Archived News from 2017

November

Questions we have been asked this month

21/11/17

Q. In 2015 member of staff in discussing workload with another more junior member of staff has purportedly authorised an increase in hours for the junior staff member equating to 7 hours per week. The junior staff member had not realised until now and has since raised a grievance regarding the…

Forbes' Apprentice Frankie Named Intermediate Apprentice of the Year

21/11/17

Frankie Haggerty, who started her career as an Apprentice with Forbes was named as Intermediate Apprentice of the Year for the North West, Cumbria and Lancashire area at the National Apprenticeship Awards. The National Apprenticeship Awards, now in their 14th year, showcase the successes and…

Claimant's Case Full of Holes

20/11/17

Westoby v Humber Bridge Board Derby County Court The claimant was walking in a Country Park when he allegedly tripped in a manmade hole and sustained a personal injury. The claimant alleged that there were five manmade holes that had been dug using spades and that these holes had rendered…

Claimants Blurred Account of Accident Fails to Convince the Court

20/11/17

Chapman v TMBC Manchester CC An elderly Claimant alleged that she tripped and fell on a defective kerb and sustained a personal injury. The Claimant provided photographs of measurements showing the difference in levels between the kerb and the pavement to be 30mm. It was argued that the…

No need to plead fundamental dishonesty for a finding to be made

20/11/17

In Howlett v (1) Davies (2) Ageas Insurance Limited [2017] EWCA Civ 1696 the Court of Appeal has found that the Court was entitled to make a finding of fundamental dishonesty even though dishonesty or fraud had not been specifically pleaded in the defence. Following a road traffic accident the…

HSE Waste & Recycling Inspection Campaign

20/11/17

The HSE have announced a programme of unannounced inspections to review health and safety standards in the waste and recycling sector. The HSE has highlighted the waste and recycling industry as a high risk priority sector. In the last five years there have been 39 fatalities to workers and 11…

Employer not Liable for Prank

20/11/17

The claimant brought a claim against her employer, the NHS, after sustaining an injury as a result of a 'prank' whilst at work. The claimant was injured when her colleague deliberately pulled her chair away as she sat down. The claimant claimed damages of £58,000 from Homerton…

Proud to be Joint Headline Sponsor

17/11/17

Forbes is delighted and very proud to once again be joint headline sponsor of the Red Rose Awards and is urging businesses to enter. With more than 20 awards up for grabs in various sectors and business size categories, there's something for all businesses in Lancashire to aim for. The awards…

GDPR: Are you Ready?

16/11/17

The General Data Protection Regulation (GDPR) will come into force in the UK from 25 May 2018 and will apply to all ' controllers ' and ' processors ' of ' personal data' . The education sector holds vast amounts of personal data relating to its employees, students and pupils…

No need to plead fundamental dishonesty for a finding to be made

07/11/17

In Howlett v (1) Davies (2) Ageas Insurance Limited [2017] EWCA Civ 1696 the Court of Appeal has found that the Court was entitled to make a finding of fundamental dishonesty even though dishonesty or fraud had not been specifically pleaded in the defence. Following a road traffic accident the…

No Fairy-tale ending for the Mickey Mouse Claimant

07/11/17

O'Brien v Conwy County Borough Council You may recall that we reported on this case earlier in the year. An audacious teaching assistant fabricated an injury at work so that that she could go on a family holiday to Disney World in Florida during school term time. After the claimant…

GDPR - Frequently Asked Questions

02/11/17

The General Data Protection Regulation (GDPR) will come into force in the UK from 25 May 2018 and will apply to all ' controllers ' and ' processors ' of ' personal data' . Organisations hold vast amounts of personal data relating to employees, customers and suppliers. It is…

Data Protection Bill Starts Committee Stage

02/11/17

The Data Protection Bill started Committee Stage at the House of Lords on 30.10.2017, where the Lords had the opportunity to scrutinise the contents of the Bill line by line. The General Data Protection Regulation ('GDPR') will come into force on 25 May 2018 and will make significant…

GDPR and Mandatory Breach Reporting

01/11/17

The General Data Protection Regulation ('GDPR') will come into force in the UK from 25 May 2018. One of the changes the GDPR makes is the requirement for a personal data breach to be notified to the Information Commissioner's Office ('ICO'). Currently there is no legal…

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October

The 'Thriving at work' Report - Mental Health Issues in the Workplace

26/10/17

Following the request of the Prime Minister, Theresa May, The 'Thriving at work' report, published on Thursday 26 October 2017, is an independent review of how employers can improve and enhance the mental health of all of its employees and ultimately ensure they thrive through work. The…

Forbes' Fizz and Fun Raises Money for Nightsafe

26/10/17

Forbes Solicitors raised £700 for Blackburn based Nightsafe by hosting a fizz and fun Ladies' Evening. The event, hosted at Forbes' Walton Summit office, saw Forbes' staff turn model as they took part in a fashion show by French Connection. Guests were also treated to…

Five Newly Qualified Solicitors for Forbes

23/10/17

Five members of staff at leading North West legal firm Forbes Solicitors are celebrating after qualifying as Solicitors. Amy Chadwick, Rebecca McCann, Laura Marsh, Bethany Paliga and Stacey Lakeland are now beginning the next stage of their careers with the firm. Amy, based in the Leeds…

Forbes Solicitors celebrates 44 Legal 500 Recommendations

19/10/17

Forbes Solicitors is celebrating after receiving 44 recommendations for its lawyers and services in the 2017 Legal 500 rankings, up from 31 in 2016. The leading North West legal firm is also delighted to reveal that the firm has been recommend for the first time for Education , Clinical Negligence…

Supreme Courts holds Local Authority Liable for Abuse in Foster Care

19/10/17

The Supreme Court finds local authority vicariously liable for abuse committed by foster parents in the 1980's. The claimant Natasha Armes was placed in the care of the Nottingham County Council from the age of 7. Between 1985 and 1988 she suffered physical, emotional and sexual abuse whilst…

The 'Superb' Forbes Insurance Department Recognised Once Again by Legal 500

19/10/17

The Legal 500 has published its latest results and we are delighted to announce that the Insurance Department has been recognised for its 'superb service'. The Legal 500 praises the Forbes Insurance team for its substantial experience defending all types of claims and for working hard for…

What a Load of Bull?

17/10/17

Swan v Christopher Good t/a Nite Life Entertainments Kingston Upon Hull County Court - DJ Besford The Defendant was the owner of a rodeo bull ride which was hired by the Claimant for her daughter's birthday party. During the party, the Claimant decided to take a turn on the ride and fell…

Fright Night Claim Fails

17/10/17

Spencer v BB & B Leisure Parks Limited Leicester CC - HHJ McKenna The Claimant sought damages from the Defendant after injuring her back on a slide. The Claimant had attended the Defendant's premises in October 2013 to engage in a themed night known as "Fright Night". The…

Claim Full of Mysteries

17/10/17

Hothersall v Bury Council Manchester CC - HHJ Smith The trial of this multi-track highway claim left the judge rather bewildered after hearing two days of evidence. The elderly Claimant alleged that she tripped and fell over a water cover in the footway. The Claimant fractured her hip as a…

Fixed Costs Recommendations for Hearing Loss Claims Published

17/10/17

The Civil Justice Council has published a report making recommendations for fixed recoverable costs and improvements to claims management in noise-induced hearing loss cases. There has been a significant increase in the number of Noise-Induced Hearing loss claims which prompted the Government to…

Council Fined by ICO for Breaching Data Protection Rules

17/10/17

A Council has been fined by the Information Commissioners Office after falling foul of Data Protection rules. Nottinghamshire CC has been fined £70,000 after leaving vulnerable people's personal information online for five years. Nottinghamshire County Council unknowingly posted the…

New JC Guidelines Released

17/10/17

The latest edition of the JC Guidelines have now been published. The 14 th edition sees figures increased to reflect the general increase in inflation of 4.8%. On the whole, there are minimal changes to the latest edition. The main points to note are as follows: · Scarring - the…

Court Extends the Scope of Vicarious Liability to Independent Contractors

17/10/17

Various Claimants v Barclays Bank PLC (2017)[2017] EWHC 1929 (QB ) In Various Claimants v Barclays Bank plc [2017] EWHC 1929 (QB), 126 claimants brought a group claim against Barclays Bank for sexual abuse perpetrated during the course of mandatory pre-employment medical examinations. The…

Disciplinary Proceedings and Psychiatric Harm

17/10/17

Marsh v Ministry of Justice [2017] EWHC 1040 (QB). In January 2009, Mr Marsh, a Prison Officer, was accused by a female inmate of having committed sexual misconduct. He was investigated by the Ministry of Justice (MoJ) but they determined to take no further action. Later in 2009 however,…

Forbes Appoints Disputed Trusts and Probate Expert Ben Wilson

16/10/17

Associate Ben Wilson has joined Forbes Solicitors specialising in disputes arising from contesting Wills, Trusts, Probate and Inheritance Matters. Ben, who is based at the firms Central Lancashire office, acts for clients on a national and international basis and deals with a range of high value…

Forbes celebrates The Lex 100 success by announcing four new trainees

10/10/17

Forbes Solicitors has celebrated success in three 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 gathered over 3,000 anonymous…

Blackburn Family Business Expands Following Purchase of New Property

05/10/17

Floors N Carpets Ltd is expanding following the purchase of new premises in Blackburn. The family business has acquired a 128,000 sq ft premises in Copy Nook, Blackburn which is surrounded by 7.5 acres of land, providing space for growth and development. Founded in 1980 by Mohammed Isa Namaji…

Are you prepared for the GDPR?

03/10/17

The General Data Protection Regulation (GDPR) will come into force in the UK from 25 May 2018 and will apply to all ' controllers ' and ' processors ' of ' personal data' . The education sector holds vast amounts of personal data relating to its employees, students and pupils…

Questions we have been asked this month

03/10/17

Q. Will an NQT teacher accrue continuous service for the purposes of unfair dismissal? A. The answer to this question will depend on where the service was accrued and the governance structure of the school. If the NQT trained at the same school into which they have qualified, then it is likely…

Dealing with Third Parties - Don't get Caught Out

03/10/17

Contracting with third parties can be a minefield if you are unsure where to look. You may find yourself being subject to the onerously one-sided terms of a supplier even before you are aware that a contract has been formed. When contracting with third parties, it is important to agree contract…

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September

Are you prepared for the GDPR?

27/09/17

The General Data Protection Regulation (GDPR) will come into force in the UK from 25 May 2018 and will apply to all ' controllers ' and ' processors ' of ' personal data' . The education sector holds vast amounts of personal data relating to its employees, students and pupils…

Simone Agoreyo -v- London Borough of Lambeth (Appeal)

25/09/17

Summary of the facts The Appellant in this case was a newly appointed teacher at the school. It was alleged that within the first few weeks of her employment there were three incidents which occurred whilst dealing with particularly challenging children who had special educational needs, for which…

Can you monitor your employees personal communications at work?

25/09/17

On Tuesday 05 September 2017 the European Court of Human Rights ('ECHR') established a significant legal precedent restricting the extent to which employers can monitor employees office emails. Summary of the case Bogdan B─ârbulescu, a Romanian software engineer, was dismissed…

Emma Swan Shortlisted for Legal Advisor of the Year - Vote now!

18/09/17

We are delighted to announce that Forbes' Employment partner, Emma Swan, has been nominated for Legal Advisor of the Year at the Lancashire Women in Business Awards 2017. The Awards recognise and reward those women who build their presence within the Lancashire Business Community. The…

Risk of Ice does not put Local Authority in Breach of Highways Act

05/09/17

Harrison v East Riding of Yorkshire Council The claimant alleged that she was walking along a road when she came across water emerging from a drain and running alongside the road. Some of the water had frozen on the surface of the carriageway and the claimant slipped on the ice. The claimant…

Defendant not Liable for Accident Involving Refuse Vehicle

05/09/17

Peet v Wigan Council Wigan County Court - DJ Mornington The Claimant was involved in a serious accident when working as a refuse collector for the Defendant. The Claimant alleged that as he attempted to climb on to a stationary vehicle, he lost his footing and fell backwards onto the ground…

Landlord not Liable for Needle Stick Injury

05/09/17

James Walker v Thirteen Group Ltd Middlesborough County Court - Judge Ord The Claimant sustained a needle stick injury whilst decorating his step daughter's bathroom at premises let to her by the Defendant. The Claimant's hand came into contact with a hidden needle. Subsequently,…

Government Announces New Data Protection Bill

05/09/17

In a statement of intent the Government has committed to updating and strengthening data protection laws through a new Data Protection Bill to reflect the GDPR (EU General Data Protection Regulation). According to the government, the Data Protection Bill will: · Make it simpler to…

QOCS & The Transitional Provision of CPR 47.17

05/09/17

In a Judgment handed down last week the Court of Appeal has sought to provide clarity on the transitional provision of CPR 44.17 in relation to Qualified One-Way Costs Shifting (QOCS) and pre-commencement funding arrangements. Following Jackson LJ's Review of Civil Litigation Costs the rules…

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August

Proposed Fixed Costs for Disrepair Claims

25/08/17

As you may be aware, in 2010 Lord Justice Jackson published his final report of his review of the rules and principles governing the costs of civil litigation. This report, amongst other things, introduced fixed costs for certain low value claims, in the area of personal injury and took many disrepair…

Tribunal Fees Briefing Note - Answering the essential questions

08/08/17

On the 26th July 2017, the Supreme Court gave judgment in the case of R (on the application of UNISON) v. Lord Chancellor; confirming that the Employment Tribunal fee regime was unlawful from the outset. This decision fundamentally changes the landscape of Employment Tribunal litigation in the UK,…

Forbes Becomes Legal Provider to emh group

03/08/17

Forbes Solicitors has reinforced its position as a leading provider of legal services to the affordable housing sector after being appointed to provide advice to Leicestershire-based emh group. Following a competitive tender process Forbes' Housing and Regeneration Team will provide advice in…

Fixed Recoverable Costs - A review of Lord Justice Jacksons proposed reforms

02/08/17

The much anticipated report of Lord Justice Jackson was finally released 31 July 2017, inevitably reigniting the longstanding debates amongst Civil Practitioners. The underlying objectives of the Jackson Report are to introduce more certainty, transparency and proportionality into Civil Litigation, in…

Queen's Speech confirms GDPR to survive Brexit

01/08/17

Through the Queen's Speech, the government confirmed that which the ICO has already indicated: that there will be data protection law in the UK post-Brexit. Alongside the Great Repeal Bill and various others, will sit a Data Protection Bill, as outlined on pages 46 & 47 of the Queen's Speech…

Supreme Court rules Employment Tribunal Fees are Unlawful

01/08/17

Today (26 July 2017), the Supreme Court has ruled that the Employment Tribunals and the Employment Appeal Tribunals Fees Order 2013 is unlawful, unconstitutional and will be quashed with immediate effect. This serves as a prominent example of the Courts being willing to limit Governmental…

QOCS & The Transitional Provision of CPR 47.17

01/08/17

In a Judgment handed down last week the Court of Appeal has sought to provide clarity on the transitional provision of CPR 44.17 in relation to Qualified One-Way Costs Shifting (QOCS) and pre-commencement funding arrangements. Following Jackson LJ's Review of Civil Litigation Costs the rules…

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July

Forbes Solicitors takes the driving seat with new Transport & Logistics team

27/07/17

Forbes is delighted to announce the launch of its new Transport & Logistics team, marking an official sector focus for the firm. The firm has recruited renowned Corporate Lawyer, Jennifer Bell as Head of Transport and Logistics. Jennifer joined Forbes from niche transport firm, Backhouse Jones…

"Employers not Nursemaids"

27/07/17

Leicester County Court - February 2017 The Claimant worked as a warehouse operative for a retail company; he alleged that he sustained an injury to his hand when turning over a pallet which had been incorrectly stacked. He claimed that his colleagues had been trained not to leave pallets upside…

Health and Safety Fines on the Up

27/07/17

The Health and Safety Offences, Corporate Manslaughter and Food Safety and Hygiene Offences Definitive Guidelines have been in force for over a year and during that time we have witnessed a dramatic increase in the level of fines being imposed on organisations following breaches of health and safety…

Supreme Court rules Employment Tribunal fees are unlawful

26/07/17

Today (26 July 2017), the Supreme Court has ruled that the Employment Tribunals and the Employment Appeal Tribunals Fees Order 2013 is unlawful, unconstitutional and will be quashed with immediate effect. This serves as a prominent example of the Courts being willing to limit Governmental…

Forbes act on the sale of Lancashire based Tilemaster Adhesives to Kerakoll

25/07/17

Forbes Solicitors' Corporate team has acted for Leyland based Tilemaster Adhesives over its sale to Kerakoll. Following the acquisition, the two brands will continue to run separately, in order to continue building and progressing both brands. Tilemaster's Managing Director, Mark Kelly and…

Discount Rate Decision Imminent

24/07/17

It is expected that the government will make an announcement next month on whether it intends to revise the discount rate. The Law Gazette has reported that in a House of Lords debate last month, Conservative peer Lord Hodgson of Astley Abbotts said the Ministry of Justice will respond to its…

Questions we've been asked this month

20/07/17

Q. We have a member of support staff whom has accepted employment elsewhere but has not formally tendered her resignation as of yet. How does this impact on my ability to recruit a replacement? A. Practically speaking it would be advisable to keep an eye on the situation and ask the member of…

How safe are safeguarding dismissals?

20/07/17

In most cases a safeguarding issue necessitating measures to protect a child will be the paramount consideration for most Education providers. However, as an employer you have to balance that consideration with fairness to your employee or risk facing an Employment Tribunal claim. It can be a fine…

The Apprenticeship Levy and Education

20/07/17

The apprenticeship levy ('the levy') is now in force. The levy will affect employers with a salary bill over £3 million per year. The employer is required to pay 0.5% of their total salary bill (in most cases this will be basic pay including any additional allowances) less a £15,000…

Holiday Pay Accrues Indefinitely

18/07/17

Following the case of King v. The Sash Window Workshop Ltd., the ECJ's Advocate General has announced that the right to paid leave accrues throughout an employment relationship if the employer does not provide 'adequate facility' for the employee to take paid leave. In this case, Mr…

The 'Good Work' Report

18/07/17

The Taylor Review also know as the 'Good Work' report was published on 11th July 2017 and is an independent review of modern working practices in the UK. The report was undertaken by Matthew Taylor, Chief Executive of the Royal Society for the encouragement of Arts, Manufactures and Commerce. It…

Stable Boy Loses Animals Act Appeal

13/07/17

David Lynch v Ed Walker Racing Ltd (2017)Qbd (Langstaff J) 15/06/2017 The claimant was a stable boy employed by the defendant. He had been riding a 2 year old colt called "Wolfofwallstreet" in a string of nine race horses along a track beside a road. The horses became spooked causing the…

Forbes' Training Principal Wins National Award

12/07/17

Stuart Penswick of Forbes Solicitors has been recognised as Best Training Principal (small trainee intake) at the LCN Training & Recruitment Awards 2017. The Law Careers.Net awards set out to identify and praise those employers that do a great job in giving their trainees a flying start…

CPR 44.15 - The Lesser Used QOCS Exception

06/07/17

Walmsley v Wigan Council The Claimant alleged that he tripped in a defect on a pavement sustaining personal injury. A breach of duty was admitted with the Claimant put to strict proof as to causation, both factual and medical, with various concerns raised as to the Claimant's veracity.…

Highly Regarded Employment Lawyer Joins Forbes Solicitors

06/07/17

Forbes Solicitors is pleased to announce the appointment of highly regarded Employment Lawyer Emma Swan. Emma joins Forbes as a Partner in the Employment Team and will be based at the firm's Central Lancashire office. She has a loyal client base of Lancashire businesses which she…

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June

Retail Manual Lifting Claim Fails

30/06/17

Matthews v The Co-operative Group The Claimant was employed by the Defendant as a retail assistant. She alleged that she sustained an injury when attempting to lift a box of milk from the bottom of a cage. She claimed that the box had been incorrectly loaded and was therefore wedged into the…

Court of Appeal Dismisses DPA Handrail Case

30/06/17

Megan Louise Dodd (Widow & Executrix f The Estate Of Paul James Dodd, Deceased) v Raebarn Estates Ltd & 5 Ors (2017) [2017] EWCA Civ 439 CA (Civ Div) (McFarlane LJ, Lewison LJ, McCombe LJ) 21/06/2017 In this matter the Court of Appeal considered whether a freeholder was in breach of its…

Council Fined for Publishing Sensitive Data in Online Planning Documents

30/06/17

A local authority has been fined £150,000 by the Information Commissioner's Office (ICO) for publishing sensitive personal information about a family in Online Planning Documents. Basildon Borough Council breached the Data Protection Act when it published a statement supporting a…

Forbes Wins Defendant Insurance Law Firm of the Year

21/06/17

Forbes Solicitors is proud to announce our recognition as Defendant Law Firm of the year at the Claims Management Awards 2017. The awards aim to celebrate achievements and progress made by the leading professionals in the claims sector. Forbes was recognised for its tenacious Fraud team and its…

Continued Success For Lancashire HR Forum With Forbes' Support

13/06/17

Forbes Solicitors has signed up to support a Lancashire based employer's forum for a further 2 years after the continued growth and success of the events. The Lancashire HR Employer's Forum has now been supported by Forbes Solicitors since 2011 and over this period the forums have seen…

Claimant has the rug pulled from under the claim

12/06/17

Potter v Co-operative Group The claimant alleged that she tripped on a mat whilst exiting the defendant's store premises and fell face first into a metal fence outside of the main doors of the store. The claimant alleged that she suffered personal injuries as a result. The defendant denied…

Claimant found fundamentally dishonest following causation only trial

12/06/17

Owing to the stark and glaring inconsistencies in the claimant's witness evidence at trial, Forbes on behalf of the defendant took the unusual step of seeking a finding of fundamental dishonesty following the dismissal of this claim for personal injury. The claimant brought a claim for personal…

School Trips

12/06/17

In another tragic case at a theme park, a young girl lost her life whilst riding on a water ride at Drayton Manor. The girl was on a school trip when she fell from the ride. This tragedy brings to the fore the importance of ensuring appropriate health and safety considerations are made before and…

The Not So Sweet Child of Mine

12/06/17

Network Rail v Dermody & Anor (2016) [2016] EWHC 2060 (QB) QBD (Edis J) 19/07/2016 A former employee of Network Rail was found in contempt of court and sentenced to three months in prison after fabricating the extent of his injuries following an accident at work. The claimant alleged that…

The Invasion of the Japanese Knotweed Claim

12/06/17

The mere mention of Japanese Knotweed is enough to strike fear in the heart of any seasoned gardener. This invasive bamboo-like plant spreads rapidly, suppresses the growth of other plants and can potentially threaten property foundations. The first reported legal case involving knotweed emerged last…

Data Protection: Existing Compliance and Preparing for GDPR

08/06/17

For schools and colleges to serve their purpose, personal data of your pupils and students is an important asset. By providing various education and vocational courses you will be processing your pupils' and students' personal data and in some cases sensitive personal data. You are also likely…

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May

Questions we've been asked this month

24/05/17

Q. We have a member of staff who had a dispute with her line manager before the Easter break and did not return to work or submit a fit note. Can we send a letter stating we will treat her as having resigned from her employment? A. Sending a letter treating an employee as having resigned…

Manchester Homelessness Fund

23/05/17

In his first few days in office, the newly elected major of Manchester Andy Burnham has launched a fund in a bid to tackle the growing issue of homelessness in the city. Homelessness has been a growing issue in Manchester over the last few years with the number of people living on the streets…

Questions our Employment & HR department have been asked this month

23/05/17

Q. We have a Consultant whom works 4 days a week on a variety of projects. In light of the recent cases about self-employed status, is the Consultant self-employed? A. Whether or not the Consultant will be self-employed will depend on a number of factors. Principally, a key factor is whether…

Weathering Welfare Reform

23/05/17

Social housing is dependent on rental income to remain financially viable. Much of this income is currently dependent on Housing Benefit. The imminent changes are expected to have significant implications for housing providers and their tenants. In principle, the public, those providing support to…

A Mickey Mouse Claim

19/05/17

O'Brien v Conwy County Borough Council An audacious claimant who allegedly fell in the course of her employment as a teaching assistant has discontinued her claim shortly before trial. The claimant alleged that she had slipped on a piece of discarded fruit sustaining a soft tissue…

Forbes Announces Promotions

18/05/17

Forbes Solicitors has announced the appointment of four new Partners and four new Associates as part of its continued growth. The largest legal practice in the North West outside the major cities has promoted Lucy Harris, Rubina Vohra, Judith Bloor and Patricia Prescott to Partners from Associates…

Forbes Shortlisted for the Claims Management Awards

17/05/17

We are pleased to announce that the Forbes Insurance Department has been shortlisted for the prestigious Claims Management Awards in the strongly contended category of Defendant Law Firm of the year for work in fraud and social care. The Claims Management Awards celebrate the achievements and…

Cycling Claim fails at Trial

15/05/17

Newton v Trafford BC The Claimant alleged his bicycle wheel came into contact with a depression in the road next to a speed bump causing him to fall from his bike and to sustain injury. The Claimant argued that the defect was dangerous, and contended that the Defendant was in breach of its…

It's a small world after all!

15/05/17

Victoria Reis v The Co-operative Group The claimant in this matter was forced to discontinue her claim after investigations confirmed that she was closely linked to a supposedly independent witness. In 2014 the defendant's driver was involved in a road traffic accident. The claimant…

Supreme Court supports assignment of CFAs

15/05/17

In the case of Plevin v Paragon Personal Finance Limited [2017] the Supreme Court has upheld the recoverability of the Claimant's success fee and a 'top up' ATE premium where the CFA had been assigned between solicitors and extended post 1 April 2013 to cover appeals The Defendant…

Prisons and Courts Bill abandoned

15/05/17

It has been confirmed that the Prisons and Courts Bill has been abandoned by the government following the announcement of the snap general election by Teresa May on the 8 th June 2017. David Lidington, the Leader of the House of Commons, confirmed that the Bill had been scrapped and would not be rushed…

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April

Questions we've been asked this month

27/04/17

Q. What can be done if a parent and/or member of staff is speaking unfavourably about the School on Social Media? A. The situation is slightly different for a parent as it is for a member of staff. Where a member of staff is speaking unfavourably about the School on Social Media, this could be…

Rumbled Claimant Fundamentally Dishonest

26/04/17

Bennett v Newcastle City Council Forbes has secured another finding of fundamental dishonesty this week after a claimant who had allegedly tripped and sustained an ankle fracture on the highway discontinued his claim against Newcastle City Council. The defendant put pressure on the…

Forbes Nominated for Two Training & Recruitment Awards

21/04/17

The quality of Forbes Graduate Recruitment Scheme has been recognised after being nominated in two categories at the LawCareers.Net Training & Recruitment Awards. Forbes has been nominated for Best Trainer (Medium Regional Firm) whilst Stuart Penswick has been nominated for Best Training…

Accountants Update - Changes to the PSC Regime

20/04/17

Yesterday Companies House announced its plans for the next three years when it published its business plan and strategic plan. Its ultimate goal is to make the UK "the most transparent place in the world to do business", by making a number of changes to the PSC Regime.…

State pension to start at age 70?

20/04/17

Having previously been ruled out, reductions in tax relief for pension contributions are once again being discussed as a possible means of addressing the Chancellor's Budget deficit. Also being considered is an increase in the minimum age at which the State pension can be drawn. The…

Stress at work - managing long term sickness absence

12/04/17

Herry v Dudley Metropolitan BC The workplace has the potential to be a highly pressurised environment for everyone, particularly with the current austere climate within the Public Sector showing no signs of letting up and the uncertainty of Brexit looming in the wake of the triggering of Article…

Tagtronics seals £1m-plus acquisition

10/04/17

Blackburn-based software as a service business Tagtronics has acquired a London-based SAAS company in a £1m-plus buyout following advice from Forbes Solicitors. Tagtronics founder and managing director Mike Williams said, "This is our first acquisition of this size, and is part of a…

Evidence from Local Witnesses Undermined

07/04/17

Bower v Bolton Council Bolton CC - DJ Evans The Claimant alleged he tripped and fell on a pothole next to a drain whilst walking his dog. The Claimant suffered a personal injury and brought a claim against the local authority. The Claimant's case was that the defect had been missed on…

No Liability Where Claimant Cannot Identify Defect

07/04/17

Barnes v Warrington BC St Helen's County Court - DDJ Maddison The Claimant alleged that upon exiting her vehicle in the school car park she caught her foot in a pot hole, tripped and fell. The Defendant denied liability and put the Claimant to strict proof as to her reason for being…

Three Yearly Tree Inspection Policy deemed Negligent by Court

07/04/17

Cavanagh v (1) Witley Parish Council (2) D Kevin Shepherd (T/A Shepherd Tree Surgeons & Forestry Contractors) (2017) A parish council has been found negligent in adopting a three-year cycle for its inspection of trees on its land. The claimant sought damages for severe personal injuries…

Guidance Document to Supplement New Highways Code of Practice Released

07/04/17

The Institute of Highway Engineers (IHE) have launched a revised guidance document on Highway Risk and Liability titled "Well Managed Highway Liability Risk". Following the publication of the UKRLG Code of Practice document "Well-m m anaged Highway Infrastructure", the IHE was…

Discount Rate - the Aftermath

07/04/17

Last month, Liz Truss took the surprising step of reducing the discount rate from 2.5% downwards to -0.75%. Lowering the rate to -0.75% means the cost of paying for lump sum personal injury compensation will significantly increase. Future settlements are likely to be double or even treble in value…

"Death Tax" Report Welcomed by Solicitor

07/04/17

Victoria Motley at Forbes Solicitors, has welcomed the findings of a parliamentary panel of experts that a planned increase in probate fees is unlawful. The parliamentary joint committee on statutory instruments found that the increase 'has the hallmarks of taxes rather than fees.' The…

De-regulatory Measures for Constitutional Changes

07/04/17

The Housing and Planning Act 2016 (HPA) introduced a number of de-regulatory changes relating to the constitutional consents regime, disposal consent regime, the Disposals Proceeds Fund and introduction of various notification requirements all of which are due to come into force on 6 April 2017. The…

Data Protection: Existing Compliance and Preparing for GDPR

07/04/17

If providing services such as repairs or renting properties, personal information relating to your tenants and potential tenants are likely to be an important business asset. In providing goods or services you will be processing your tenants' personal data and in some cases sensitive personal data.…

Supreme Court overturns High Court ruling on term time holidays

06/04/17

Isle of Wight Council v Platt [2017] UKSC 28 On 6 April 2017 the Supreme Court delivered its judgement, overturning the decision of the High Court which was that Mr Platt had not breached s444(1) of the Education Act 1996, as his daughter's attendance was otherwise regular notwithstanding the…

Two Newly Qualified Solicitors for Forbes

06/04/17

Two members of staff at leading North West legal firm Forbes Solicitors are celebrating after qualifying as Solicitors. Sarah Petrie and Emanuele Bellanca are now beginning the next stage of their careers with the firm. Sarah, based in the Central Lancashire office, specialises in…

Changes to HCA Consents Regime from 06 April 2017

04/04/17

On 06 April 2017, a number of changes to the regulation of social housing will be introduced under the Housing and Planning Act 2016 ('the Act'). One of the de-regulation measures to be introduced is the removal of the HCA consents regime. These measures are set out in Schedule 4 to the Act…

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March

Buyout at £10m North West timber firm

29/03/17

A £10m turnover timber supplies business with four North West depots has been acquired by one of its directors in a multi-million-pound deal. North West Timber Treatments Ltd has been acquired by Roger Mayor who has bought out his brothers and fellow directors Henry, Andrew and Robert…

Accrington Solicitor Acts in Legal First

22/03/17

Leonie Millard, Clinical Negligence Solicitor at Forbes Solicitors, represented the first reported recipient of an increase in damages following a change to the discount rate applied to personal injury settlements. In the case of LMS v East Lancashire Hospitals NHS Trust, the Claimant, represented…

Questions we have been asked this month

21/03/17

Q. If a member of our support staff team who is working over the normal retirement age requests to reduce their hours, are we able to discuss retirement? A. Following the abolition of the compulsory retirement age in 2011, it would be discriminatory to make attempts to make them reconsider their…

What the Spring Budget Means for Your Contracts

21/03/17

In light of the Spring Budget delivered earlier this month, education providers of all types should now be aware of the potential implications this announcements might have for them and particularly their consumer facing contracts. Philip Hammond said in his Budget speech: "We will shortly…

Religion v Rules

16/03/17

Muslim women's rights to wear a headscarf and full-face veil in public places and within the workplace have been subject to major debate. Various European countries have addressed the issue, with France and Belgium restricting such women's rights in 2011, and both Austria and the Netherlands…

Forbes Wins Two in Damar Apprenticeship Awards

16/03/17

Forbes Solicitors has been awarded 'Employer of the Year' whilst Frankie Haggerty was awarded 'Intermediate Apprentice of the Year' in the Annual Apprenticeship Awards 2017. The Damar Annual Apprenticeship Awards celebrate the achievements of Damar's apprentices, employers and…

Guidance Document to Supplement New Highways Code of Practice Released

15/03/17

The Institute of Highway Engineers (IHE) have today launched a revised guidance document on Highway Risk and Liability titled "Well-managed Highway Liability Risk". Following the publication of the UKRLG Code of Practice document "Well-managed Highway Infrastructure", the IHE…

Sign Your Claim Away

15/03/17

Brown v Calderdale The Claimant made a claim against the local authority after allegedly sustaining personal injury. Breach of statutory duty was conceded and the claim was issued as causation was in issue. Serious concerns were however raised upon receipt of the claim for Special Damages. The…

Tweets of Serious Harm

14/03/17

It is rare that the outcome of Defamation cases that proceed to Trial are reported. Not only does the reporting of the case reveal the parties and the defamatory statements again, the parties involved tend to want to maintain their anonymity. This was not the case in the recently reported…

Housing White Paper: fixing the housing crisis?

07/03/17

The Department for Communities and Local Government (DCLG) has issued a Housing White Paper entitled 'Fixing our broken housing market' setting out the challenges and opportunities in relation to housing. The paper contains a number of proposals with the Government intending to boost…

The HSE are on a roll!

02/03/17

Following the introduction of the new Health and Safety Sentencing Guidelines, the HSE has handed out another large fine, this time to Warburtons Limited. The company was fined £2million after a worker was hospitalised following a fall from height. The worker was seriously injured whilst…

88th CPR Update - What to expect

02/03/17

As tradition dictates, every April the CPR is amended and this year is no exception. There are a number of noteworthy amendments which will come into force on 6 April 2017. The following changes are to be made: · Payment and refund of court fees for hearings. Court fees will…

Supermarket not liable for Point of Sale Display

02/03/17

The Claimant was shopping in a supermarket and cut his hand on the top of a mobile free standing ladder rack display stand. As he reached up to the top shelf, he brought his hand back down on to the stand and in doing so suffered a laceration to the back of his hand. The question before the Court…

Local Authority not liable for collapse of four properties

02/03/17

Lyons v Pendle Borough Council Preston County Court - January 2017 The Claimant was the owner of an end terraced house in Nelson and the Defendant the owner of 3 unoccupied, derelict properties on the same row. In 2013 the roof structure of all four properties collapsed, leaving them unsafe…

Defendant One Step Ahead

02/03/17

Jacobs v Symphony Housing Group Liverpool County Court - January 2017 The Claimant alleged she sustained an injury after slipping on pooled water and catching her foot on the lip of the top step of a communal entrance. The communal steps gave access to the flat owned by the Claimant. It…

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February

Forbes Supports National Apprenticeship Week

28/02/17

The HR & Training Team at Forbes are reinforcing their commitment to apprenticeships by supporting National Apprenticeship Week which takes place from 6th - 10th March. Forbes Solicitors has been delivering the Business Administration Level II Apprenticeship in house for the last 16 years and…

Forbes Solicitors Appoints Jennifer Bell

28/02/17

Corporate Lawyer Jennifer Bell has joined Forbes Solicitors as the firm continues to grow its Commercial Team. Jennifer joins the Corporate & Restructuring Team, based at the firm's Central Lancashire office, as an Associate and has experience in all aspects of corporate and…

Discount rate changed to MINUS 0.75%

28/02/17

In a surprise step, the Government has today announced changes to personal injury compensation payments. The Discount Rate will be lowered from 2.5% downwards to -0.75%. Previously, the Discount Rate had remain unchanged since 2001. Lord Chancellor and Justice Secretary Elizabeth Truss said: "…

PI Reforms Announced - Small Claims Limit to be increased

28/02/17

The Ministry of Justice has published part one of its response to the 'Reforming the soft tissue injury ('whiplash') claims process' consultation. Small Claims Track The small claims track will be increased from £1,000 to £5,000 for minor RTA soft tissue related…

Land Assets

27/02/17

Most schools have substantial land assets under their control, for instance the land, buildings and playgrounds where the school is located, but also fields and sports pitches, and sometimes the occasional area of land that serves no real purpose in the day to day activities of the school. This land can…

Questions we have been asked this month

24/02/17

Q. A member of staff was seen by the police near School premises using a mobile phone whilst driving the school minibus. The member of staff was not spoken to by the police officer, however, the police officer called the office to report the incident. A. This is a conduct issue which will need…

Industrial Action - a legal update

24/02/17

Towards the end of 2016, Britain saw arguably the most notable examples of industrial action since the 1980s. Strike action and disputes over various aspects of employment regularly entered the media limelight; ranging from disputes over pay to job descriptions. The mechanics of industrial action…

Blackburn Law Association Raises £1,400 With The Help of Forbes

22/02/17

Blackburn Incorporated Law Association (BiLA) recently raised over £1,400 for Blackburn Youth Zone with the help of Forbes Solicitors. BiLA hosted its annual dinner at Ewood Park and brought together over 170 legal professionals from the area to celebrate and reflect on the past year.…

Five top tips for a smooth move

15/02/17

Whilst the majority of property transactions go through smoothly, there are some steps you can take to reduce the chances of things not going to plan and alleviating stress levels at the same time :- 1. Do your sums · Make sure you know what the total cost of the transaction is…

Developments for Employment Law 2017

15/02/17

Childcare Vouchers The government proposed to implement a new tax-free childcare scheme where working families earning at least £50 per week per parent, can claim up to 20% of qualifying childcare costs for children under five and / or children under 17 with disabilities, up to a cap of &…

Fourteen Year Old Girl Wins Claim after Falling from Ex- Race Horse

15/02/17

Harris v Miller 2016 EWHC 2438 (QB) The Claimant, then just 14 years of age, fell from a horse which she was riding, and sustained paraplegic life changing injuries. The horse belonged to the Defendant who had recently bought the animal having chosen to take up horse riding as a hobby. An…

Solicitor Recognised as Expert in Elderly Client Advice

15/02/17

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

Neighbourhood Watch: Disputes and CCTV

14/02/17

Last month, a court in Edinburgh decided a case where damages were sought for breaches of the Data Protection Act 1998 (DPA) in relation to the use of CCTV and surveillance equipment by neighbours. Whilst the decision was made in Scotland, it is not binding on courts in England and Wales, the case…

Supported Housing Funding Reform: Consultation Response

14/02/17

Forbes Solicitors acts for over 90 registered providers of social housing and local authorities. Supported housing is an umbrella term and brings together a range of different schemes and beneficiaries. The schemes that our clients operate include sheltered accommodation, extra care schemes, supported…

Spotlight on... our Contracts and Projects team

13/02/17

Legal Assistant within our Contracts and Projects team - Housing & Regeneration Group What I do I work in the Contracts & Projects team within Forbes' Housing & Regeneration Group. This involves dealing with a range of matters focusing on governance, contracts and procurement.…

Post-Portal PADs: The Court of Appeal ends the Costs Debate

07/02/17

Caren Sharp v Leeds City Council The Court of Appeal confirmed last week that fixed costs apply to Pre-Action Disclosure Applications (PADs) which have dropped out of the personal injury portal. You will recall our previous articles following the development of the argument that fixed costs…

Questions we have been asked this month

06/02/17

What is the difference between freehold and leasehold title? Leasehold title is where the Property is held under a lease for a term of years. The lease sets out obligations on how the tenant can deal with the Property, such as permitted use, assignment, alteration and repairs. The Tenant…

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January

Defect Not an Accident Waiting to Happen

31/01/17

Watson v The Co-operative Group December 2016 - Stoke on Trent County Court The Claimant brought a claim for personal injury after tripping whilst taking a short cut across the frontage of a funeral parlour. The Claimant alleged that there was a depression in the tarmac at the point it…

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

31/01/17

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…

It's not all plain sailing!

31/01/17

November 2016 HHJ Beech Evidence from paramedics and a 999 log led to the downfall of this claim for personal injury. The claimant alleged that she sustained serious injuries whilst using a slipway to launch her boat with her husband. She claimed that the slipway ended abruptly and as a…

Paraplegic mountain biker wins case against instructor

31/01/17

Asif Ahmed v Leon McClean 2016 EWHC 2798 QB In this tragic case, the claimant was left paraplegic after falling during a mountain bike tuition course run by the defendant. The claimant took part in a beginners' mountain bike tuition course. The website described that the beginners'…

Court of Appeal clarifies "reasonable foreseeability test"

31/01/17

Dean & Chapter Of Rochester Cathedral v Leonard Debell (2016)[2016] EWCA Civ 1094 CA (Civ Div) ( Hallett LJ, Elias LJ) 09/11/2016 A cathedral appealed against a finding of liability after it was found liable in negligence for an injury sustained by a pedestrian who had tripped and fallen…

What to expect in 2017?

31/01/17

There is no doubting that 2016 was an eventful year in more ways than one but what can we expect from 2017? The government seems set on significantly reforming the personal injury sector. At the end of last year the government unexpectedly announced a consultation including a package of measures…

High Heels and Work Petition: The Legal Position

25/01/17

Recently women have spoken out about their employers putting pressure on them to wear high heels, more make up or revealing outfits to "fulfil" their roles at work. The Equality Act 2010 ("the EA 2010") prohibits discrimination, harassment and victimisation in employment, however…

Supreme Court rules Parliament must vote on Brexit

24/01/17

The Supreme Court by a majority of 8 to 3 has ruled that an Act of Parliament is required to authorise ministers to give Notice of the decision of the UK to withdraw from the European Union. Following the ruling the Attorney General has confirmed that the government will comply with the judgment of the…

Settlement Agreements and the Procurement Rules

24/01/17

The CJEU in the case of Finn Frogne A/S v Rigspolitiet ved Center for Beredskabskommunikationhas has ruled that a settlement agreement can amount to a regulated modification of a contract. Facts of the case The state of Denmark initiated a procedure to award a public contract through…

Forbes Advises on Graphic Arts UK Ltd MBO

19/01/17

Forbes Solicitors has advised on the management buyout of Lancashire-based Graphic Arts UK Limited which trades under the names of Concept4 and Printoff. Alex Buck, Jane Cleaver and Jason Tomlinson have bought Graphic Arts, which is based on Lomeshaye Industrial Estate in Nelson, from its outgoing…

Victory for Disabled Bus Users in the Supreme Court

19/01/17

The Supreme Court has ruled in the favour of a disabled activist in respect of his campaign for priority use of wheelchair spaces on buses. Mr Paulley is a wheelchair user who attempted to board a bus on 24 February 2012. A woman with a sleeping child in a pushchair refused to fold down the…

The Importance of s.106 Monitoring

16/01/17

On 9 th January, Inside Housing published the results of a recent survey. The survey asked local authorities if they had processes in place to ensuring developers provide the social housing they are required to under s. 106 Agreements. Of the 41 councils asked, most confirmed that they had proper…

Forbes advises on engineering deal

09/01/17

Forbes Solicitors' Corporate & Restructuring Team has advised on a deal in which Netenvoy Ltd was purchased by one of its co founders and shareholders. Netenvoy Ltd, which was founded in 1984 and trades as Pyramid Tool and Die, has been acquired by Paul O' Brien from his fellow…

Legal Advice Privilege- Only for the Select Few

06/01/17

The High Court in the recent case of The RBS Rights Issue Litigation [2016] EWHC 3161 (Ch) confirmed that the definition of legal advice privilege only extends to correspondence with employees who are authorised by the company concerned to obtain and receive legal advice on the company's behalf…

Injured horse rider loses negligence claim

01/01/17

Tina Blandford v (1) Forestry Commission (2) Steven Edmunds (T/A D.M. Edmunds & Son) (3) Woodgate Sawmills Ltd (2016) CC (Bristol) (Judge Lambert) 14/10/2016 The Claimant was riding a horse through woodland in the Forest of Dean with two friends on a trail they had used regularly. The Claimant…

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