Legal Article
21/12/17
The BBC has today reported these figures. They would appear to point to an alarming number of incidences. It is important however to distinguish the nature of the incidents and near misses and look at the reason for the rise. NHS Improvement confirm that of the number of mistakes, 63,380 resulted…
Legal Article
19/12/17
Powell v Lancaster City Council The Claimant alleged that during the course of his employment as a paramedic he attended a property owned by the Defendant. It was dark and as he approached the property carrying a defibrillator he twisted his ankle on the driveway suffering a personal injury to…
Legal Article
18/12/17
The recent case of Christodoulides v Marcou gives a rare example of a successful challenge to the validity of a will on the basis of fraudulent calumny. What is fraudulent calumny? Fraudulent calumny involves a person making false representations about another person, to a testator, with a…
Legal Article
14/12/17
If you are faced with the situation where you have to take one of your clients to Court to recover your unpaid invoices, then it helps to know the legal costs and potential recovery of those costs in bringing a claim. This include but are not limited to: · Court fees ·…
Legal Article
14/12/17
Forbes Solicitors' is celebrating after its Housing & Regeneration Team were highly ranked in the prestigious Chambers 2017 Guide and Legal 500. Forbes are ranked as Band 1 in Chambers & Partners for Social Housing, with Lucy Worral…
Legal Article
08/12/17
Q. There has been some confusion that has arisen as to the exact salary of a part-time worker. The contract does not state the salary but only refers to it being pro-rated to the full time equivalent. How can we ensure certainty in the future? A. Whilst it is common practice to state that a…
Legal Article
08/12/17
The immediate answer in everybody's mind would be yes - especially in schools where the burden for employment checks is especially high. S15 of the Immigration, Asylum and Nationality Act 2006 makes it unlawful for an employer to employ and adult who is subject to immigration control. However,…
Legal Article
07/12/17
Advantage Insurance Ltd v Christopher Ewere (2017)QBD (Slade J) 16/11/2017 A person who falsely claimed to have been in a parked car when it was struck by another has been found in contempt of court. The defendant, Mr Ewere, brought a personal injury claim against the driver who bumped into…
Legal Article
07/12/17
A Claimant has been forced to discontinue her substantial claim for personal injury in the face of overwhelming evidence in support of a McGeown defence. The Claimant alleged that she slipped and fell on a slippery substance whilst walking on a footpath between a supermarket and a public car park…
Legal Article
07/12/17
Forbes successfully defended an attempt by Claimant solicitors to obtain more lucrative fixed costs after the matter fell out of the portal following a failure by the Claimant to submit the correct CNF. The Claimant was injured whilst working on a building site operated by the Defendant. The…
Legal Article
07/12/17
Smith v (1) Lancashire Teaching Hospitals NHS Trust (2) Lancashire Care NHS Foundation Trust (3) Secretary of State for Justice [2016] EWHC 2208 (QB) A woman has successfully fought for the right for unmarried persons to receive bereavement damages after her partner of 16 years died as a result…
Legal Article
07/12/17
BNM v MGN LTD (2017)[2017] EWCA Civ 1767 CA (Civ Div) In this anticipated Judgment the Court of Appeal overturned the decision of the Senior Costs Judge and confirmed that the old proportionality test applies to pre-commencement and recoverable additional liabilities. The Claimant had…
Legal Article
07/12/17
Budana (Appellant) v Leeds Teaching Hospitals NHS Trust (Respondent) & Law Society (Intervener) (2017)[2017] EWCA Civ 1980 The Court of Appeal has ruled that the transfer of a CFA entered into before 1 April 2013 from one law firm to another was valid and that the success fee was also…
Legal Article
06/12/17
From January 2018, new rules will be implemented meaning that victims of domestic violence will no longer have to face harsh evidence tests to qualify for legal aid. Through successful campaigning by support groups and the Law Society, time limits preventing victims of domestic violence from obtaining…
Forbes News
06/12/17
Leading law firm Forbes Solicitors has enhanced its work in the pensions sector by joining the Association of Member-Directed Pension Schemes (AMPS). AMPS is a body which represents the SIPP (Self-Invested Personal Pension) and SSAS (Small Self-Administered Pension Schemes) industry and…
Legal Article
01/12/17
Jeremy Hunt has announced a welcome change for families suffering with a full term still birth or life changing injuries to babies who will be offered an independent investigation by a Coroner. Currently they only look into the death of babies who show signs of life after being born. This is a move…
Forbes News
30/11/17
Forbes Solicitors has announced two promotions within its expert Housing and Regeneration Team. Justine Hunkins has been made Partner and Jennifer Hankinson is now an Associate at one of the North's leading law firms. Justine is Head of the highly successful specialist Housing…
Legal Article
27/11/17
A recent case has highlighted the uncertainty surrounding deathbed gifts, and the importance of seeking legal advice if you or a loved one are considering making a deathbed gift. A deathbed gift is a gift made in contemplation of death, conditional on death. While in some instances these gifts may be…
Legal Article
23/11/17
Changes to the way CHAPS operates means that to the latest editions of Standard Commercial Property Conditions (SCPCs) and the Standard Conditions of Sale (SCSs) require amendments which are the standard terms frequently incorporated into property transactions. CHAPS (the Clearing House Automated…
Forbes News
23/11/17
Burnley-based refrigeration specialist CoolKit has expanded its manufacturing facilities by a further 60 per cent. This is the second time in less than two years that the growing company has expanded its footprint. The latest deal has seen them secure new premises comprising of 25,000 square feet…
Legal Article
22/11/17
A recent Court of Appeal decision has highlighted the importance of ensuring that a partnership arrangement is properly documented. In Cheema v Jones , two GP's (A and B) entered into a partnership to provide medical services, the terms of which were set out in an agreement dated April 2016…
Legal Article
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…
Legal Article
21/11/17
Metropolitan Police v Denby UKEAT/0314/16/RN [2017] The Claimant, a male officer, was leader of a group within a local force which was consisted of mainly male officers. There was a clear deficiency in gender diversity within this particular group of officers. Deputy Assistant Commissioner…
Forbes News
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…
Legal Article
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…
Legal Article
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…
Legal Article
20/11/17
Tinsley v Manchester City Council & South Manchester Clinical Commissioning Group (Interested Party) & Local Government Association (Intervener) (2017)[2017] EWCA Civ 1704 The question before the Court of Appeal was whether a person who was compulsorily detained in hospital for a mental…
Legal Article
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…
Legal Article
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…
Legal Article
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…
Forbes News
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…
Legal Article
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 who…
Legal Article
14/11/17
Whether or not the security of tenure provisions contained in the Landlord and Tenant Act 1954 ("the LTA 1954") are included in a commercial lease, can often be one of the most important considerations for a landlord. Sections 24 to 28 of the LTA 1954 provide a framework for lease renewal in…
Forbes News
14/11/17
The Corporate Finance team at PM+M - the Blackburn based chartered accountancy, business advisory and wealth management group - along with Forbes Solicitors' Corporate team, have acted for the Bury-based heat treatment arm of WHT Holdings Limited in its acquisition of Metaltech Limited. The value of…
Legal Article
10/11/17
All girls can get the HPV vaccine free from the NHS from the age of 12 until their 18 th birthday. Cervical cancer is the most common cancer in women under the age of 35 in the UK and it helps protect against it. Gardasil is the vaccine used by the NHS to protect against 4 types of HPV which cause…
Legal Article
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…
Legal Article
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…
Legal Article
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…
Legal Article
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…
Legal Article
31/10/17
The Society of Trust and Estate Practitioners (STEP), is an organisation devoted to improving public understanding of the issues families face in relation to inheritance and succession planning. Promoting education and high professional standards among all of its members is vital to STEP. A number…
Legal Article
26/10/17
An unsurprising revision has recently passed through the Upper Tribunal, in the case of McQuillan v HMRC . The First-Tier had decided in favour of the McQuillans, in relation to their attempts to claim for entrepreneur's relief when selling ordinary voting shares in their company. In the definition…
Forbes News
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 News
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…
Forbes News
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 News
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…
Legal Article
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…
Legal Article
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…
Legal Article
18/10/17
It has been announced by the Land Registry that in relation to first registration applications for freehold and leasehold titles they are widening the rejection criteria. This came into effect on 14 August 2017 and will be reviewed in November 2017. First registrations mainly apply to unregistered…
Legal Article
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…
Legal Article
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…
Legal Article
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…
Legal Article
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…
Legal Article
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…
Legal Article
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…
Legal Article
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…
Legal Article
17/10/17
QOCS Prevents Defendants from Setting off Costs against Damages Awarded to a Claimant by Another Defendant In the recent Judgment of Bowman v Norfran Aluminium Ltd (1), R M Easedale and Co Limited(2), Norfran Ltd(3) the Court dismissed the second Defendant's Application to recover its…
Legal Article
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 News
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…
Legal Article
12/10/17
On 9 October 2017 it was reported that foster carer, Sarah Anderson has lodged an employment status and unpaid holiday claim with the Employment Tribunal against Hampshire County Council. In what could possibly be a landmark case, Ms Anderson wishes to obtain 'worker' status for foster carers. A '…
Legal Article
11/10/17
Case Name : Marsh v Ministry of Justice [2017] EWHC 1040 (QB) Legal point of interest : The common law duty of care towards employees to prevent exposure to any foreseeable risk of injury and/or psychiatric damage. Facts In January 2009, Mr Marsh, Prison Officer, was accused by a…
Legal Article
11/10/17
The recent BBC drama Doctor Foster shone a light on the ugly side of divorce. Having exposed her husband's betrayals in the finale of series 1, this series showed how the spouses' destructive behaviour towards each other drove their 15 year old son to desperate measures. Below are 5 common myths…
Legal Article
10/10/17
The case of A Local Authority v The Mother & Another (2017) EWFC B59 raises interesting questions. Could the public money that a Local Authority expends to remove a child from their parent, be better invested at a much earlier juncture in the social work process, in the sourcing and commissioning…
Forbes News
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…
Forbes News
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…
Legal Article
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…
Legal Article
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…
Legal Article
02/10/17
Women's Aid state that twenty children have been killed by a parent who was also a known perpetrator of domestic abuse. The vast majority of these cases had been to court and Orders were made stating that the children were to have contact with or even reside with the perpetrator of domestic abuse.…
Legal Article
29/09/17
We have all heard the stories of how people attend a property auction and bought a property for an unbelievably low price. The process can prove exciting and potentially profitable; however it is essential that you proceed with caution! Once you have identified a property that you are interested in,…
Legal Article
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 who…
Legal Article
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…
Legal Article
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 Bărbulescu, a Romanian software engineer, was…
Legal Article
21/09/17
Flying Freeholds often rear their heads at the most inopportune moments; they are most commonly discovered when purchasing a property or part of a property. This is obviously never a good time to discover any issues, let alone ones that can impact upon the use and viability of the property. A Flying…
Forbes News
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…
Legal Article
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…
Legal Article
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…
Legal Article
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,…
Legal Article
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…
Legal Article
31/08/17
The late payment of invoices is one of the biggest problems businesses face according to BACS. In a 2017 study, the bank automated clearance scheme found that SMEs were collectively facing £14.2bn in late payments and commercial bad debts. While late payments from a customer can be difficult to…
Legal Article
25/08/17
Over recent years there has been a vast increase in the number of leasehold properties being registered at the Land Registry. The number of leasehold properties in England and Wales has almost doubled between 1996 and 2015. Leasehold properties can seem appealing on the surface, often being…
Legal Article
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…
Legal Article
24/08/17
Customers paying late is one of the biggest issues for the UK's SMEs. According to insurance company Zurich , the total 'late payment debt' for both large and small businesses in the UK now stands at £44.6 billion. It can be hard to avoid late payment, but there are some procedures you can…
Legal Article
24/08/17
Preparing for GDPR The General Data Protection Regulation (GDPR) due to enter into force on 25 May 2018 is set to bring in a number of changes to the current data protection regime as set out in the Data Protection Act 1998 (DPA). The Government has confirmed that the GDPR will apply and in its…
Legal Article
22/08/17
The review made by the midwifery standard body will seek to replace the word 'normal birth' with 'physiological birth'. The connotations of 'normal birth' have long been associated with birth without medical interventions such as caesareans, epidurals and instrumental delivery. Delivery by these…
Legal Article
22/08/17
Last week, a retired senior Court of Protection Judge, Denzil Lush commented that Lasting Powers of Attorney (LPAs) leave vulnerable elderly people open to financial abuse.LPAs are important legal documents, which allow a person to appoint someone (or more than one person) to make decisions on their…
Legal Article
21/08/17
The Standard Commercial Property Conditions (SCPC) are a set of conditions to be incorporated into a contract for sale or grant of a lease of commercial property. Most conditions that are needed in a contract are similar and the SCPC are a set of conditions that have been drafted by an independent body…
Legal Article
21/08/17
A Landlord and Tenant may have entered into an arrangement for the leasing of a property for a fixed period of time, but both parties should be aware from the outset that the Landlord and Tenant Act 1954 ("LTA 1954") provides for the lease to potentially be renewed at the end of the…
Legal Article
10/08/17
It is reported in the Times that it is the first time that there has been more than 4000 cancelled urgent operations in the year from July to June, with the highest number in June. "Urgent" operations include those that must be done within hours to save the patient's life, limb or organ.…
Legal Article
10/08/17
Resolution are the forefront of a campaign for a "no fault divorce" in Engand and Wales and have now been instrumental in assisting Mrs Owens being granted pernission to appeal to the Supreme Court. Mrs Owens in 2015 petitoned for divorce against her husband and relied upon his 'unreasonable behaviour…
Legal Article
08/08/17
The Employment Appeal Tribunal (EAT) has handed down its decision in the case of Dudley Metropolitan Borough Council v Mr G Willetts and Others (UKEAT/ 0334// 16/JOJ). The EAT has held that voluntary overtime does fall within the scope of Article 7 of the Working Time Directive and so, within the…
Forbes News
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,…
Legal Article
03/08/17
The Supreme Court, on 26th July 2017, in the matter of Birch v Birch, over-turned the decision of a lower court in relation to the ability to 'vary' an undertaking that had been made in financial remedy proceedings. An undertaking, commonly used within family proceedings, is a formal promise to the…
Forbes News
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…
Legal Article
02/08/17
Family Court proceedings can be an emotional and difficult time for families, especially the children involved. A High Court Judge informed a 14 year old boy, by writing to him direct, explaining how he had reached his decision that he must remain in his mother's care. Referring to the child using…
Legal Article
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…
Legal Article
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…
Legal Article
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…
Legal Article
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…
Forbes News
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…
Legal Article
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…
Legal Article
27/07/17
Morton v Linden Homes - Sheffield County Court - June 2017 The Claimant, an employee of a sub-contractor, alleged that he sustained injury whilst working on a building site where the Defendant was the Principal Contractor. He claimed that he had been instructed to work on a brick garage by the…
Legal Article
27/07/17
Since the introduction of the Jackson reforms, costs management has become an integral part of multi track litigation. However many aspects of the new costs regime still remain unclear; in particular the relationship between cost budgeting and detailed assessment. Cost budgeting As a general…
Legal Article
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…
Legal Article
26/07/17
On the evening of 17 July 2017, the Family Legal Professional advised that there would be dramatic changes to the style of the Divorce Petition when issuing Divorce Proceedings. The new style Divorce Petition will come into effect on 7 August 2017 however, there will be a transitional period to allow…
Legal Article
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…
Legal Article
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…
Legal Article
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…
Legal Article
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…
Legal Article
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…
Legal Article
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…
Legal Article
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…
Legal Article
17/07/17
Mr. Walker entered a civil partnership in January 2006 which was later converted into a marriage. Mr. Walker's employer refused to pay a full spousal pension on the basis that his service began before the Civil Partnership Act came into force. This meant that under the current law Mr. Walker's…
Legal Article
17/07/17
Briggs v CEF Holdings Ltd (2017)CA (Civ Div) (Gross LJ, Asplin J) 13/07/2017 The Court has overturned a district judge's decision not to make the usual costs order following the late acceptance of a Part 36 offer by a claimant. The Facts The claimant injured his foot in a workplace…
Legal Article
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 News
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…
Legal Article
11/07/17
Latest reports show that HMRC collected over £5.1bn in inheritance tax over the last year, which is the first time in history this figure has exceeded the £5bn mark. So why the increase? One of the main reasons can be put down to the fact that property prices, particularly in the South of…
Legal Article
06/07/17
With the rise in holiday rentals, Airbnb has become a popular platform for short-term lets, allowing hosts to advertise all or part of a property for rent, whether it be a penthouse apartment, a tree house or even still, a boat. Airbnb, a company which started in San Francisco with a small apartment…
Legal Article
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.…
Forbes News
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…
Legal Article
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…
Legal Article
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…
Legal Article
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…
Legal Article
27/06/17
Until recently, it was simply to be expected that partners who failed to produce a partnership return in time to HMRC would face a fine. However, the First-tier Tribunal has now reduced penalties for a case where the same information required was already submitted, within the partners' own separate…
Legal Article
27/06/17
The High Court has recently passed a rare order, rectifying a company's register of members under section 125 of the Companies Act 2006 - before grant of probate was attained. In the case of Kings Court Trust Ltd and others v Lancashire Cleaning Services Limited , the sole member and director…
Legal Article
27/06/17
On Friday, the Charity Commission published its Inquiry Report following lengthy engagement with an educational charity governed by trust deed. The principal activity of the Rabia Educational Trust is the operation of an independent school and its charitable objects are "to advance the education…
Legal Article
26/06/17
Through last week's 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…
Legal Article
23/06/17
The Queens Speech at the State Opening of Parliament confirmed that the government remains intent on tackling the compensation culture and amending the Court system. Despite shelving some of the promises contained in the Conservative manifesto, the Queen announced that a Civil Liability Bill will…
Legal Article
23/06/17
Hartley and ors. V King Edward VI College [2017] UKSC 39 On February 1 2017 the Supreme Court allowed an appeal by the Claimants in this case, who sought to challenge the Court of Appeal's ruling that strike pay should be calculated as 1/260. The Claimants were lecturers at the…
Legal Article
22/06/17
Through yesterday's 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…
Forbes News
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…
Forbes News
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…
Legal Article
12/06/17
President of the High Court's Family Division, Sir James Munby, has proposed that the process of obtaining a divorce should be kept separate from determining financial settlements. His suggestion is aimed at reducing the pressure within the family courts, stating that the majority of a judge's time is…
Legal Article
12/06/17
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 Social…
Legal Article
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…
Legal Article
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…
Legal Article
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…
Legal Article
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…
Legal Article
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…
Forbes News
08/06/17
The New Debt Protocol comes into force on 1 October 2017 and you need to prepare for the debt recovery consequences now! Not only does the new protocol increase the burden on creditors it also could leave you without payment for even longer. Who does the protocol apply to? It applies to any…
Legal Article
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…
Forbes News
24/05/17
Forbes Solicitors' Corporate team has acted for Blackburn-based horticultural services business Botanical Group Services Limited over its sale to Nurture Landscape Holdings Limited, together with PM+M Corporate Finance. The business provides a wide range of horticultural and grounds services…
Legal Article
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…
Legal Article
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…
Legal Article
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…
Legal Article
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…
Legal Article
19/05/17
Ahead of the general election in June, Teresa May has announced the Conservative manifesto which plans to introduce some new measures in respect of paying for care both at home and in a care home. Under the current system, if an individual has more than £23,250 in assets, including the value of…
Legal Article
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 injury…
Forbes News
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…
Forbes News
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…
Legal Article
15/05/17
Courts have awarded the estranged wife of a former oil and gas trader £453m in what is thought to be one of the largest divorce settlements awarded in the UK. The couple had been married for just over 20 years having met in Moscow in 1989. The husband tried to argue that the marriage had ended…
Legal Article
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…
Legal Article
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…
Legal Article
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…
Legal Article
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…
Legal Article
10/05/17
The recently heard Court of Appeal case of London Borough of Hackney v Williams and Anor [2017] EWCA CIV 26 now permits local authorities to accommodate children under Section 20 of the Children Act 1989 without parental consent, contrary to previous widely-accepted case law. The case of London…
Legal Article
27/04/17
Following the introduction of the new Residence Nil Rate Band in April, it is now an ideal time to review your current will and ensure that it not only meets your current needs but is also tax efficient. Many people, particularly married couples, still have wills in place leaving a gift of the Nil…
Legal Article
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…
Legal Article
26/04/17
Investigations into a cluster of NHS baby deaths highlight the pitfalls of the 'wait and see policy' adopted by many hospitals during childbirth. A BBC investigation has identified at least 7 deaths during childbirth in less than 2 years at the Shrewsbury and Telford Hospital NHS Trust. In the sad…
Legal Article
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…
Legal Article
23/04/17
It has recently emerged that Victoria Beckham has registered her five year old daughter Harper's name as a trademark in the UK and Europe, along with the names of her three sons. This move has attracted both criticism and comment towards Victoria, but the reality is that this is a smart commercial…
Legal Article
21/04/17
The Reporting on Payment Practices and Performance Regulations 2017 have very recently come into force. These regulations impose new duties for qualifying large companies and LLPs to comply with. Such qualifying companies must now publish a report detailing their payment practices in relation to "…
Forbes News
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…
Legal Article
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.…
Legal Article
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…
Legal Article
18/04/17
Justice Secretary Liz Truss announces new law that makes sexual communication with a child a criminal offence with effect from 3 April 2017 In October 2014 the NSPCC launched their 'Flaw In The Law' campaign to call for a clear new offence that would make it always illegal for an adult to send a…
Legal Article
13/04/17
With just over a year to go before the General Data Protection Regulation (GDPR) enters into force you may have started to think about how this impacts your business. A risk based approach is becoming more important because not only are you required to act within the law, you will be required to…
Legal Article
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…
Legal Article
11/04/17
Together Housing Association have taken legal action to secure an Injunction, Exclusion, Power of Arrest as well as a Possession Order to prevent ongoing drug related anti-social behaviour. The complaints included, amongst other things, the Defendants and their associates displaying drunk and drug…
Legal Article
10/04/17
The most daunting aspect for couples once they decide to go ahead with a divorce is the impact of finances. Consideration needs to be given to the methods that are available and to talk through financial issues in order to reach the best, fair and desirable financial settlement. Financial issues are…
Forbes News
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…
Legal Article
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…
Legal Article
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…
Legal Article
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…
Legal Article
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…
Forbes News
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…
Legal Article
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…
Legal Article
06/04/17
The growing opinion of shareholders and directors alike is that attendance of annual general meetings, and overall participation in such meetings, is on the decrease. However, there may be a solution on the horizon. Last year, Jimmy Choo PLC held the first "virtual" AGM of a UK listed…
Legal Article
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…
Forbes News
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…
Legal Article
05/04/17
From the humble beginnings of a £100 loan, to a business sale of £95 million; it seemed like Karen Millen's success story had already reached the part where they all lived "happily ever after". The latest chapter however reveals that Millen has now been declared bankrupt,…
Legal Article
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…
Legal Article
03/04/17
With effect from 1 April 2017, the fee payable to the Office of the Public Guardian to register a Lasting Power of Attorney (or an old-style Enduring Power is Attorney) has been reduced from £110 to £82. A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint…
Forbes News
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…
Legal Article
28/03/17
Following replies to Commercial Property Standard Enquiries being received, the buyer being satisfied with the search results, and contracts having been agreed and exchanged the next step would be for completion to take place. Often completion will take place after exchange, however it is not uncommon…
Legal Article
24/03/17
The requirement to give notice is an important part of an employment contract and is normally set out in an express term. If a contract is silent on when notice is deemed to be given, there is an implied term for a party to provide reasonable notice . Any failure to provide the required notice is…
Legal Article
24/03/17
We have been alerted that businesses are being targeted by fraudsters as part of a new Domain Name Fraud. This new scam involves fraudsters contacting businesses with an opportunity to purchase a domain name which appears to be suitable for that particular business. Pressure is put on the…
Forbes News
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…
Legal Article
21/03/17
O'Brien v Bolton St Catherine's Academy [2017] EWCA Civ 145 Mrs O'Brien was Head of ICT at Withins School, Bolton and subsequently St Catherine's Academy, Bolton after the School converted into an Academy. Mrs O'Brien was assaulted at the School by a pupil, which although she…
Legal Article
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…
Legal Article
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…
Legal Article
16/03/17
Yesterday, the UK Supreme Court handed down the hotly-anticipated judgment in Ilot v Mitson *and has re-affirmed the principle of 'testamentary freedom'. Testamentary Freedom is a long-standing principle in English Law, meaning that a person has the freedom to choose who they wish to benefit…
Legal Article
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 News
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…
Legal Article
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…
Legal Article
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…
Legal Article
14/03/17
The Sentencing Council have released updated Definitive Guidelines on the Reduction in Sentence for a Guilty Plea. The purpose of the guidelines is to encourage those who are going to plead guilty to do so as early in the court process as possible. The Guidelines come into force from 1 June 2017.…
Legal Article
14/03/17
On 28 February 2017 the Homes and Communities Agency published the latest quarterly survey covering the period 1 October to 31 December 2016. The report is based on regulatory returns from 236 private registered providers (PRPs) who own or manage more than 1000 homes. The surveys acts as a source…
Legal Article
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…
Legal Article
13/03/17
Jack Monroe v Katie Hopkins [2017] EWHC 433 (QB) Katie Hopkins is notorious for her controversial views and her outspoken comments. Two misplaced tweets on Twitter have this week cost her £24,000 in damages and over £107,000 in legal fees. In May 2015, Katie Hopkins tweeted: "@…
Legal Article
09/03/17
Despite strong opposition from the legal profession, including bodies such as Solicitors for the Elderly and STEP, the government has announced that from May probate fees will increase significantly. Currently, when making an application for a Grant of Probate via a solicitor, the Probate Registry…
Legal Article
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…
Legal Article
02/03/17
Unfortunately in any profession or trade, there any companies and tradesman who are out to rip people off and the legal market is no exception. In my field of expertise namely wills, estate planning and probate, there are many companies out there who offer either very heavily discounted fees often with…
Legal Article
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…
Legal Article
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…
Legal Article
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…
Legal Article
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…
Legal Article
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…
Legal Article
01/03/17
A project carried out by academics at, Sheffield, Huddersfield, Cardiff, Edinburgh, Coventry and Queen's University Belfast and funded by the Nuffield foundation has found that children in the UK's poorest areas are 10 times more likely to taken into care or placed on a child protection plan. "…
Forbes News
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 News
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…
Legal Article
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: "…
Legal Article
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…
Legal Article
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…
Legal Article
24/02/17
The Law Society have reported and welcomed the removal of a five-year time limit on evidence of abuse which prevents vulnerable victims of domestic violence from obtaining legal aid for court hearings. When dealing with victims of domestic violence availability of legal aid is important as without…
Legal Article
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…
Legal Article
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…
Forbes News
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.…
Legal Article
16/02/17
In order to sell a commercial property the buyer's solicitor will request that the seller's solicitor deduce the title to them as part of their due diligence requirements. This is because of the "buyer beware" caveat in property transactions that it is the buyer's responsibility…
Legal Article
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 going…
Legal Article
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 &…
Forbes News
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…
Forbes News
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…
Legal Article
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…
Legal Article
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…
Legal Article
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.…
Legal Article
10/02/17
Pimlico Plumbers' latest attempt to establish that their workforce is self-employed has failed. The London-based firm Pimlico Plumbers provides domestic maintenance requirements for both individual homes and businesses. Charlie Mullins, the founder, employs a workforce of over 270 skilled tradesmen…
Legal Article
09/02/17
15 years after divorce and a sealed, binding Court Order, Mrs Mills makes an application to the Court for an increase in her spousal maintenance. Mr Mills argued that at the time of the divorce, he had provided his Wife with £230,000 lump sum and £1,100 per month in spousal maintenance. …
Legal Article
09/02/17
There was a decision made by a Judge in the case of Glen Wiers who now has a multimillion pound fashion empire. A final financial settlement order is made 10 years after divorce. It is reminder to all, that once Decree Absolute is pronounced, it is important that financial matters are also resolved…
Legal Article
09/02/17
A woman was denied access to her late partner's work pension, because they were not married. Denise Brewster had argued that she was a victim of discrimination and took her case to the UK's Highest Court. The Supreme ruled in her favour on Wednesday 8 February 2017. The legal argument run was that…
Legal Article
09/02/17
Contracting authorities regularly consider collaborations with other contracting authorities including public authorities. For the purposes of the Public Contracts Regulations 2015 (2015) these have become known as the in-house exception ( Teckal ) and the co-operation exception ( Hamburg ). However…
Legal Article
09/02/17
The first part of our series of articles on the Forbes fixed fee sale package focusses on the initial consultation with a solicitor in our Commercial Property team. Once you instruct Forbes to act on your behalf in relation to the sale of your commercial property, you will be invited to attend a…
Legal Article
08/02/17
The Law Gazette has reported that Stoke County Court awarded indemnity costs against a defendant in the matter of Car Craft Test Centre and Martin v Trotman & Advantage Insurance Company. The Defendant accepted a Claimant's Part 36 offer 10 months out of time, but before trial, under the…
Legal Article
08/02/17
Michael Crawley v Barnsley Metropolitan Borough Council (2017) [2017] EWCA Civ 36 CA (Civ Div) (Jackson LJ, Briggs LJ, Irwin LJ) 02/02/2017 A local authority appealed to the Court of Appeal after a jogger who tripped in a pothole and suffered injuries was awarded damages. The Claimant tripped…
Legal Article
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…
Legal Article
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…
Legal Article
03/02/17
The Family court will be making changes ending the presumption that there should be "contact in all cases" when involvement of a parent would put the child or other parent at risk of suffering harm from abuse. Mr Justice Cobb has produced a report that sets out the amendments to the current practice…
Legal Article
02/02/17
The Commercial Property Department at Forbes are currently offering a fixed fee sale package for clients looking at selling their commercial property . At Forbes we understand that clients want to proceed as quickly as possible to secure their sale and obtain the sale proceeds. That is why we have…
Legal Article
02/02/17
You will recall our previous blogs following the development of the argument that fixed costs apply to PADs. Forbes had been running this argument since the implementation of the fixed costs regime and of course had the first known County Court Appeal which for many firms was the end of the matter.…
Legal Article
31/01/17
In the fashion business, the copying of designs is so common that it appears to be almost accepted and normal, and when everybody is working with the same colour and style ideas, accidental similarities can easily look like copying. From the moment celebrities are spotted wearing the latest fashion…
Legal Article
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…
Legal Article
31/01/17
Masters-Anthoni v Coast and Country Housing Limited Middlesbrough Appeals Centre The Claimant alleged that when she moved into a rented property a number of paving slabs were stacked together and leaning against a fence, a month later the Claimant fell over the paving slabs and sustained an…
Legal Article
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…
Legal Article
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…
Legal Article
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'…
Legal Article
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…
Legal Article
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…
Legal Article
27/01/17
Certain registered charities ware under a legal obligation to file certain information to the Charity Commission by 31 st January 2016. For those charities with an obligation to file failing to do so can result in consequences. Requirement and Consequences A number of charities with an income…
Legal Article
26/01/17
Rent reviews can give a landlord the ability to ensure that they are charging the market rent for their given commercial premises. They can also prove to be a useful bargaining tool for landlords and tenants when negotiating Heads of Terms. The rent review clause sets out when each review will take…
Forbes News
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…
Legal Article
24/01/17
The Supreme Court has this morning passed a landmark ruling, holding that Parliament must first vote on whether the Government can commence with the Brexit process. The Supreme Court said that "By a majority of 8 to 3 … the government cannot trigger Article 50 without an act of Parliament…
Forbes News
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…
Legal Article
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…
Legal Article
23/01/17
The future of supported housing is far from clear. Changes to funding without a formula that works for all parties may result in a shortage of schemes, with fewer housing units and potentially a reduction in suitable places for the most vulnerable. The Department for Communities and Local Government (…
Legal Article
23/01/17
For the next topic in our series on types of rent review, we shift to "geared" rent reviews (also known as "side-by-side" rent reviews). Geared rent reviews are usually only applicable in a lease between a Superior Landlord and a Tenant (often a developer or investor), where there…
Legal Article
23/01/17
One thing we definitely know is that if Theresa May gets her way then 'Brexit means Brexit' but following the Prime Minister's speech this week, we do at least know a little bit more about what we will be looking at should she get her way for Britain. Whilst there is a commitment to try…
Legal Article
20/01/17
With the uncertainty that we as a country are faced with at present, we have often been asked the question by businesses as to what Brexit means both practically and legally for them. Whilst in the short term, many of the EU laws by which we are governed will be applied under a "Great Repeal Bill&…
Legal Article
20/01/17
We often find that entrepreneurs are so busy setting up or running their businesses that they have little time to think about the legal aspect of their business. Does your business have a set of terms and conditions in place, and if so, when was the last time these were reviewed? The…
Forbes News
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…
Legal Article
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…
Legal Article
17/01/17
A survey of over 1,000 parents carried out by Investec Investment and Wealth* has revealed that around 30% of adults are unwilling to provide their married children with an inheritance because of concerns about divorce. 14% of those surveyed said they had "little or no confidence" that their…
Legal Article
16/01/17
The Companies Act provides strict rules governing those situations where directors have an actual or potential conflict of interest with their company, for instance a Substantial Property Transaction (SPT). An SPT involves a contract directly or indirectly between a director of the company (or…
Legal Article
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…
Legal Article
11/01/17
As it comes to the New Year and January, most people make a New Year's resolution. Often after a tension filled Christmas, people decide whether or not their relationship is still worth continuing with. January is referred to as "D Day", being one of the most common months that people…
Legal Article
10/01/17
Compliance with Subject Access Requests (SARs) can be a lengthy and costly exercise especially where the request may involve reviewing a large volume and range of documents. In the recent case of Dawson-Damer and Others v Taylor Wessing LLP , the High Court provides useful guidance regarding the right…
Forbes News
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 Article
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…
Legal Article
05/01/17
Often commercial leases contain rent review provisions which are intended to determine the amount of rent payable at various stages during the life of a lease. The frequency that a rent review occurs can vary per lease as it will depend on what the lease stipulates, however a rent review period every 3…
Legal Article
04/01/17
The UK Government has announced a new mandatory Code on Sports Governance that will apply to any sports body in receipt of government funding. The Code comes in force at a good time, in light of the recent abuse allegations linked with some London premier league clubs. The new Code contains a…
Legal Article
04/01/17
The Charity Commission, who act as an independent regulator of charities in England and Wales, has opened a statutory inquiry into Cardiff Sixth Form College, registered charity number 1123262. The college and charity aims to advance the education of young people in Cardiff and to support other…
Legal Article
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…
