council (2016) QBD (May J) 20 May 2016 A widow brought a claim against Southampton City Council after the death of her husband. Mr London suffered from Parkinson's disease, heart problems and dementia. He was waiting to board a minibus at a day care centre run by the…

Alternative Dispute Resolution

06/10/16

Lord Justice Jackson delivered a speech last week " Civil Justice Reform and Alternative Dispute Resolution " which set out to explore the relationship between civil justice reform and Alternative Dispute Resolution. Jackson has been a prominent supporter of ADR and the role it has to play in…

No Liability for Cellar Door

06/10/16

Sheerin v Rochdale MBC Oldham County Court - HHJ Fox The claimant alleged that having visited a local takeaway in the early hours of the morning she was walking along the pavement when she tripped and fell over the edge of a cellar opening cover. The Judge accepted that whilst the…

In Deep Water

06/10/16

Tulpin v Scarborough BC Scarborough County Court - DJ Neaves The claimant attended a park with her grandchildren and decided to go on a pedalo ride on the boating lake. As the claimant was disembarking from the pedalo, she fell forwards on to the boat deck and sustained an injury. The…

Transforming Our Justice System

06/10/16

The Lord Chancellor, Lord Chief Justice, and the Senior President of Tribunals have issued a joint statement on their shared vision for the future. The statement titled "Transforming Our Justice System" sets out its vision of a " courts and tribunal system that is just, and proportionate…

Shared ownership the only route to home ownership?

06/10/16

For years, shared ownership (in various guises), along with right to buy and acquire, have been the main routes to homeownership for clients of registered providers. But RPs are increasingly looking for different variations on the theme, especially in light of the current property market and HCA's…

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September

BREAKING NEWS - SOAHP heads of terms now published

22/09/16

On 16 September 2016 the HCA published the heads of terms of the contract to be used under the Shared Ownership and Affordable Homes Programme 2016 - 2021. Please click here to view the Shared Ownership and Affordable Homes Programme Draft Heads of Terms It should be noted that the heads of terms…

There Are More Ways than One to Skin a Cat

22/09/16

Zaman v Newcastle City Council A finding of fundamental dishonesty is not the only way to have QOCS dis-applied. In this matter, the defendant successfully secured a costs order in its favour and the strike out of the claim after the Court concluded that the claimant's conduct interfered with…

Questions we have been asked this month

21/09/16

Q: Am I obliged to give an employee time off to look after a sick child, and does this time off have to be paid? A: All employees have the right to reasonable time off during working hours for dependants to deal with unforeseen matters, therefore an employer is unable to refuse leave for this…

Guilty by Association - considerations when dismissing an employee

21/09/16

Unfortunately we are all too familiar with the revelations which frequent our television screens and newspapers which concern employees working with children who have unsettling previous convictions which they have failed to disclose and which have slipped under the radar. Clearly schools and their…

Are you ready for the GDPR?

21/09/16

The General Data Protection Regulation is set to overhaul the data protection regime in the UK. Some questions remain as to how it will be implemented due to Brexit since this is a measure introduced at European level. However, taking into consideration the changes that it brings it is likely to be…

Procurement in Education

21/09/16

An important aspect of managing any organisation is making effective use of resources. Procuring for the right price as well as complying with procurement law is crucial and school staff accountable for budgets and buying have a key role to play. Schools may have access to a range of frameworks…

Forbes Solicitors celebrates 31 Legal 500 Recommendations

21/09/16

Forbes Solicitors is celebrating after receiving 31 recommendations for its lawyers and services in the 2016 Legal 500 rankings. The leading North West legal firm is also delighted to reveal that Lucy Worrall, Partner and Head of Housing and Regeneration, based in Preston, has been included in the…

Forbes Housing & Regeneration Team make impressive gains in Legal 500

19/09/16

On Thursday 15 September, after much anticipation (in the offices of solicitors, if nowhere else), the Legal 500 announced their UK rankings for 2016. The Legal 500 twitter account was quick to warn their followers of incoming "Humble Brags" from law firms who had improved their rankings…

The duty of candour and how it can help you

16/09/16

The duty of candour regulations came in to force 14th November 2014 for NHS bodies and in April 2015 for all other organisations. It is a statutory duty to be open and honest with patients, or the families, when something goes wrong or could lead to significant harm in the future. What this means…

Pay to Stay - A bureaucratic nightmare?

06/09/16

Since the idea of pay to stay was introduced by the Housing and Planning Act 2016 there has discussion as to how it would work. With the The Department for Communities and Local Government (DCLG) stating that Housing Authorities have no right to HMRC data there seems to be a problem of making pay to…

One million homes by 2020? are we getting closer?

06/09/16

One million homes by 2020… are we getting closer? The latest house building data (published 25.08.16) shows that 139,030 new homes were completed in the last year (June2015 - 2016) and have continued to build gradually over the last 2 years. However, 'Shelter' commissioned a…

Women in Housing Awards - Official Shortlist 2016

06/09/16

The Women in Housing Awards, which take place at the Hilton in Manchester, aim to celebrate women's achievements in the Housing sector over the last year as well as more generally 'promote the innovative contribution of women' and 'encourage women to work and flourish in the housing…

Forbes Solicitors advises Vibe Tickets on £600,000 Crowdfunding bid

05/09/16

Forbes Solicitors is advising a Lancashire-based business praised by Sir Richard Branson with a crowdfunding pitch aimed at securing £600,000 of investment. Ticket exchange platform Vibe Tickets is attempting to attract the funding through Crowdcube and has already raised more than £300…

Can-did Camera

01/09/16

C v Trafford MBC Manchester County Court A Heineken beer can lurking inconspicuously in a photograph of an accident locus led to the demise of this claim for personal injury. The claimant alleged that in January 2012, the front wheel of his bike went into a pothole in the road…

Claim Fails to Make the Cut

01/09/16

Dickman v West Malling Golf Club [Kent] Limited Maidstone CC - July 2016 District Judge Sullivan The claimant suffered an injury whilst playing at a Golf Club he had been a member of for over 15 years. At the 16 th hole he had driven his ball towards the 17 th tee. The 17 th tee was…

Annual workplace fatality statistics published

01/09/16

Provisional annual data for work-related fatal accidents in the workplace has been released this month. The long term trend has seen the rate of fatalities more than halve over the last 20 years. However, provisional figures indicate that 144 people were killed while at work in 2015/2016 - up from…

The Importance of Pre-Action Disclosure

01/09/16

Nicole Chapman v Tameside Hospital NHS Foundation Trust (2016)CC (Bolton) (District Judge Swindley) 15/6/2016 The defendant received a letter of claim for personal injury following an accident in the defendant's A&E department. The defendant denied liability and wrote to the claimant…

Workplace Pregnancy Discrimination

01/09/16

The Women and Equalities Committee has published a report espousing legal recommendations to address the documented surge in workplace pregnancy discrimination over the past 10 years. The proposals include:- · Increased protection from redundancy for new and expectant…

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August

Forbes appointed to provide Legal service to Lancashire's Rosebud Finance

24/08/16

Forbes Solicitors has been appointed to provide Legal services to Lancashire County Council's Rosebud Finance scheme, after being selected following a four-way tender process. Rosebud Finance is run by Lancashire County Developments Ltd (LCDL), the county council's economic development…

Motherhood causes significant pay disparity between men and women

23/08/16

Across today's headlines is the news that recent Institute for Fiscal Studies (IFS) research shows the difference in pay between men and women in the same job is on average, a staggering 18%, and the earnings gap widens significantly after women have children. The issue revealed by the research…

Half of women feel sexually harassed in the workplace

12/08/16

A recent study has revealed that 52% of women surveyed have suffered some form of sexual harassment whilst at work. The Trades Union Congress and Everyday Sexism Project conducted the surveys which found that more than half of the women asked had experienced unwanted sexual behaviour at work, including…

Forbes launches new Employment & HR solution

09/08/16

A new Employment Law & HR solution has been launched by Forbes Solicitors to help businesses get the most out of their people, and to protect them against claims should the worst happen. HR Complete is a complete HR solution; providing a bespoke service of Employment & HR support, together…

Bank of England Cuts Interest Rates

05/08/16

The Bank of England Monetary Policy Committee has cut the base rate to 0.25%. But what does this mean for savers and investors? Interest rates on deposit-based accounts have been falling for some time. There has been a steady increase over the past two weeks in the number of providers offering…

FOIA request - is information held?

03/08/16

The Freedom of Information Act 2000 (FOIA) entitles anyone to make a request to a public authority for information. Providing the request is in writing, the requester is not required to specify why he or she wants the information and the public authority is required to assess it and respond accordingly…

Claim Stumped at Trial

03/08/16

Lloyd-Jones v Tameside MBC Tameside County Court - DJ Osborne June 2016 The Claimant attended a play area owned by the local authority with her grandchildren. Whilst taking photographs of her family, she stepped backwards and tripped over a low post which formed part of the playground and…

Bogus Invoice Rumbled at Trial

03/08/16

Wigan County Court - District Judge Gordon 25 May 2016 At a small claims hearing, the claimant's claim for vehicle damage following an alleged collision with a pothole was dismissed in full. The Judge found that whilst the defect was actionable and dangerous at the time of the claimant'…

School Wins Hockey Mouthguard Claim

03/08/16

Megan Murray v Mark Mccullough as Nominee on Behalf of the Trustees and on Behalf of the Board of Governors of Rainey Endowed School [2016] NIQB 52 The claimant was 15 when she was struck with a hockey stick whilst playing in a match for her school. She was not wearing a mouth guard and she…

Under Pressure of Proportionality

03/08/16

Since the new 'proportionality test' was introduced on 1 April 2013, we have been left wondering how it will work in practice. There is no guidance as to how the principle should operate in practice. Cases on this issue are now beginning to emerge, but is the position any clearer? What…

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July

CJEU rules on excluding bidders in relation to technical capacity

28/07/16

The Court of Justice of the European Union (CJEU) rules against contracting authority which tried to make it one step too hard for contractor to qualify in proving their technical capacity and meeting minimum requirements. In the case of Ambisig v AICIP , a Portuguese administrative court referred…

Further Civil Court Fee Increases from 25 July 2016

26/07/16

On Monday 25 July 2016, the Civil Proceedings, First-tier Tribunal, Upper Tribunal and Employment Tribunals Fees (Amendment) Order 2016 came into force and introduced further civil court fee increases. The important ones for us to note are as follows: · The fee for issuing a claim in…

Forbes Solicitors appoints Matthew Jones to Commercial Team

25/07/16

Commercial Property Lawyer Matthew Jones has joined Forbes Solicitor as an Associate as the firm continues to grow its Commercial Team. Matthew, who is based in Blackburn, has developed long-term relationships with many sole trader and SME clients and helped them on projects ranging from the lease…

Brexitability

20/07/16

Exit routes, exit routes, exit routes… In our day to day work in the office dealing with development work for housing associations and whenever we speak at seminars and conferences on development, we always find the same 2 words are on our lips - exit route. Those words will be even more…

"Mayday" for the homeownership consensus?

20/07/16

Following the raft of recent ministerial manoeuvres, we consider what the post referendum regime might have in store for the housing sector. In particular, we ask whether the government's unyielding focus on home ownership is likely to continue unabated, or whether the new political players'…

'We Work' - increasing social value sector-wide

20/07/16

Brexit seemed to pervade the entire CIH conference 2016. However, a glimmer of light came from PlaceShapers' launch and premiere of the 'We Work' film and storybook on 29 June 2016. This focuses on 15 powerful and inspiring stories showing how lives have been transformed by the hard work of…

Edwards (Respondent) v Kumarasamy (Appellant) 2016 UKSC 40

19/07/16

Supreme Court Allows Landlord's Appeal in Edwards v Kumarasamy but doesn't decide all issues! Edwards (Respondent) v Kumarasamy (Appellant) [2016] UKSC 40 The Supreme Court has handed down its long awaited judgment unanimously allowing Mr Kumarasamy's appeal. The Court found…

CIH Bulletin

07/07/16

As the dust settled after the Brexit vote, the CIH Conference 2016 started again for another year in a rather damp Manchester. The Forbes Housing team attended the key seminars, addresses and think-tanks to bring you live updates as it happened from our @forbeshousing twitter account and we have…

Claimant Fails to Back Up His Claim

05/07/16

Richards -v- Co-operative Group Ltd Birmingham CC 17 May 2016 The Claimant alleged that he sustained an injury to his back during the course of his employment when he slipped whilst climbing over wet pallets in the back of an HGV. The Claimant did not report the accident until some…

Ice Skating - It's a Risky Business

05/07/16

Doyle v Brand Ice Ltd t/a The Icebox Liverpool CC - HHJ Gregory 12th May 2016 The claimant was injured whilst skating on a temporary ice rink at Liverpool One. The claimant was not an experienced skater, she fell and hurt herself sustaining a nasty facial injury. The claimant alleged…

The Government Accepts the Recommendations of the Insurance Fraud Taskforce

05/07/16

The Government has published a written response to the recommendations of the Insurance Fraud Taskforce. Lord Faulks (The Minister of State for Civil Justice) confirmed that the government accepts all of the 26 recommendations to tackle fraudulent activity put forward by the Insurance Fraud…

Local Authority Found Negligent Over Death of a Vulnerable Man

05/07/16

London v Southampton City Council (2016) QBD (May J) 20/05/2016 A widow brought a claim against Southampton City Council after the death of her husband. Mr London suffered from Parkinson's disease, heart problems and dementia. He was waiting to board a minibus at a day care centre run by the…

Court Refuses to Allow Withdrawal of Pre-action Admission

05/07/16

Wood v Days Health UK Ltd and others [2016] EWHC 1079 (QB) (9 May 2016) A defendant has been refused permission to withdraw a pre-action admission of liability in a personal injury claim concerning an alleged faulty wheelchair. The first defendant admitted liability, but subsequently sought to…

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June

Forbes Solicitors launches new Private Landlord Team

30/06/16

Forbes Solicitors has set up a new Private Landlord Team in response to an increased demand for advice and assistance with a variety of tenancy management issues. The team operates from within Forbes' Housing and Regeneration department in Preston and can offer expert guidance with issues such…

Forbes wins Best Legal Firm In Lancashire award

30/06/16

Forbes Solicitors is celebrating after winning the award for Best Legal Firm at the Downtown In Business Lancashire Business Awards for the third time. The 2016 awards, which took place at the Dunkenhalgh Hotel, Clayton-le-Moors, saw more than 200 business leaders celebrate with some of the county…

Soho Successfully Resist Possession Claim Appeal

30/06/16

Soho Housing Association Limited ("Soho") have successfully resisted an appeal following an order for possession being made against a failed successor. Soho commenced possession proceedings to reclaim possession of a 2 bedroomed flat located in Central London. They took possession action…

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

24/06/16

Employment and HR queries we have received this month: Q: Can I insist that employees undertake training? If they refuse, what are our options? Generally speaking attending training sessions are a requirement in any professional job to ensure continued professional development. Certainly…

Contracting out - Are you covered?

24/06/16

All schools have a risk management policy, do regular risk assessments and have the safety of the pupils as their highest priority but does your risk management process cover all eventualities? In a case which has been rumbling along for several years Essex County Council as Local Education…

Advertising available positions internally only

24/06/16

Can we advertise available positions internally only? There is no specific legal obligation to advertise positions either internally or externally or in any particular way at all: it is an organisational decision to make. However, there are a few potential risks to be aware of in choosing how…

The case of Calliope Tardios

24/06/16

Most schools will be aware of the challenges that social media plays in the bullying of pupils. But what of teachers? Take the case of Calliope Tardios, who is head teacher of St John's Preparatory School. She was subject to a social media campaign by a disgruntled parent, Pamella Linton, who made…

Romance vs Practicality

21/06/16

We all like reading about celebrity divorces, not least because of the large amount of noughts after the value of their assets. We like to read about their properties, multi-million pound apartments in London, Los Angeles, New York, not to mention the costs of running their households with nannies,…

Forbes Solicitors appoints Jennifer Hankinson to Housing and Regeneration Team

21/06/16

Forbes Solicitors has boosted its specialist Housing and Regeneration Team with the appointment of Senior Solicitor Jennifer Hankinson from the Progress Housing Group. Jennifer specialises in housing and regeneration property law and has worked as an in-house lawyer for the registered provider for…

Important Changes to Annual Returns from 30th June 2016

17/06/16

The 6 th April 2016 saw the introduction of the Persons with Significant Control ('PSC') Register, under the Small Business, Enterprise and Employment Act 2015 ('the Act') and from the 30 th June 2016, all companies will be required to file the information contained in their PSC…

Daniel King become Forbes' Managing Partner

07/06/16

Forbes, the largest legal practice in the North West outside the major cities, has appointed Daniel King as its new Managing Partner. Daniel takes over from Winston Hood, who is retiring after a career which has seen him at the forefront of legal work in the region since 1978. Daniel is the…

Debt Collect Recoveries - May 2016

07/06/16

Forbes' Debt Recovery team recovered over £50,000 for clients in May 2016. One of the team's biggest successes last month was managing to recover almost £25,000.000 for a Software Company based in Leyland. A few of their other successes, in May, include recovering almost &…

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May

Claimant Interfered with Trip Edge before Taking Photographs of Defect

31/05/16

Terry v Rochdale MBC Oldham County Court - District Judge Fox 9 May 2015 The Claimant alleged that she tripped and fell on the raised edge of a paving stone. At trial, the case focused on the nature of the defect and whether it was dangerous. Whilst it was accepted that the claimant…

Zombie Bootcamp: Zombies 1 - Claimant 0

31/05/16

Evans v Ram Training Ltd Truro County Court - 28th April 2016 District Judge Middleton The claimant was participating in a "Zombie Boot Camp" event operated by the defendant. The claimant alleged that as he ran through a doorway he slipped on an oily substance on the floor…

Occupiers Must Clearly Warn Visitors of Dangers which are Not Obvious

31/05/16

English Heritage v Taylor (2016) EWCA Civ 448 The claimant had been visiting Carisbrooke Castle on the Isle of Wight when he fell and suffered a serious head injury. The claimant lost his footing, fell across a steep grassy slope, over a wall and down a sheer drop into a moat. The claimant brought…

Personal Injury Claim Struck Out in First Fundamental Dishonesty Trial

31/05/16

In the case of Hughes, Kindon and Jones v KGM, at Taunton County Court an insurer has secured what is thought to be the first finding of fundamental dishonesty under section 57 of Criminal Justice and Courts Act 2015 (CJCA). In this matter, all three claimants alleged they had suffered significant…

Court Overturns Earlier Decision and Finds that a CFA Can Be Assigned

31/05/16

An appeal at Liverpool County Court has overturned a decision that a conditional fee agreement had not been validly assigned. In Jones v Spire Healthcare (Appeal No 96/2015), Judge Graham Wood QC held that an insolvent firm of solicitors can validly assign its entitlement and responsibility under a CFA…

Article 8 Right to Privacy

27/05/16

Article 8, the Right to Privacy, is not engaged by an employer investigating emails How far can an employer go in investigating an employee's conduct where that conduct has had an impact on the workplace and / or their ability to do their job without encroaching upon an individual's right…

ADHD not a disability for the purposes of the Equality Act 2010

27/05/16

On the facts of a recent case heard by the Scottish Court of Session (Inner House) a student's Attention Deficit Hyperactivity Disorder (ADHD) did not qualify as a disability for the purposes of the Equality Act 2010 which might otherwise have meant that her exclusion/withdrawal from school was…

WEC Group choses Forbes to act over SMP deal

23/05/16

WEC Group, one of the UK's leading engineering and fabrication companies, instructed the Corporate and Restructuring team at Forbes Solicitors to act for it in the deal to acquire a 50% stake in Submarine Manufacturing & Products Ltd (SMP). Established as a world leader in the design,…

Forbes act on behalf of WEC Group on the acquisition of HTA

23/05/16

Forbes Solicitors' Corporate and Restructuring team has acted on behalf of WEC Group, one of the UK's largest engineering and fabrication companies, in a multi-million pound deal to acquire Coventry-based HTA Group. The partnership deal sees the Lancashire-headquartered WEC Group further…

Forbes helps Coolkit move to larger HQ

23/05/16

Lancashire-based refrigerated vehicle specialist CoolKit Ltd has moved into new 45,000 sq ft premises after instructing Forbes Solicitors to act over the purchase. The new location, within a secure 2.5 acre site in Burnley, is part of Coolkit's strategic plan to achieve more than £15…

Forbes acts for Paul Heathcote over restaurants sale

11/05/16

Forbes' Corporate & Restructuring team has acted for celebrated chef Paul Heathcote over the sale of his two Preston city centre restaurants. The Olive Press and Heathcote's Brasserie in Winckley Square have been purchased by Manchester burger and steak chain Solita. Forbes, the…

Forbes announces eight promotions

11/05/16

Forbes Solicitors has announced the appointment of five new Partners and three new Associates as part of its continued growth. The largest legal practice in the North West outside the major cities has promoted Tom Smith, Richard Clithero, Ruth Rule-Mullen, Gareth Price and Shirley Faragher to…

"Are you brave enough to take the plunge?"

09/05/16

Fraser v Brian Moore t/a Esk Leisure, Mini Monsterz Middlesbrough County Court - DDJ Davies 21st April 2016 The Claimant sustained an injury whilst using a slide called the "plunge" during a visit to a play centre. It was alleged that the accident was caused by the Defendant'…

"Fundamental Dishonesty" Ruling made on a NIHL Claim

09/05/16

A finding of 'fundamental dishonesty' has been made in the case of James v Diamanttek Ltd. The Claimant, a factory worker, alleged that whilst working as a diamond driller and plant operator between 2003 and 2013 he had not been provided with any hearing protection. At trial, the Insurer…

Forbes continues expansion with opening of Walton Summit office

05/05/16

Forbes, the largest legal practice in the North West outside the major cities, is to continue its expansion with the opening of a new Commercial office in Walton Summit. The premises, at Oak House, Sceptre Way, will be formally opened at a launch event on Wednesday May 18 and will offer a full…

Missing Handrail - Duty does not extend to making safe or improving premises

04/05/16

Sternbaum v Dhesi (2016) EWCA Civ 155, Dodd v Raebarn Estates Ltd (2016) EWHC 262 (QB) (QBD) In two recent cases both concerning claims for injuries (in the case of Dodd fatal injuries) sustained on steep staircases with no handrail, the Court has considered whether the absence of a handrail…

High Court Swallows Up Sinkhole Case

04/05/16

Robina Lafferty v Newark & Sherwood District Council (2016)[2016] EWHC 320 (QB) The tenant had been standing in her garden when a hole suddenly opened up in the ground. She fell into it and sustained minor injuries. She appealed after her claim under s.4 Defective Premises Act (DPA) against the…

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April

Social Housing expert Sarah Mansfield joins Forbes

26/04/16

Social housing expert Sarah Mansfield has joined Forbes to boost the continued expansion of its specialist housing team. Sarah, who is based at the Preston office, at Ribchester House, Lancaster Road, joins from her previous role as partner and head of the housing litigation team at BLM (previously…

Forbes appoint Solicitor to their growing Housing and Regeneration team

12/04/16

Forbes Solicitors continues to expand its specialist Housing and Regeneration team by appointing solicitor James Beck. James has over 4 years' experience in the social housing sector and specialises in carrying out a wide range of property and development work for registered providers of…

Forbes appoint Solicitor to grow the Family Law team

12/04/16

North West based law firm Forbes Solicitors have appointed Solicitor Adrienne Baker to their Family Law Department. Adrienne who lives in Burnley, studied at Blackburn University and received a First LLB (Hons), before completing her LPC at BPP Law School. "I am thrilled to be part of…

Arbitration; a Help or a Hinderance?

06/04/16

The widespread use of Arbitration as a means of resolving disputes has been criticised for inhibiting the development of commercial law, in the words of one of Britain's top Judges, Lord Thomas of Cwmgiedd. In attempting to settle disputes in a pragmatic way without the need for the Courts to…

Small Business, Enterprise and Employment Act 2015 brings significant changes

05/04/16

From the 6th April 2016 the Small Business, Enterprise and Employment Act 2015 brings significant changes that will affect all companies and LLPs. From the 6th April 2016 your PSC Register must never be empty. For a fixed fee we will ensure your compliance from the 6th April, by providing you…

Claimant Fails to Prove Mechanism of the Accident

05/04/16

Davies v ASDA Stores Ltd Pontypridd County Court The Claimant alleged that she was shopping in the bakery section of the store when she bent down to pick up a pie from the bottom shelf; as she stood up and turned to put the item in her trolley, her foot is said to have caught on a piece of…

Duty to Repair is Not to be Equated with a Duty to Make Safe

05/04/16

Megan Louise Dodd v Raebarn Estates Ltd and 5 Others [2016] EWHC 262 (QB) This tragic case arises out of Paul Dodd's death on Christmas Day 2007. He and his wife, both Australians, were on their honeymoon. They were the guests of the sixth defendant, who was then the leasehold owner of a flat…

Man Walks Into A Door!

05/04/16

Smith v Co-operative Group Ltd Warrington County Court - DDJ Holligan The Claimant visited a store owned by the Defendant. He alleged that as he approached the automatic door at the entrance to the store that the door failed to open properly. The Claimant walked into the door just after it had…

High Court confirms there is No Duty to Remove Moss from the Highway

05/04/16

Rollinson v Dudley MBC ([2015] EWHC 3330 (QB) In this appeal, the High Court was asked to determine whether councils are under a duty to keep all roads, pavements and footpaths free from moss and algae. In November 2012, Mr Rollinson, slipped on a patch of moss on the footpath outside his home…

Solicitors Ordered to Pay Wasted Costs After Signing False Statement of Truth

05/04/16

In Brown v Haven Insurance Company Ltd (unreported), 7 January 2016, (Leeds County Court), the court heard an application for wasted costs against solicitors who had signed a statement of truth on a schedule of damages which included an incorrect claim for physiotherapy. The Judge penalised the…

Beware - The Rise of Cavity Wall Insulation Claims

05/04/16

Claimants are now turning their attention to cavity wall insulation claims. We have noticed increased activity in this area with firms offering on 'no win, no fee' funding arrangements. It is thought that over 6 million homes have undergone retro-fit cavity wall insulation. It was marketed…

Forbes recognised as pioneers within the legal industry

05/04/16

For the second time in two years Forbes have been shortlisted for two national awards for their work in the arena of Social Care claims. The team have been nominated by both the Solicitors Journal Awards and the Claims Awards which recognises the brightest stars in the UK Insurance industry. Head…

Debt Collect Recoveries - March 2016

01/04/16

Forbes' Debt Recovery team recovered over £150,000 for clients in March 2016. The team managed to recover over £130,000 for a local wood and timber company after sending just a seven day Letter Before Action to the debtor. A few of their other successes this month include…

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March

An alternative to share transfers

30/03/16

The current process surrounding share transfers can be a drawn out process with delays occurring between the purchaser purchasing the shares and them becoming the legal owner to those shares. This is as a result of requirements relating to the stock transfer form being stamped by HMRCs stamp office,…

Questions we have been asked this month

22/03/16

International DBS Checks Q: What Disclosure and Barring Service checks should be carried out on individuals who have lived or worked outside of the UK for a period of time? A: Disclosure and barring checks provide schools and colleges with one method for assessing job candidates and / or…

Every school to become an academy - what will this mean?

22/03/16

This week the Chancellor has confirmed plans for all schools in England to become academies. Here we look at the potential implications of this and what the change means. An academy is an independent, state-funded school, who receives their funding directly from the central government, rather than…

Changes to Debt Protocol

22/03/16

A draft Pre-Action Protocol for Debt Claims was drawn up in September 2014 by the Civil Procedure Rule Committee (CPRC). However, after criticisms and a recommendation by Lord Justice Jackson in his final report reviewing civil litigation costs, the CPRC have been consulting on a new draft Debt Protocol…

Increase in Court Fees from 21 March 2016

21/03/16

The Civil Proceedings and Family Proceedings Fees (Amendment) Order 2016 comes into force today and imposes an increase in civil court fees. The court fees have now increased as follows:- · In possession claims, the issue fee is now £355; · For possession claims…

Injunction Allowed - Even Against a Non-Employee

18/03/16

Most businesses will hold data. This may be lists of employees or of customers or even more important details such a pricing structures and tender quotes. But is that data adequately protected from third parties? Many of these businesses recognise the need for well drafted employment contracts…

Housing Headlines from Budget 2016

17/03/16

The government's new 'sugar tax' on soft drinks may have stolen the limelight in this years' Budget, but it also contained a number of new housing measures that seek to bolster the commitments to affordable housing made in last years' Autumn Statement - developments that Forbes…

Vicarious Liability - Supreme Court Hands Down Long Awaited Judgments

08/03/16

The Supreme Court has today published its long awaited judgments on two cases: Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11 and Cox v Ministry of Justice [2016] UKSC 10. In the case of Mohamud v WM Morrison Supermarkets plc , the Supreme Court was asked to consider the test for vicarious…

Unbe-leaf-able Claims Fails

02/03/16

Naylor v Asda Barnsley County Court - DDJ Robinson The claimant alleged that whilst shopping she slipped on a single leaf in the foyer area of the store and sustained an injury. The Judge considered whether or not the system adopted by the defendant was adequate and reasonable. The Judge…

No Duty On Highway Authority to Erect Barriers or Warning Signs

02/03/16

O'Hara v Rochdale MBC DJ Osborne - Oldham County Court The Claimant alleged that she had tripped and fallen on the edge of a raised metal cover on a quiet residential street. Prior to the accident, the defect had been noted for repair on a scheduled highway inspection and a repair had been…

Claim Bowled Over

02/03/16

Helen Robinson v Conwy County Borough Council Llandudno - District Judge Jones-Evans The claimant alleged that when attending the defendant's leisure centre she suffered an injury whilst using a fit ball. She specifically alleged that she was provided with a ball that was too large in size…

Easy Cash - Don't Bank On It

02/03/16

Patel v Bolton Council Bolton County Court - DJ Swindley 21 st January 2016 It was alleged that the Claimant had fallen as a result of a defect on the carriageway. The Defendant had conceded breach of duty, but had put the Claimant to proof on the whole of his case. The Judge…

Civil Courts Structure Review - Interim Report Published

02/03/16

Lord Justice Briggs has published an interim report following his initial review into the future structure of the Civil Courts. The report is intended to accompany the HMCTS court reform programme currently being undertaken by the Ministry of Justice. The central assumption of the report is that in…

Part 36 Offers Trump Fixed Costs

02/03/16

After a number of conflicting decisions on this issue, the Court of Appeal has determined whether fixed costs apply if a claimant beats its own Part 36 offer under CPR 45 Section IIIA. In the appeals of Broadhurst v Tan and Taylor v Smith [2016] EWCA Civ 94, the respective RTA claims had fallen out…

Employers Liability - Kennedy v Cordia (Services) LLP

02/03/16

Kennedy v Cordia (Services) LLP (Scotland) [2016] UKSC 6 Mrs Kennedy was employed as a home carer. Her work involved visiting clients in their homes and providing personal care. In December 2010, at around 8pm, she was required to visit an elderly lady. There had been severe wintry conditions in…

Claimant loses horsebox injury claim

01/03/16

Brian James Lear v (1) Hickstead Ltd (2) WH Security Ltd (2016) [2016] EWHC 528 (QB) QBD (Picken J) 14/03/2016 The Claimant had attended the All England Jumping Course, Hickstead to watch the Longines Royal International Horse Show. After the show, he returned to his horsebox and as he lowered the…

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February

Debt Collect Recoveries - February 2016

29/02/16

Forbes' Debt Recovery team recovered over £50,000 for clients in February 2016. The team chased several invoices amounting to £6000 for a local clothing company and managed to recover over £7000 for them (including interest costs and late payment compensation). A few of…

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

25/02/16

Employment and HR queries we have received from schools this month: Q: Is it possible to place an employee on formal absence review for sickness absence whilst still signed off? A: Should a situation arise where an employee is absent due to long term sickness, it would be best practice to send…

Photographing Children at School and Nurseries

23/02/16

There has been recent media coverage regarding an employee at a nursery taking a photograph of a child on their first day of nursery playing with their friends to send the photo to the child's parent in order to reassure the parent that their child is settling in. It has been reported that Ofsted…

Naming and shaming illegal parkers outside the school gates

23/02/16

It is a common occurrence to find numerous parents illegally parking outside the school gates, be that; parking on double yellows, parking on the yellow zig zag keep clear signs, or directly in front of school gates in order to save time when dropping their children off. Illegal parking is…

Data Breaches in the Education Sector

23/02/16

Data Breaches in the Education Sector The unusual occurrence of data breaches are a thing of the past. 2014 was dubbed "the year of the data breach' (report by Experian) and it seems more and more we are seeing a range of organisations including educational institutions affected by data…

Corporate Restructures and Alphabet Shareholdings

17/02/16

Many Companies ordinarily have one class of share in issue however for SMEs the use of alphabet share structures can be both useful and efficient in a number of ways. Alphabet shares are shares of different classes, which are often named as 'A' Shares, 'B' Shares and so on. Each…

School and Early Years Finance (England) Regulations 2015

17/02/16

On 7 January 2016 the School and Early Years Finance (England) Regulations 2015 came into force. The regulations which are made under Part 2 of the School Standards and Framework Act 1998 were the subject of an earlier consultation that took place from 11 September 2015 to 13 November 2015. The…

Consultation closure for DfE Keeping children safe in education guidance

17/02/16

The Department for Education (DfE) consultation on its plans to change parts one and two of its Keeping children safe in education guidance closes on 16 February 2016. Within the consultation the DfE have proposed draft guidance for input from school and college staff, governing bodies,…

Compelling reasons why your Company should have a Shareholders Agreement

17/02/16

Any Company with more than one Shareholder would be best advised to have a Shareholders Agreement in place in order to regulate the way business between the Shareholders is conducted. The requirement to have such an agreement in place is often overlooked due to the costs and time implications of…

Gender Pay Gap Reporting

16/02/16

In a long awaited move, the government has now published the draft Equality Act (Gender Pay Gap Information) Regulations 2016. The regulations are intended to come into force in October 2016, although employers will not be expected to publish the information immediately. The draft regulations set…

Debt Collect Recoveries - January 2016

10/02/16

Forbes' Debt Recovery team recovered over £30,000 for clients in January 2016. A few of their success include the team recovering over £4000 for a local Graphic Design company, over £4000 for a Spider lift hire company based in Burnley and almost £2000 for a local…

What will you have to pay? Stamp Duty Increase on Additional Properties

02/02/16

In a move to help ease the housing shortage, George Osborne's recent Spending Review and Autumn statement has revealed that the rate of stamp duty for anyone buying additional properties, including second homes or buy-to-let properties, is to be increased from April 2016. The amount of SDLT…

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January

Court of Appeal finds Bedroom Tax Unlawful

29/01/16

This week, the Court of Appeal has held that the so called 'bedroom tax' is discriminatory and unlawful due to the impact on households with disabled children or victims of domestic violence in the combined appeal of R (Rutherford) v Secretary of State for Work And Pensions and R (A) v Secretary…

Unbe-leaf-able Claims Fails

28/01/16

Naylor v Asda Barnsley County Court - DDJ Robinson The claimant alleged that whilst shopping she slipped on a single leaf in the foyer area of the store and sustained an injury. The Judge considered whether or not the system adopted by the defendant was adequate and reasonable. The Judge…

No Duty On Highway Authority to Erect Barriers or Warning Signs

28/01/16

O'Hara v Rochdale MBC DJ Osborne - Oldham County Court The Claimant alleged that she had tripped and fallen on the edge of a raised metal cover on a quiet residential street. Prior to the accident, the defect had been noted for repair on a scheduled highway inspection and a repair had been…

Fatal Accident Inquiry: Glasgow bin lorry crash

28/01/16

The inquiry into the death of six people who died when a bin lorry mounted a pavement in Glasgow city centre and collided with a number of pedestrians after the driver fainted at the wheel, has found that there were reasonable precautions which could have been taken whereby the accident might have been…

Civil Courts Structure Review - Interim Report Published

28/01/16

Lord Justice Briggs has published an interim report following his initial review into the future structure of the Civil Courts. The report is intended to accompany the HMCTS court reform programme currently being undertaken by the Ministry of Justice. The central assumption of the report is that in…

Forbes fixed on helping your financial certainty

25/01/16

The Commercial Team at Forbes Solicitors understand that businesses like to know exactly how much things will cost before proceeding. To help our clients to budget we offer an array of fixed fee options which are designed to remove the cost related uncertainty that can come with instructing a solicitor…

Insurance Fraud Taskforce - The Final Report

21/01/16

The Insurance Fraud Taskforce has published its much anticipated final report. The extensive report represents the culmination of the Taskforce's year-long review into insurance fraud. The report contains a number of targeted recommendations aimed at tackling fraud. The most notable recommendations…

Housing Associations are seeking legal advice about their minimum repairing obligations in order to cut back on repairs and maintenance services whilst adhering to their statutory obligations

20/01/16

In a bid to cut the housing benefit bill, George Osborne announced in the 2015 budget that there will be a 1% cut to annual social housing rent, starting in April 2016. As a result of this, many social landlords are seeking to fully understand their legal obligations in relation to carrying out…

Debt Collect Recoveries - December 2015

08/01/16

Forbes' Debt Recovery team recovered over £40,000 for clients in December 2015. The team recovered over £15,000 for a local slate company, over £6000 for a local pension company and almost £7000 for a Spider lift hire company based in Burnley. Almost double the…

Big changes in financial reporting for smaller entities take effect

06/01/16

The new financial reporting requirements set out in the Companies, Partnership and Groups (Accounts and Reports) Regulations 2015 come into effect for all companies with financial years beginning on or after 1st January 2016. Prior to this date the new provisions had been optional, company directors…

Retailer Not Vicariously Liable for Sick Employee

06/01/16

Frances Nicholls v ASDA Stores Ltd Bristol County Court The Claimant brought a claim personal injury after slipping on vomit whilst shopping in the defendant's supermarket. Immediately prior to the accident, one of the defendant's employees had vomited on the floor whilst urgently…

Riverside successfully enforce injunction order

04/01/16

In November 2015, Riverside obtained an injunction and power of arrest against the Defendant in relation to on-going anti-social behaviour. The complaints included, amongst other things, the Defendant displaying drunk and disorderly behaviour in public, walking around in public in a state of undress,…

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