Archived News from 2018

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December

Legal Article

Government loses indirect discrimination appeal

27/12/18

A claim was brought by around 230 judges challenging the government's decision forcing younger judges to leave the judicial pension scheme. Members closest to retirement age were permitted to remain on the scheme, whilst younger judges were transferred to a less generous scheme. The judges claimed…

Legal Article

Uber unsuccessful in the Court of Appeal in challenge to worker status

21/12/18

The Court of Appeal upheld the decision of the Employment Appeal Tribunal in Uber BV v Aslam & ors confirming Uber drivers' status as workers as opposed to self-employed contractors. Using an app provided by Uber, passengers can book rides with drivers. The drivers are free to choose when…

Legal Article

Ministry of Justice proposal to test a 6 months wait for Divorce

19/12/18

The Ministry of Justice wants to test a minimum six-month wait for a Decree Absolute to be granted. The basis of this is that the Ministry of Justice thinks this will allow a sufficient period for most couples to consider the implications of divorce and reach a practical agreement on arrangements whilst…

Legal Article

Maintenance within Financial Remedy Proceedings

19/12/18

A wife challenged a recent Court of Appeal decision to end periodic payments from her ex-husband. The Supreme Court confirmed it's refusal for permission to appeal because the application did not raise an arguable point of law. The decision means family lawyers will have to wait for further…

Legal Article

Questions we have been asked this month

19/12/18

Use of school facilities for breakfast clubs and other after school activities - what are the school's responsibilities when hosting these activities? The responsibilities that a school may have when its facilities are being used for breakfast clubs and other after school activities will…

Legal Article

Managing the performance of employees with disabilities

19/12/18

Where there are issues with an employee's performance, employers should always consider whether a disability could be affecting their behaviour or ability to perform. A disability is defined under the Equality Act 2010 (Act) as 'a physical or mental impairment which has a substantial and…

Legal Article

Kevin the Carrot and the Copyright Conundrum

18/12/18

On the first day of Christmas, my true love gave to me…a Carrot in breach of IP? There are few advertising images more iconic than the sight of a big red truck merrily rolling through snow covered village streets. For many, it is the image that announces the official start of the Christmas…

Legal Article

Pressure on Local Authorities and Social Workers Increases

18/12/18

The extent of pressure being felt by Local Authorities and in particular Social Workers working with children is starkly laid bare by recent statistics produced by the Department of Education. The headline grabbing figures are somewhat shocking. Councils in England started almost 200,000…

Legal Article

HSE Urges Schools to Review Traffic Arrangements after the Death of a Pupil

17/12/18

Bridgend County Borough Council has been fined after a boy ran into the path of a school bus and was killed. In 2014, the boy had finished school and was crossing the road to board his bus home when the collision with a minibus took place. The HSE found that the layby created before the school…

Legal Article

Schools are you prepared for winter?

17/12/18

Following a week of snow and plummeting temperatures it is the ideal time to consider whether your organisation is prepared for all the winter season might have to offer. Here is a quick checklist to ensure that you have appropriate systems in place and taken the necessary steps to protect staff, pupils…

Legal Article

"DIVORCE DAY": is it a Myth?

13/12/18

The first working Monday of the New Year has been dubbed "Divorce Day" by the press, as it is claimed to be the busiest day of the year for family lawyers, with unhappy couples queuing up to formally end their marriage - but is this just a myth? Whilst the idea of people queuing up to end…

Forbes News

Forbes Raises £2,961 For Hospices During Wills Weeks

11/12/18

Solicitors from Forbes have helped raise £2,961 for two Lancashire hospices by donating their services for free during Wills weeks. During the fundraising events at St Catherine's Hospice, Lostock Hall, and East Lancashire Hospice, Blackburn, the Forbes Wills Team waived their normal fee…

Legal Article

Are parents always to blame?

10/12/18

Caine Ellis (A Child By His Grandmother & Litigation Friend Janet Titley) (Claimant) v Paul Kelly (Defendant/Part 20 Claimant) & Violet Ellis (Part 20 Defendant) (2018) [2018] EWHC 2031 (QB) Are the parents always to blame? In 2008, Caine Ellis, then aged 8, was knocked down by a car and…

Legal Article

Assessing proportionality: Tenancy enforcement action and the Equality Act 2010

05/12/18

We frequently receive cases where disabled tenants/occupiers are causing anti-social behaviour and the behaviour is linked in some way to their diagnosed, or suspected, medical condition. In these circumstances, the concern of the client is always what action can be taken to address the problems that…

Legal Article

Jump, Trip and Skip

04/12/18

Seddon v Bolton Council Manchester CC The claimant alleged that she fell in a pothole and sustained serious personal injuries. She brought a claim for personal injury against the local authority. At trial, the claimant described that she was walking back from the local off licence. As she…

Legal Article

Occupiers Liability: Courts are not looking for a Counsel of Perfection

04/12/18

Guildford CC - Judgment of District Judge Bell The facts The claimant had attended a farm attraction for children. She had been playing with her 2-year-old son in the undercover soft play area when they left the area to go the toilets. As she walking along the corridor, she slipped. She…

Legal Article

Regulatory Update - November 2018

04/12/18

Logistics Company Fined for Failure to Adapt Generic Risk Assessment Tuffnells Parcels Express Ltd has been fined after a lorry driver was fatally crushed against his vehicle by a trailer as he was attempting to couple it. The vehicle was loaded with parcels and parked on a 3° slope at a…

Legal Article

HSE releases Annual Injury and Ill Health Statistics

04/12/18

Annual statistics released by the HSE have revealed that in 2017/18, 1.4 million workers suffered from work-related ill health and around 555,000 from non-fatal injuries. According to key figures in 2017/18 there were: · 144 fatal injuries at work · 1.4 million working…

Legal Article

PI Lawyer and Medico-Legal Expert Found in Contempt of Court

04/12/18

Liverpool Victoria Insurance Co Ltd v (1) Kamar Abbas Khan (2) Shafiq Sultan (3) Asef Zafar (4) Mohammed Shazad Ahmed (2018)[2018] EWHC 2581 (QB) QBD (Garnham J) 05/10/2018 A claimant personal injury lawyer and a medical expert have been found to have committed multiple civil contempts. The…

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November

Forbes News

Forbes Solicitors Wins Preston's College Legal Services Contract

30/11/18

Forbes Solicitors has beaten off national and local competition to win a two-year contract to supply all legal services to Preston's College. The firm's successful tender for the Legal Services Contract covers Employment and HR, Commercial, Corporate Finance, Investments and Taxation,…

Legal Article

Early New Year's Resolutions in Trade Mark Law

29/11/18

As the countdown to Christmas and New Year begins in earnest, anyone with an interest in using Trade Marks as part of their business may have their eye on another not so distant date in the calendar. On 14 January 2019, the Trade Marks Regulation 2018 will come into force and bring some very…

Forbes News

Keeping kids first helps minimise fallout from family breakdown

29/11/18

A local family lawyer is campaigning for a change in the law to reduce the fallout from divorce on children, after figures released today revealed the impact of conflict between separating parents. In a new poll, 79% of the population agreed conflict from divorce or separation can affect negatively…

Legal Article

Legal Aid Cuts and the Impact for Family Law Cases

27/11/18

The President of the Family Division of the High Court, Sir Andrew McFarlane, in an interview with  The Times  highlights the negative impact on family law proceedings because of cuts to legal aid fees. Being able to commission an expert opinion from a doctor or child psychologist for family court…

Forbes News

Forbes' Commercial Property Team Advises New Artisan Coffee Shop

27/11/18

A new third wave coffee shop has opened in the centre of Ormskirk, thanks to help and advice the owner received from the Commercial Property team at Forbes Solicitors. Bayferns Coffee House Ltd is welcoming customers to its premises in Burscough Street, offering a mixture of single origin coffee…

Legal Article

CMA finds land agreement breached UK Competition law

27/11/18

The Competition Markets Authority (CMA) has for the first time used its enforcement powers in respect of land agreement and has found that restrictions in it were anticompetitive and in breach of UK Competition law. Background UK Competition law prohibits: · agreements which…

Legal Article

Calling off the Cap - Housing Revenue Account

27/11/18

The 29th of October 2018 marked a momentous occasion for social housing. It was on this date the wishes of many local authorities, housing associations and developers were granted as Theresa May fulfilled her pledge and officially abolished the Housing Revenue Account (HRA) borrowing cap. Prior to…

Legal Article

Shareholders' Agreements - an ineffective right of first refusal

26/11/18

In the recent case of United Co Rusal Plc v Crispian Investments Ltd [2018] EWHC 2415 (Comm), the High Court held that a right of first refusal (ROFR) procedure in a shareholders' agreement had not been validly instigated. The case above involved three major shareholders of PJSC MMC Norilsk…

Legal Article

Tenant's son's succession appeal doesn't succeed

23/11/18

Is the succession rule for secure tenants, under s87 and 88 of the Housing Act 1985 incompatible with the ECHR? On the 19th October 2011, the recent case of Haringey London Borough Council v Mulkhis Simawi [2018] EWHC 2733 (QB) challenged the court to reconsider the "single succession"…

Legal Article

Questions we have been asked this month

22/11/18

Q. If the governing board receives an anonymous complaint about a head-teacher alleging inappropriate behaviour, what steps should the board take? A. If the anonymous complaint was made by a member of staff, then any whistleblowing policy that is in place may apply. Such a policy is likely…

Forbes News

Forbes Solicitors Advises C.G.Turnbull Holdings Limited on New Wine Bar

21/11/18

Forbes Solicitors' Corporate Team has advised C.G.Turnbull Holdings Limited (CGT) in its partnership with Lytham Wine Company Limited (LWC), which has resulted in the expansion of the Barrique Wine Bar & Deli brand. The move has resulted in Lytham Wine Company Limited opening a new Barrique…

Legal Article

Increasing Trend of HSE interventions within Education Establishments

20/11/18

The HSE reported following the introduction of the new Sentencing Guidelines in February 2016, that in the following year to end March 2017 there had been a 80% increase of fines from the previous year - an increase of fines of £69.9m from £38.8m. Admittedly, the increase in fines is…

Legal Article

Age Verification for School Online Services

20/11/18

It is a factor of modern life that more and more aspects of education are moving onto digital platforms. From school websites to mobile applications, cloud services to distance learning, more and more personal data is being processed online, and in the case of schools this would involve the personal…

Legal Article

ICO prosecution results in first custodial sentence for data misuse

16/11/18

The Information Commissioner's Office (ICO) has successfully prosecuted a car repair worker for stealing customer data, resulting in the first jail sentence for an offence brought under the Computer Misuse Act 1990. Mustafa Kasim, a former employee of Nationwide Accident Repair Services, pleaded…

Legal Article

Housing Sector: Is It Ready for the Ageing Population?

14/11/18

Background Further to our recent blog 'Smith Institute - Report Review' , a report by the Universities of Dundee, ' Housing and Ageing: Linking Strategy to future delivery for Scotland, Wales and England 2030 ' , found that the UK housing sector is still not ready for the…

Legal Article

Introducing ASB and varying existing possession orders

14/11/18

The Forbes' Housing and Regeneration (Litigation) Team have recently been asked about what action our clients can take where there is an existing Suspended Possession Order ('SPO') in place for rent arrears but the tenant is now committing anti-social behaviour and/or further breaches of…

Legal Article

The Royal Borough of Kensington and Chelsea: Grenfell, the aftermath

14/11/18

The tragic events which took place on the 14th June 2017 have placed registered providers of social housing in the media spotlight and the public's hunger for information on social housing, as shown by the recent BBC documentary 'The Fires that Foretold Grenfell', shows no sign of slowing…

Forbes News

Forbes Expands Clinical Negligence Team Into Yorkshire

14/11/18

Leading legal firm Forbes Solicitors is expanding its specialist clinical negligence services into Yorkshire with the arrival of Partner Leonie Millard at the practice's Leeds office. Leonie moves from Lancashire, where she has been part of the well-established North West team, dealing with…

Legal Article

A Question of Trust

13/11/18

People are often confused by Trusts and think that they are just for the very wealthy. In reality, Trusts can be a very useful way of providing for your family and protecting assets. What is a Trust? A Trust is any arrangement whereby someone (the Settlor) gives money or assets (the Trust Fund…

Legal Article

Pay in lieu of untaken leave held to accrue to deceased employee's estate

13/11/18

In Wuppertal v Bauer and Willmeroth Broßonn the CJEU has held that the heir of a worker who dies while in an employment relationship with a public or private employer has a right to financial compensation in lieu of the worker's untaken paid annual leave. The right to annual leave was…

Legal Article

Government Considering the Re-Introduction of Tribunal Fees

13/11/18

On 7th November 2018, the Law Society Gazette published an article suggesting that the Ministry of Justice ("the Ministry") has confirmed it may reintroduce fees for employment tribunal claims. Tribunal fees were introduced in July 2013; initially around £160, and increasing to &…

Forbes News

Forbes Solicitors Advises Acumen Financial Partnership Over Wyre Deal

09/11/18

Forbes Solicitors have advised West Lancashire-based independent financial adviser Acumen Financial Partnership over the acquisition of Wyre Investment and Financial Management based in Pilling. The deal was completed with the help of Rebecca McCann, a Solicitor in Forbes'…

Forbes News

Forbes Solicitors Celebrates Legal 500 and Chambers Successes

07/11/18

Forbes Solicitors is celebrating after receiving 67 nominations, ranking as a Legal 500 Top Tier Firm and a Chambers and Partners Leading Firm. Forbes is delighted to reveal that in The Legal 500 guide Partners Lucy Worrall, Chris Booth and Kella Bowers have been included in the elite "Leading…

Forbes News

Forbes Expands Employment Team With Five New Appointments

06/11/18

Forbes Solicitors has expanded its Employment Team with the appointment of three solicitors and two paralegals. Abigail Mottram, Trishna Modessa, Yara Cherbetji, Charlotte Black and Jason Landa, add expertise in a number of areas and have begun working with a wide range of clients in both the…

Legal Article

Skate Park Claim Dismissed

01/11/18

Allen v Cycle Route Ltd t/a Override Skate Park In 2015 the claimant attended a skate park owned by the defendant accompanied by a guardian. The 11-year-old claimant was scooting along the street section of the park, consisting of a drop down ramp to a flat bank which included a grind rail, when he…

Legal Article

Regulatory Update - October 2018

01/11/18

Construction Company and Director Prosecuted for Dangerous Building Site A construction company was fined and its managing director ordered to carry out 150 community service after HSE Inspectors found dangerous conditions at its building site. According to the HSE, inspectors had visited the…

Legal Article

Employer Vicariously Liable for Assault by Employee at After Party Drinks

01/11/18

Clive Bellman (A protected party by his litigation friend, Susan Thomas) v Northampton Recruitment Ltd (2018)[2018] EWCA Civ 2214 The Court of Appeal has held a company vicariously liable for an assault committed by its managing director on an employee after a Christmas party. In 2010 the…

Legal Article

Homes (Fitness for Human Habitation) Bill 2017-19

01/11/18

The Homes (Fitness for Human Habitation) Bill 2017-19 is currently making its way through Parliament. The Bill seeks to amend the Landlord and Tenant Act 1985 to ensure rented accommodation is provided and maintained in a state of fitness for human habitation, and to amend the Building Act 1984 to…

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October

Legal Article

Key changes following the Chancellor's last pre-Brexit Budget

30/10/18

The chancellor delivered his last pre-Brexit budget yesterday. Here is a summary of some of the announcements made that may affect you: Income Tax The annual personal allowance is the amount you can earn each tax year before you have to pay income tax. The personal allowance is increasing from…

Legal Article

Liability for Individuals (as well as employers) in Whistleblowing Cases

26/10/18

The recent case of Timis v Osipov [2018] EWCA Civ 2321 is sure to have created uncertainty and worry in boardrooms throughout the country. The Court of Appeal held that two individual directors must pay out £2 million in a landmark whistleblowing decision. The judge held for the first time…

Forbes News

Forbes Enhances Dispute Resolution Department with Stephen McArdle Appointment

26/10/18

Forbes Solicitors, one of the North West's leading legal firms, has added to its successful Dispute Resolution Department with the appointment of Associate Stephen McArdle. Stephen, who is based in the firm's Central Lancashire office, is an experienced Associate having qualified as a…

Legal Article

Staff handbook: what you should and shouldn't do as employers

25/10/18

This article offers several tips and guidance for employers to ensure best employment practices are being followed when it comes to drafting and managing company handbooks. The importance and significance of a staff handbook cannot be understated. It is a document that outlines a company's…

Legal Article

Children's Commissioner warns of the 'Toxic Trio'

22/10/18

The media have recently reported on the Children's Commissioner's report which highlights that an estimate of 8,300 babies are growing up with issues of alcohol or substance misuse, domestic violence and mental health  - known as the "toxic trio" from their parents. Children are identified…

Legal Article

Cake-smash Clash of Rights Determination by the Supreme Court

22/10/18

It has been impossible to miss the ongoing case of Lee v Ashers Baking Company Ltd and Others . It has courted a great deal of media attention over the course of the last few years given the strength of feeling among members of the public relating to the facts of the case. Facts The case was…

Legal Article

Take advantage of Wills Week this November and support St Catherine's Hospice

22/10/18

St Catherine's Hospice and Forbes Solicitors are joining together this November to highlight the importance of writing a Will. The hospice will be running its annual Wills Week from the 12th November to 16th November, when Forbes Solicitors will waive their usual Will-writing fee, and instead…

Legal Article

Questions we have been asked this month

19/10/18

Q. What would happen if, during a restructuring process, a teacher opted to move to part-time working? Would his/her salary be safeguarded at the original level or at a pro-rata level? A: 36.1 of the states that "Whether the teacher was a full-time teacher or a teacher in regular…

Legal Article

Capita SIMS data breach affecting pupil data

19/10/18

In July 2018, the ICO formally acknowledged a data breach involving the Capita SIMS system. The data breach affected a number of schools who use their services. The report to the ICO was made pursuant to the GPDR, which came into force on 25 May 2018, which confirms that controllers have an obligation…

Legal Article

Keeping Children Safe in Education

19/10/18

An updated version of Keeping Children Safe in Education came into force on 3 September 2018. Annex H on pages 104-111 of Keeping Children Safe in Education sets out the changes in full and is a helpful starting point for school leaders and governors. In accordance to Part 1, all staff working in…

Legal Article

Trafford Centre Mass Surveillance - Big Brother is Breaching?

18/10/18

Recent data protection headlines have been filled with the statement from the Surveillance Camera Commissioner that advanced CCTV programmes in place in Manchester's Trafford Centre are 'not proportionate', causing many to wonder how far security systems can go before they fall on the wrong side of…

Legal Article

Fore! Can a claim for personal injury by a golf spectator succeed?

18/10/18

A woman was hit by a stray ball at the recent Ryder Cup tournament held in France. US team member Brooks Koepka was playing a shot on the sixth hole when his ball unfortunately struck a spectator in the eye. The lady involved is said to have lost the sight in her right eye after she suffered a fractured…

Legal Article

Trust disputes - personal liability of trustees

17/10/18

A trust, unlike a limited company, has no legal personality and the assets of the trust are vested in trustees. Trustees are the only persons capable of assuming rights and obligations in relation to the assets and administration of the trust. A person who is appointed as a trustee assumes the…

Forbes News

Five Newly-Qualified Solicitors For Forbes

17/10/18

Five members of staff at leading North West legal firm Forbes Solicitors are celebrating after qualifying as Solicitors. Claire Smith, Joe McCreadie, Trishna Modessa, Yara Cherbetji and Abigail Mottram are now beginning the next stage of their careers with the firm. Claire, based in the…

Legal Article

Smith Institute - Report Review

16/10/18

Last week saw the release of a report, at the NHC Northern Housing Summit 2018 (attended by Jennifer Hankinson Head of Development - Housing & Regeneration (Property) at Forbes), on: " The Hidden Costs of Poor Quality Housing in the North " written by the Smith Institute and commissioned…

Forbes News

Forbes Launches Expanded HR Complete Employment Solution

16/10/18

An Employment Law & HR solution offered by Forbes Solicitors has been expanded to include a wide range of new complimentary services in a convenient "one-stop-shop" for clients. HR Complete is a bespoke insurance-backed service which launched two years ago to help SMEs get the most…

Legal Article

A Change In The Face of Dentistry

13/10/18

Over the last 10 years there has been a huge change in cosmetic dentistry with a move away from the use of crowns or veneers, towards techniques to orthodontically align and whiten the front teeth. There has been a large increase in the number of adults seeking orthodontic treatment for cosmetic…

Legal Article

New Era of Higher Standards Signalled by Charity Commission

12/10/18

This week the Charity Commission unveiled its new five-year strategy laying down what it believes its role to be, what goals it wishes to achieve and how it aims to achieve them. The strategy signifies a change in tone that charities should take note of given the Commission's wide-ranging powers…

Forbes News

Forbes Joins Forces With ADR To Offer Housing Mediation Service

09/10/18

Leading North West legal practice Forbes Solicitors has joined forces with ADR Mediation and Training to offer independent mediation as part of its housing management services. ASC Forbes offers Advice, Support and Consultancy for Housing Management and the new partnership offers a range of…

Legal Article

HSE Sets its Sights on Construction

08/10/18

According to the HSE the construction industry is one of the most hazardous industries in the country with around one third of all workplace fatalities occurring in construction. In the last 10 years more than 750 people (workers and members of the public) have died from injuries arising out of…

Forbes News

Forbes Celebrates Lex 100 Success By Doubling Trainee Solicitor Intake

08/10/18

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

Legal Article

Claimant Found Fundamentally Dishonest After Tailoring Evidence

03/10/18

Hartley v Preston CC A claimant whose case for personal injury included multiple descriptions of the accident circumstances was found to be fundamentally dishonest at the conclusion of his trial. The case The claimant alleged that on Saturday 28th November 2015 at approximately 4.30pm he…

Legal Article

A Misjudgement of Law

03/10/18

Lovell v Calderdale Metropolitan Borough Council A claimant discontinued his claim at trial after proceeding on the erroneous basis that a highway is the same as a highway maintainable at the public expense. The claimant alleged that he was walking along an alleyway when he tripped, fell and…

Legal Article

Judge finds 'serial perjurer' fundamentally dishonest

03/10/18

Hussain v Oldham Metropolitan Borough Council July 2018 - Manchester CC DJ Osborne The claimant in this matter was found to be 'fundamentally dishonest' following the trial of his claim for personal injury. The judge delivered a no holds barred judgment declaring the claimant to…

Legal Article

Regulatory Update

03/10/18

Increasing trend of significant fines based on turnover irrespective of the status of the organisation Two Construction Companies Fined £1.4 million After Worker Injured Two construction companies have been fined after a worker's foot was trapped in a large rotating screw…

Legal Article

Historical Sexual Abuse - The Impact of Illegal Conduct on Claims for Damages

03/10/18

Claims for damages as a consequence of abuse show no signs of abating and remain a significant expense to Local Authorities. Claims for damages are often based upon an argument by the victim that the abuse they suffered has directly contributed to difficulties in their lives, such as, loss of earning…

Legal Article

Tougher Manslaughter Jail Sentences for Negligent Managers

03/10/18

Under new court guidelines to be introduced on 1st November 2018, managers charged with gross negligence manslaughter will face longer prison terms up to 18 years. It is the first time that the Sentencing Council have drawn up guidelines for these serious and difficult cases. Such cases are often…

Legal Article

Vicarious Liability

03/10/18

There has been a recent spate of decisions concerning the issue of vicarious liability. Over the years, the concept of vicarious liability (which refers to a situation where an employer can be held strictly liable for the acts or omissions of its employees) has evolved and extended its reach for reasons…

Legal Article

Deregulation Act 2015 - what you need to know for October 2018

03/10/18

Landlords will be aware of the provisions of the Deregulation Act 2015 which changed the operation of section 21 notices in Assured Shorthold Tenancies (ASTs). Currently, the provisions only apply to ASTs granted or renewed from 1 October 2015, when the Act came into force. However, section 41(3)…

Legal Article

Breach of SPOs and asking permission for a warrant

03/10/18

On 1 October 2018, The Civil Procedure (Amendment No. 3) Rules 2018 came into effect. These amendments include a one-line addition to Part 83 of the Civil Procedure Rules 1998 confirming that there is no longer any need to make an application for permission for a warrant for breach of a suspended…

Legal Article

Keeping housing affordable

03/10/18

A survey carried by YouGov (survey conducted with 2,111 adults between 3 and 4 May) on behalf of home landlord Aster, revealed that only 60% of people are familiar with the homeownership product. This is despite the fact that 95% of the people who took part in the survey would qualify for the product…

Legal Article

Civil Partnerships Law to Change for Mixed Sex Couples

02/10/18

Theresa May has announced that the law will soon change to allow same sex couples and mixed sex couples to both have the option of a civil partnership. At the moment, same sex couples have the choice of marriage or to enter into a civil partnership. However, mixed sex couples only have the choice of a…

Legal Article

The Toxic Rentcharges Review

02/10/18

Before the case of Roberts v Lawton [2016] UKUT 395, rentcharges were less of a concern as the amounts were often small and were to be paid to rentcharge owners that were missing or unknown, however attitudes have now changed. What is a rentcharge? A rentcharge is a historic property device…

Legal Article

ICO Issues Fines for Failure to Pay the Data Protection Fee

02/10/18

Organisations who handle personal data in the course of their business have been handed a wake-up call by the Information Commissioner's Office (ICO) this month, with a number of fines being handed out for failures to pay the data protection fee. On 26 September 2018, the ICO reported that it…

Legal Article

The Pugachev Problem: when is a trust not a trust

01/10/18

The High Court ruling in Mezhprom Bank v Pugachev [2017] EWHC 2426 held that Sergei Pugachev the Russian oligarch and founder of the Russian bank, Mezhprom, was a settlor, "protector" and discretionary beneficiary of five discretionary trusts worth approximately US$95m; and ultimately that…

Legal Article

Tulbut v Davey 2018 EWHC 730 (Ch)- Bright ideas; poor execution.

01/10/18

Summary Confusion, frustrations and family fallouts were the headlining events caused by the recent case of Tulbut v Davey involving a dispute over a homemade Will. This case further emphasises the importance of correct and accurate drafting of Wills and supporting documents. On 4 th…

Legal Article

"No property in a corpse": body and funeral disputes on death

01/10/18

Recent figures released by a provider of funeral plans in the UK suggest that a quarter of deaths lead to family disputes, and over 20% of these disputes relate to the disposal of a body. In line with these figures, it is my experience that funeral and burial disputes and disputes over the ownership of…

Legal Article

James v James 2018 EWHC 43 (Ch)

01/10/18

Case Summary The claimant had in this claim challenged the validity of the Will of his deceased father on the ground of lack of testamentary capacity, and brought a claim for proprietary estoppel. This summary will focus on the issue of capacity and the preparation of the Will. The estate…

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September

Legal Article

ICO Issues Fines for Failure to Pay the Data Protection Fee

27/09/18

On 26 September 2018, the ICO reported that it had begun formal enforcement action against 34 organisations that have failed to pay the new data protection fee. These organisations span across many sectors, including the NHS, recruitment, finance, government and accounting. Of note, the ICO has stated…

Legal Article

Equifax Data Breach - Another Maximum Fine from the ICO

25/09/18

The Information Commissioners Office has once again handed down the maximum fine available at its disposal, and in doing so has reinforced its recent trend of tougher punishments for breaches of data protection laws. Credit referencing agency Equifax has been handed a fine of £500,000 by the…

Legal Article

Fault-Based Divorce Could Be A Thing Of The Past

12/09/18

It is in the news again this week that Justice Secretary David Gauke is set to announce a consultation on plans for a major change to divorce laws which could see couples being allowed no-fault divorces and spouses losing the right to contest the breakdown of a marriage. The current law in England and…

Legal Article

Recent progress on electronic signatures

10/09/18

A study published on 23 rd August was deemed to be proof enough by the Law Commission that an electronic signature is sufficient to fulfil requirements for a signature on a document. The study tries to modernise the way in which we execute documents where there is a statutory requirement that a…

Legal Article

Another Step Closer for Electronic Signatures

07/09/18

With a Law Commission Consultation Paper adding its voice to the advocates for electronic signatures, the advancement of electronic signatures continues towards universal acceptance. Traditionally, the law has never been very good at keeping up with technology. Whether it involves downloading music…

Legal Article

British Airways Data Breach - Making the Best of a Bad Lot

07/09/18

Today's headlines are being dominated by the story that British Airways have suffered an illicit data breach that has left the personal details and payment cards of 380,000 customers potentially exposed. The theft occurred via the airline's website and mobile app. It is hardly a surprise that many are…

Legal Article

Coca-Cola to Buy High Street Heavyweight Costa Coffee for £3.9bn

04/09/18

Coca-Cola look set to buy British multinational Costa Coffee for a staggering £3.9bn. The deal marks a key time in Coca-Cola's history, as it aims to break into the coffee market. The deal allows the global giant other opportunities for revenue and is thought to have come about in order to try…

Legal Article

Dragged along to a sale

04/09/18

In the case of Angus James Cunningham v Resourceful Land Limited and others , the High Court has upheld a drag-along provision in a Shareholders' Agreement and has ordered that the register of members does not require rectification. Background A group of individuals incorporated two…

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August

Legal Article

Bringing a Buzz Back to Chorley Town

30/08/18

Chorley is set to see a couple of major developments over the next few years, attracting consumers back to the market town. The first development is in the town centre and includes iconic high profile businesses such as Marks and Spencer's, Reel Cinemas and Loungers Bar and Restaurant. The…

Legal Article

Forced Marriage: Home Secretary Vows to take Action

24/08/18

The Home Secretary has recently indicated in the media that she intends to take action over forced marriages.  Charities have warned that the Home Office has failed to protect British women and teenage girls forced into abusive marriages by granting visas to husbands abroad.  The Home Secretary has…

Legal Article

A Little Less Conversation, A Little More Contracts Please

24/08/18

When does conversation stop being just that, and instead drifts toward a variation of the contract? The Supreme Court has helped by confirming that where a contract (such as a loan agreement or commercial contract) states that it can only be varied in writing, then any proposed change agreed orally…

Legal Article

The August 2018 Social Housing Green Paper

24/08/18

The August 2018 Social Housing Green Paper, has been published in response to the Grenfell Tower fire tragedy, which highlighted how the law on housing conditions falls short of ensuring tenant safety. The Paper promises to offer a ' new deal for social housing ', by rebalancing the…

Legal Article

Important Decision for Defendants on Fixed Costs

23/08/18

Mercel Hislop v Laura Perde : Kundan Kaur v Committee (For The Time Being) Of Ramgarhia Board Leicester (2018)[2018] EWCA Civ 1726 The Court of Appeal determined that a claimant was not entitled to standard or indemnity costs where a defendant accepted a Part 36 offer out of time but before trial…

Legal Article

Claim Kicked to the Kerb

23/08/18

Ratcliffe v Oldham Metropolitan Borough Council District Judge Swindley - Manchester CC The local authority has successfully defended a claim following a fall on a defective kerb. The claimant was out walking one evening; she fell when she put her right foot forward onto the kerb which…

Legal Article

It's a Game of Reasonableness

23/08/18

James Lewis -v- Burry Port AFC The claimant was playing in a junior football match for the defendant. During the course of the game the claimant made a sliding tackle and suffered a laceration to his leg. It transpired that there was glass embedded in the surface of the pitch. The claimant…

Legal Article

Regulatory Roundup

23/08/18

Tesco Feels the Brunt of the Sentencing Guidelines Tesco has been fined £160,000 after an employee was seriously injured in an incident involving a roll cage. In September 2015, the employee was working alone to unload roll cages containing stock from a delivery vehicle. The worker…

Legal Article

CMR Annual Report Confirms Trend from Holiday Sickness to Housing Disrepair Cases

23/08/18

The Claims Regulator (CMR) has published its annual report. In the report, the CMR confirms that within the past year they have successfully managed to strike down misconduct in the holiday sickness claims market. However, the consequence of the crack down on holiday sickness claims appears to be an…

Legal Article

Limitations on Limitations of Liability

23/08/18

Any transaction, no matter how much the parties may believe they catered for all eventualities, carries a degree of risk of liability for all parties involved. Where trustees are party to a transaction (whether a property transfer or a lease), they will usually seek to limit their liability to ensure…

Legal Article

Do 'knot' ignore what is on your land

08/08/18

A recent Court of Appeal ruling, Network Rail Infrastructure Ltd v Williams and another [2018] EWCA Civ 1514, has raised the importance of dealing with Japanese knotweed as soon as you become aware of it. As Network Rail found knowledge of the presence of knotweed and a failure to reasonably prevent…

Forbes News

Forbes Uses Pedal Power to Raise More Than £3,600 For St Catherine's Hospice

08/08/18

Cycling enthusiasts from Forbes Solicitors have raised more than £3,600 for charity after creating their own version of the Tour de France. The Tour de Forbes involved a team of around 30 volunteers making the 100-mile journey from the firm's Leeds office to its base in Accrington…

Forbes News

Forbes Solicitors Acts For Kepak In Aquisition of 2 Sisters Red Meat Limited

01/08/18

Leading North West legal firm Forbes Solicitors has represented Irish meat producer Kepak Group in its acquisition of 2 Sisters Red Meat Limited from Boparan Holdings Ltd. The acquisition fits Kepak's plans to increase the value and scale of their company in markets that are complementary to…

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July

Legal Article

Kit Kat "Have a Break" from Trade Mark Protection

31/07/18

Bringing a moment of pause to a legal battle that has lasted over a decade, The Court of Justice of the European Union recently held that the shape of Nestlé's famous Kit Kat bar did not warrant protection as a trade mark - much to the delight of rival chocolatier Mondelez. Whilst Nestl&…

Legal Article

Information Commissioner's Annual Report and Financial Statements 2017-18

27/07/18

On the 20 July 2018 the ICO published its Annual Report and Financial Statements 2017-18, specifically covering the period from 1 April 2017 to 31 March 2018. With the introduction this year of GDPR and the Data Protection Act 2018, and the anticipated replacement of PECR with the E-Privacy Regulations…

Legal Article

Ticketmaster's data breach and don't forget about PECR!

27/07/18

With the advent of GDPR and its marked increase in responsibilities and potential sanctions, the importance of responding quickly to data breaches and cooperating with the Information Commissioner's Office (ICO) has never been higher. This was exemplified by on 23rd June 2018, when Ticketmaster UK…

Legal Article

Employment Tribunal Claims Continue to Rise Following Abolition of Tribunal Fees

27/07/18

The Employment Tribunal (ET) is an independent judicial body established to resolve disputes between employers and employees in relation to employment rights. The ET will hear claims about employment matters; such as unfair dismissal, discrimination, wages and redundancy payments for example. There…

Legal Article

Social Media in the Workplace

26/07/18

The application and use of Social Media is constantly evolving and the effects are not only far reaching, but constantly changing as the form and use of Social Media evolves. It can be a potential minefield and our training package provides clarity to employers on the issues surrounding the use of…

Legal Article

'On Call' Sleeping in Employees are not entitled to NMW while they sleep

26/07/18

Mencap v Tomlinson-Blake The Court of Appeal ruled on Friday 13 th July 2018 that periods of 'sleeping in' are to be treated as being available to work, opposed to 'actually working' and therefore do not constitute 'working' for the purposes of National Minimum Wage (…

Forbes News

Forbes' Ladies Night Raises Vital Funds for CARES Cancer Charity

26/07/18

A night of pampering and beauty treatments organised by Forbes Solicitors has raised £428 for Lancashire cancer charity CARES. The event, at the firm's Oak House office in Walton Summit, included demonstrations as well as canapés and prosecco for the 40 women who attended. The…

Forbes News

Forbes Solicitors Appoint Tom Howcroft to Contentious Trusts and Probate Team

25/07/18

Leading North West legal firm Forbes Solicitors has expanded its Contentious Trusts and Probate Team with the recruitment of Solicitor Tom Howcroft. Tom joins Associate Solicitor Ben Wilson at the firm's Central Lancashire office as the team continues to build on its reputation for expert…

Legal Article

Mine and Mineral Rights Indemnity Insurance Policy - Is It Always Required?

19/07/18

Developers installing foundations, carrying out groundwork and any earthmoving works may involve going through or removing a mineral layer. If that mineral layer is owned by someone else, piercing it will be a trespass against the minerals owner. This could lead to a liability for damages or, more…

Legal Article

Claimant puts two and two together and gets four

19/07/18

Allen v Oldham MBC - Manchester CC The claimant alleged that he was out walking his friend's dog, when he tripped due to a pothole in the alleyway. He fell and sustained an injury. Breach of duty was admitted but the defendant remained unconvinced by the claim and put the claimant to strict…

Legal Article

Claim Bouldered Over

19/07/18

Austin v Lancaster County Council Local authorities often have to strike the balance between providing safe and exciting play areas for children as well as protecting the needs of local residents who live nearby. This claim arose after a child was injured after falling on a stone boulder installed…

Legal Article

Regulatory Round Up

19/07/18

DHL receives £2m fine after employee crushed by a reversing lorry DHL has been fined £2m over the death of an employee who was crushed at a depot in Milton Keynes. The worked was trapped between a reversing lorry and a loading bay in February 2015. DHL admitted breaching s 2(1…

Legal Article

Breaking the Chain of Causation

19/07/18

Philip Clay v TUI UK LTD (2018) [2018] EWCA Civ 1177 CA (Civ Div) (Kitchin LJ, Hamblen LJ, Moylan LJ) 23/05/2018 The Court of Appeal have for the first time in a number of years considered when the actions of a claimant might break the chain of causation. Mr Clay had been on a package holiday…

Legal Article

General Farm Partnerships

19/07/18

A Partnership is an arrangement where two or more interested parties agree to cooperate their assets and skills to advance their mutual interests. These interested parties can be individuals in their personal capacity or alternatively be corporate entities or even partnerships themselves. Many…

Legal Article

We don't talk anymore - Sir Cliff Richard wins privacy case against BBC

18/07/18

Sir Cliff Richard has today won a privacy case against the BBC over its coverage of a police raid of his home, the High Court awarding the singer £210,000 in damages. Richard, who sued both the BBC and South Yorkshire Police, claimed that the BBC's reporting of the 2014 raid was a 'serious…

Legal Article

Recent EAT finding on the impact of overtime on holiday pay

18/07/18

A recent finding of the EAT in Flowers & others v East of England Ambulance Trust has confirmed that both non-guaranteed and voluntary overtime should be included in an employee's holiday pay calculation provided it was sufficiently regular and settled to amount to "normal remuneration&…

Legal Article

Frequently Asked Questions

18/07/18

How far reaching can a workplace dress code be? In summary, dress codes can be a legitimate part of an employer's terms and conditions of service, but any less favourable treatment because of sex could amount to direct discrimination. While dress policies for men and women do not have to be…

Legal Article

Facebook and the Cambridge Analytica Fine - A Huge GDPR Warning

12/07/18

Social network giants Facebook have this week been issued with the maximum £500,000 fine for its role in the Cambridge Analytica scandal, which saw users' data being harvested and subsequently exploited for targeted political marketing. Following the much publicised investigation, the…

Legal Article

New SFE report warns of looming incapacity crisis

03/07/18

Leading law firm Forbes Solicitors is urging Lancashire people to consider end of life planning in the wake of a new report from Solicitors for the Elderly ("SFE"), and independent think tank, Centre for Future Studies. " The incapacity crisis: a nation unprepared " reveals the…

Legal Article

The Future of Property Litigation

02/07/18

In July 2015 the Civil Justice Council set up The Working Group on Property Disputes in the Courts and Tribunals. Their purpose? To consider proposals for "flexible deployment" of judges between the First-tier Tribunal (Property Chamber) and the County Court in landlord and tenant, property…

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June

Legal Article

Facing Your Domestic Abuser in Court

29/06/18

In the Family Courts, victims of domestic abuse often have to face their abuser in Court, this can be very stressful and traumatic for them.  Katie Ghose, Chief Executive of Women's Aid has said that this can allow the perpetrator to continue abusing.  She stated that the cross-examination of victims…

Legal Article

S20 and the Duty to Accommodate...When is enough, enough?

19/06/18

The case of R (on the application of A) v Haringey LBC considers whether the Local Authority (in this case, the London Borough of Haringey) had carried out its duty under Section 20 of the Children Act 1989 to provide accommodation to a 17-year-old boy who repeatedly refused to be placed. I am…

Legal Article

Stress caused by a disability leads to discrimination finding

19/06/18

In city of York Council -V- Grosset The Court of Appeal upheld a claim for stress arising out of a disability amounting to discrimination in the workplace. Mr Grosset, an English teacher, who had cystic fibrosis was suffering an increased workload. In conjunction with this, his Department had…

Legal Article

Questions we have been asked this month

19/06/18

Q: Do we have to open up applications for a full time position to staff on fixed term contracts? A: Yes, a fixed-term employee has the right not to be treated less favourable than a comparable permanent employee with regards the terms of their contract or any other detriment. Regulation 3(2)(c…

Legal Article

Claimant Folds After Giving Evidence at Trial

19/06/18

Fishburn v Rochdale BC - Manchester County Court A Claimant has discontinued her claim for personal injury after a poor performance in the witness box. The Claimant alleged that she sustained a personal accident whilst walking along a pavement. The Claimant contended that she tripped on a…

Legal Article

Cracked flag defence proves to be cracking saving for Council

18/06/18

Miles v Wigan Council This claim arises following an alleged accident in March 2014 when the Claimant stated that she tripped as a result of a rocking flagstone. The Claimant sustained a displaced fracture to her left elbow which required surgical fixation and presented a schedule of special…

Legal Article

GDPR - What's all the fuss about?

18/06/18

After what feels like an age of the GDPR looming on the horizon, the new data protection regime has finally been implemented into law. There is no grace period so those who handle data must be ready to hit the ground running. But what impact will the GDPR have on claims and those who process data for…

Legal Article

Regulatory Update

18/06/18

Contractors face £526,500 penalty for failure to plan work at height An employee fell through a fragile roof at a leisure centre and sustained six fractures to his back. A HSE investigation found that two contractors involved had failed to plan and manage the work at height risk. The…

Legal Article

Court Admits Overcharging Claimants to Issue Stage 3 Proceedings

18/06/18

This week the Courts Service has admitted that since introducing increased court fees in July 2016, claimants have been overcharged for issuing stage 3 proceedings. The overcharged Court fees will have been passed on to defendants or their insurers when stage 3 costs were subsequently claimed. The…

Forbes News

Forbes Announces Major Conference on Safeguarding in Social Housing

18/06/18

A major conference focusing on the important of a multi-agency approach to safeguarding and vulnerability is being held by Forbes Solicitors and West Yorkshire Police. The West Yorkshire Housing and Safeguarding Exchange Conference, at Cedar Court Hotel, Ainley Top on July 12, will be attended by…

Legal Article

GDPR in the Insurance Sector - what has changed?

01/06/18

Having been looming on the horizon since 2016, GDPR and the Data Protection Act 2018 are now in full force and effect. Insurers, claims handlers, loss adjustors, and solicitors all handle vast quantities and categories of personal data relating to claimants, defendants, witnesses, experts, their own…

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May

Forbes News

Tour de Forbes Uses Pedal Power to Raise Money for St Catherine's Hospice

31/05/18

Cycling enthusiasts from Forbes Solicitors have created their own version of the Tour de France to raise money for charity. The Tour de Forbes will involve a team of around 35 volunteers making the 100-mile journey from the firm's Leeds office to its base in Accrington on Friday July 27…

Legal Article

Happy GDPR Day! General Data Protection Regulation comes into force today

24/05/18

The General Data Protection Regulation (GDPR) came into force in the UK today and will apply to all ' controllers ' and ' processors ' of ' personal data' . The GDPR is a substantial and ambitious piece of legislation which aims to overhaul attitudes towards the handling of personal data. The reform…

Legal Article

ICO Flexes its Muscles in Warm-up for GDPR - Double offender fined £325,000

24/05/18

The current cap on Monetary Penalty Notices for Data Protection Act 1998 breaches is £500,000. That cap is going up to EUR 20,000,000 tomorrow with the coming into force of GDPR and the Data Protection Act 2018 and, to celebrate the imminent increase in its powers, the Information Commissioner's…

Legal Article

It's official! Data Protection Act 2018 given Royal Assent today

24/05/18

Today, the Queen gave Royal Assent to the Data Protection Act 2018 , which was first announced in the Queen's Speech on the 21 st June 2017. The new act comes into effect on Friday 25 May 2018. The previous legislation - the Data Protection Act 1998, has served us well and placed the UK at the…

Legal Article

It's official! Data Protection Act 2018 given Royal Assent today

23/05/18

Today, the Queen gave Royal Assent to the Data Protection Act 2018 , which was first announced in the Queen's Speech on the 21 st June 2017, as mentioned in a previous blog. The new act comes into effect on Friday 25 May 2018. The previous legislation - the Data Protection Act 1998 - which we all…

Legal Article

Forced Marriage, successful prosecution - jail sentence of 4 years

23/05/18

A mother who had forced her 17 year old daughter to marry a 36 year old in Pakistan in September 2016 has been sentenced today at Birmingham Crown Court.  The court concluded that the daughter had been sold for her passport.  The jury heard that the daughter had protested against the marriage however…

Legal Article

Joint Tenants v Tenants In Common

23/05/18

When a property is owned by more than one person/entity then it needs to be decided exactly how the parties are to hold the property. This may seem like a strange question, but in reality it can be very important. Legally a property will be jointly owned by any party that is listed as a 'registered…

Legal Article

Potholes - AA Announces #FlagitFunditFillit Campaign

17/05/18

In recent months there has been extensive national and local press coverage discussing the state of the highway network and the number potholes. A harsh winter and reducing budgets has taken its toll in some areas. One person in Swindon has even taken to submerging dolls heads in potholes to attract…

Legal Article

Repair Time Challenge Fails

17/05/18

Gilpin v Blackburn with Darwen Borough Council Preston County Court On 21 st May 2016, the claimant alighted from a taxi, took a few paces and stumbled in a pothole falling onto her outstretched hand and suffered injury. The claimant brought a claim against the local authority under the…

Legal Article

Section 58 Defence Wins the Day

17/05/18

Potts v Wigan Council District Judge Mornington - Wigan County Court The claimant alleged that he was running along the pavement outside his home in May 2013 when he tripped on a raised paving slab. The claimant fractured his ankle as a result of the fall. At trial, the claimant…

Legal Article

Regulatory Roundup

16/05/18

DHL fined £2m over death of an employee An employee died after he was trapped between a reversing lorry and a loading bay at the company's site in 2015. DHL admitted breaching s. 2(1) and 3(1) of the Health and Safety at Work Act and was ordered to pay costs of £100,000…

Legal Article

Good Service

16/05/18

In the case of Sally Woodward & Mark Addison v Phoenix Healthcare Distribution Limited the Court granted an order for retrospective alternative service of a claim form under CPR 6.15(2). The master found that the defendant's solicitors had breached their duty to further the overriding…

Legal Article

No Duty to Cut Back Vegetation on Land Adjacent to Highway

16/05/18

Sumner v Michael Colborne & Denbighshire County Council & Welsh Ministers (2018)[2018] EWCA Civ 1006 The Court of Appeal found that the highway authority did not owe a duty of care to highway users to cut back vegetation on land adjacent to the highway which interfered with drivers'…

Forbes News

Forbes Underlines Commitment To Equality With Four Promotions

16/05/18

Forbes Solicitors has announced the appointment of two new Partners and two new Associates as part of its continued growth. The largest legal practice in the North West outside the major cities has promoted Shirley Wignall and Gill Carr to Partners from Associates. It has also confirmed that…

Legal Article

EAT Overturns Sex Discrimination Finding Regarding Shared Parental Leave

15/05/18

In the recent appeal made by the Respondent in Capita Customer Management Ltd v Ali UKEAT/0161/17/BA , the Employment Appeal Tribunal (EAT) held that failing to pay a father his full salary during shared parental leave, where a female colleague on maternity leave would have received her full salary…

Forbes News

Forbes Shortlisted for British Claims Awards

14/05/18

We are pleased to announce that the Forbes Insurance Department has been shortlisted for the British Claims Awards in the strongly contested categories of Defendant Law Firm of the year and Counter Fraud award. The British Claims Awards celebrate the successes of leading professionals in the claims…

Legal Article

What to do if you have Asbestos in a Commercial Property

02/05/18

Have you ever thought who may be responsible for maintaining all or part of your business premises in relation to asbestos? It is illegal to use any form of asbestos in the construction or refurbishment of any buildings. Much of what was previously used however is still in place. The current key…

Legal Article

New President of Family Division

01/05/18

Sir James Munby, who is the current President of the Family Division, retires on 27 July, handing over the baton to Sir Andrew McFarlane who is a Court of Appeal Judge. Sir James Munby has seen a huge change in his time as President and a move towards digitalisation of the court system.  He has…

Legal Article

Digitisation of divorce applications

01/05/18

Outspoken Judge and President Judge Munby has said that the pilot of the digitised divorce petition has been a "triumphant success". It has been found that 13,000 hours of court staff time could be saved by applications being made online rather than paper applications.  Adam Lennon, who is…

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April

Legal Article

Are you Divorced or not Divorced - That is the question?

26/04/18

Senior Divorce Judge, Sir James Munby, has ordered Courts to apologise for the 'devastating impact' errors have had on newly divorced couples who thought they had formally separated following a series of blunders by officials.  The series of errors appears to have been made at the 11 divorce centres…

Forbes News

Forbes' Housing and Regeneration Team Boasts Seven High Court Advocates

20/04/18

Leading law firm Forbes Solicitors' successful Housing and Regeneration Department now boasts seven High Court Advocates after the latest successes in the Higher Rights of Audience qualification assessments. Partner Justine Hunkins and Solicitors Amy Chadwick and Emanuele Bellanca became the…

Legal Article

Is no-fault divorce the way forward?

16/04/18

Britain's top family judge, Sir James Munby has suggested that no blame divorce should be introduced for those people "trapped in a loveless marriage". According to the current law, those wishing to apply for a divorce must show that their marriage has broken down irretrievably on one of the…

Legal Article

Divorce and Finances

15/04/18

Everybody's experience when divorcing is different. It is impossible to compare a friend or relative's divorce outcome with that of your own, as circumstances will be different. However, in all divorces, how the husband and wife act could influence the settlement and how fair it is.…

Legal Article

Register of Beneficial Owners of Overseas Entities

13/04/18

In May 2016, the Government announced its intention to introduce a register of beneficial owners of overseas companies owning property in the UK. Following a consultation on proposals, the Government has responded on how it intends to implement the register in light of the responses received.…

Legal Article

"No property in a corpse": body and funeral disputes on death

10/04/18

Recent figures released by a provider of funeral plans in the UK suggest that a quarter of deaths lead to family disputes, and over 20% of these disputes relate to the disposal of a body. In line with these figures, it is my experience that funeral and burial disputes and disputes over the ownership of…

Legal Article

Changes to energy performance certificate regulations

10/04/18

From the 1 April 2018 there are going to be major changes to the regime governing Energy Performance Certificates ("EPC's"). The changes are to be brought into effect by The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 ("the MEES Regulations")…

Legal Article

Wrongful Birth

09/04/18

Such cases are different to wrongful conception cases as here the Claimant did not seek to avoid conception itself but instead the negligence has caused them to lose the opportunity to terminate a pregnancy ( for example through negligent pre-natal screening). The case of Meadows v Khan (2017) means…

Forbes News

Experienced Highways Inspector Wins the Day!

09/04/18

Bailey v Warrington Borough Council and United Utilities Water Limited St Helens CC - District Judge Simister The Claimant alleged that she was walking along the pavement when she tripped on a defect in the pavement where a United Utilities stop tap grid cover was located. At trial, the…

Legal Article

Regulatory Roundup

09/04/18

Health & Safety Fine for Tree Climbing Fall Center Parcs UK has received a £250,000 fine and ordered to pay costs of £14,000 after an eight-year-old child fell from a tree and broke her wrist. The child was participating in an organised tree climbing class. Prior to the…

Legal Article

Universal Credit

09/04/18

Universal Credit is the government's flagship reform of the benefits system. Universal Credit was introduced to simplify the benefit system but has proved to be unpopular with many. In this article we consider the implications for defendants and insurers who are responsible for re-paying social…

Forbes News

Gender Pay Gap Report

04/04/18

As with all other organisations employing more than 250 people Forbes has provided full information in connection with the gender pay gap between men and women employed in our organisation. This is not a comparison of the salaries for men and women doing the same jobs, but is calculated by comparing the…

Legal Article

Unexpectedly high Gender Pay Gap reported in schools

04/04/18

With the 4 April 2018 deadline for submitting gender pay gap information looming, of 181 primary and secondary schools who have now reported on their pay figures only 11 pay women more than men. And of the 100 companies with the biggest pay gap across England, Wales and Scotland that have reported on…

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March

Legal Article

EAT clarifies position on employer's lack of knowledge of disability

27/03/18

The Employment Appeal Tribunal recently confirmed that the Claimant's strong belief that he has a disability isn't enough to ensure that his employer should be regarded as knowing, or be reasonably expected to know, of his disability. In Toy v Chief Constable of Leicestershire, the Claimant…

Legal Article

Questions we have been asked this month

23/03/18

Q. Is it possible to employ agency teachers to cover teaching staff who are going on strike? A. It is not lawful to supply agency workers to perform the duties normally performed by an employee who is taking part in a strike. Regulation 7 of the Conduct of Employment Agencies and Employment…

Legal Article

Social Housing Regulation - what's in a name?

16/03/18

In January 2018, the Homes and Communities Agency split into two separate entities: Homes England and the Regulator of Social Housing (RSH). The reasoning behind the move is to eliminate the perceived potential conflict of interests between the part of the body that regulates registered providers, and…

Forbes News

Forbes Shortlisted for the Insurance Post Claims Award

16/03/18

We are pleased to announce that the Forbes Insurance Department has been shortlisted for the Insurance Post Claims Award in the strongly contested category of Insurance Law Firm of the Year for work in fraud and social care. These Awards celebrate the achievements and progress made by the leading…

Legal Article

Pre Action Protocol - How has it affected you?

13/03/18

On 1 st October 2017 the new "Debt Pre Action Protocol" came into force, changing the way in which formal demands for debts are made from individuals and sole traders. Instead of the usual 14 days to respond, both types of entities now have 30 days to respond to the demand for payment,…

Legal Article

Claim Following an Accident in a Pothole Marked for Repair Fails

13/03/18

Gilpin v Blackburn with Darwen Borough Council DJ Hinchcliffe - Preston CC The claimant alleged that as she was crossing the road after alighting from a taxi, she tripped and stumbled in a pothole and fell onto her outstretched hand. The residential cul de sac was subject to an annual…

Legal Article

Claimant Facing Strike Out Application Entitled to Discontinue Claim

13/03/18

Mabb v English [2017] EWHC 3616 (QB) The Court has ruled that it is not an abuse of process for a claimant to file a notice of discontinuance to avoid possibly having to pay the defendant's costs. The claimant sought damages from the defendant for alleged clinical negligence. The…

Legal Article

Whiplash Reforms Look Set for April 2019

13/03/18

It has been reported by the Motor Accidents Solicitors' Society that Ministry of Justice officials have confirmed that the government will implement the proposed reforms to the RTA system from April 2019, with personal injury reforms to be introduced at a later date. It is understood that the…

Legal Article

No Special Rules for Litigants in Persons

13/03/18

Barton (Appellant) v Wright Hassall LLP (Respondent) [2018] UKSC 12 The Supreme Court has confirmed that the rules of service apply to all litigants regardless of whether or not they are represented. The Facts Mr Barton acting as a litigant in person brought a negligence action…

Legal Article

Domestic Abuse Reforms

08/03/18

Today Theresa May has launched a consultation on the Government's new domestic abuse Bill. This much anticipated draft Bill will provide for the first time a statutory definition of domestic abuse that includes economic abuse, alongside other forms of non-physical abuse. Family, Civil or Criminal…

Legal Article

Could you identify a 'never event'?

07/03/18

In 2018 the Government published the Revised Never Events Policy and framework. A never event, should as the words suggest, not happen. It is a serious and entirely preventable event because at National level there are safety recommendations and guidance providing a strong protective barrier which…

Legal Article

Winner Winner (No) Chicken Dinner - KFC and Supply Contracts

05/03/18

KFC has recently hit the news for all the wrong reasons, due to a huge amount of stores running out of fresh chicken. Out of 900 restaurants only a reported 254 of these remained open, the majority of which could only offer a limited menu and reduced their opening hours. This major issue allegedly…

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February

Legal Article

Head teachers call for fairer salary framework

28/02/18

Head teachers in England have called for a fairer framework addressing the pay levels of all school staff to prevent "fat cat" pay gaps. This follows the revelation earlier this month that the Chief Executive of the Harris Foundation, Sir Dan Moynihan, had become the first in the state sector…

Legal Article

Government targets fathers to 'Share the Joy'

22/02/18

The Government has launched an innovative new 'Share the Joy' campaign to encourage more parents to take up the offer of Shared Parental Leave in their baby's first year.  The campaign launch follows discouraging research from the Department of Business, Energy and Industrial Strategy ('BEIS')…

Legal Article

Time spent by employees "on call" to potentially attract pay

22/02/18

The European Court of Justice (ECJ) ruled yesterday that periods on call must be considered to be working time and be paid accordingly. Rudy Matzak, a Belgian volunteer firefighter, began serving in 1981.  Mr Matzak was permitted to stay at home when he was on call, but had to be ready for service…

Legal Article

#GDPR Week - 100 Days to Prepare

16/02/18

This week marks 100 days to go until the coming into force of the General Data Protection Regulation in the United Kingdom. The ICO has confirmed that there will be no "grace period" come 25 May; GDPR was published in 2016 and so we are in the transition period now. Hopefully by now you will have…

Legal Article

Is EUr Trade Mark Ready? - Preparing your business for Brexit

16/02/18

Uncertainty surrounding the effects Brexit will have upon trademarks and intellectual property (IP) across the EU remains, with the next phase of talks focusing on the future of the trading relationship between the UK and EU. Already one UK based IP firm has announced they will open a new office in…

Legal Article

Questions we have been asked this month

16/02/18

Q. Can a fixed term contract (FTC) be brought to an end before its expiry? Does a fixed term worker have the same rights? A. It is commonly mistaken that a Fixed Term Worker does not share the same rights as a permanent employee. Under the Fixed Term Employees (Prevention of Less Favourable…

Legal Article

Suspension of Employees in Schools

16/02/18

In a recent Court of Appeal case ( Simon Agreyo v London Borough of Lambeth (Appeal)) the court concluded that suspension should not be a ' knee-jerk' reaction and that alternative options that would be reasonable should be taken into consideration. This case has followed on from similar case…

Legal Article

MEES, please... are you ready?

16/02/18

April 2018 is the date when the new requirements will first hit…are you ready? The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (MEES Regulations) were introduced to improve energy efficiency in both domestic and non-domestic private rented properties as…

Legal Article

Tesco Equal Pay

07/02/18

It has been reported today that Tesco is facing Britain's largest ever equal pay claim. Pre-claim conciliation has been commenced in which women that work in stores claim their work to be of equal value with men that work in warehouses. Apparently, the most common rate hourly rate of pay for women is…

Legal Article

Clause for Concern: Recent Updates to Exclusion Clauses and Indemnities

07/02/18

Contracting parties must always be considerate of circumstances that could lead to losses, even more so when these parties are of equal bargaining power. The recent decisions of the courts in relation to exclusion clauses and indemnities, affirms the position that drafting these types of clauses in a…

Legal Article

Lasting Power of Attorney Refund Scheme Launched

06/02/18

The Ministry of Justice have launched a scheme to refund those who may have overpaid to register their Lasting Powers of Attorney (LPAs). For LPAs registered with the Office of the Public Guardian (OPG) between 1 April 2013 and 31 March 2017, a partial refund of the registration fee is available.…

Legal Article

"A Picture is Worth a Thousand Words"

06/02/18

The Claimant, aged 76 at the date of the accident, alleged that she sustained a personal injury after tripping over a base level barrier after collecting her grandchild from school. The school was partly under construction and base level barriers are generally used to segregate pedestrian walkways…

Legal Article

Pull the other leg!

06/02/18

Wigan Council - DDJ Glassbrook - Wigan County Court A Claimant had her highways claim dismissed at trial after giving unconvincing evidence. The Claimant alleged that she was walking along a road one evening with her friend, when her right foot got stuck in a pothole. She pleaded that she…

Legal Article

Highways Claim Dismissed by Judge

06/02/18

Barnes v Tameside Metropolitan Borough Council A Judge dismissed a claim for personal injury after finding that the Claimant had failed to prove her claim. In April 2014, the Claimant alleged that she was walking home from the supermarket when she tripped on a defective grid and stubbed her…

Legal Article

Claimant Loses Appeal after Slipping on Ice on a Council Car Park

06/02/18

Cook v Swansea City Council (2017) EWCA Civ 2142 The Court of Appeal has dismissed an appeal from an Appellant Claimant after his claim for damages in negligence and/or breach of duty under s2(2) of the Occupiers' Liability Act 1957 was dismissed. The claim arose from an accident in…

Legal Article

PI Reform Update

06/02/18

Lord Keen of Elie QC has appeared before the House of Commons Justice committee to set out the government's agenda for personal injury reforms. This one off session was intended to explain: · the rationale and evidence supporting the Government's proposals for raising the…

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January

Legal Article

Big Brother at Work

26/01/18

Surveillance and privacy in the work has been under the spotlight recently at the European Court of Human Rights. The cases of Antovic and Mirkovic v Montenegro and Lopez Ribaida & Ors v Spain considered whether video surveillance breached Article 8 of the European Convention on Human…

Legal Article

What to expect in 2018 - a guide for employers

26/01/18

With the new year already under way and 2017 having rapidly come and gone, we provide employers with an outline of key issues they should note and take steps to prepare for this year. If 2017 was a busy year for employers, 2018 is expected to be even busier. So, what do you need to know (that…

Legal Article

Does the termination of a fixed-term contract amount to unfair dismissal?

26/01/18

The use of fixed-term contracts is widespread across many industries and business sectors. Whilst the mechanism behind this type of contract appears simple, dealing with the expiry of a fixed-term contract is not always straightforward. The Employment Appeal Tribunal in Royal Surrey County NHS…

Forbes News

Forbes Appoints Oliver Burton as Chief Executive Officer

17/01/18

Forbes Solicitors, the North's leading law firm, has announced the appointment of Oliver Burton as its new Chief Executive Officer. Oliver joins from Warrington-based FDR Law, where he had been CEO since June 2013. Prior to that he was Corporate Banking Director at RBS Corporate in Lancashire…

Legal Article

Contesting a Will - An Overview

12/01/18

With an ageing population, a dramatic increase in house prices and more complex family structures, will disputes are becoming increasingly common. Ben Wilson, an Associate at Forbes Solicitors specialising in Contentious Trusts and Probate, gives an overview of the various ways to contest a will or make…

Legal Article

BBC discloses gender pay gap figures

09/01/18

The BBC is the latest organisation to comply with the reporting obligations in accordance with the Gender Pay Gap Regulations (GPG) 2017, having published their gender pay report together with an equal pay audit. The report shows the difference in the average pay between all men and women within the…

Legal Article

Inheritance Act Claims - 2017 Case Round Up

08/01/18

2017 has been a busy and formative year for claims under the Inheritance (Provision for Family and Dependants) Act 1975 (the " Act "), so here's a round up and summary of some of the key cases of 2017: Ilott v The Blue Cross and others [2017] UKSC 17 (commonly referred to as…

Legal Article

Larke v Nugus - tips from the dark side

04/01/18

For most Wills and Probate Solicitors and Will Writers, a Larke v Nugus request is relatively rare. But what is a Larke v Nugus request, what are your obligations and how do you respond. Ben Wilson, an Associate Solicitor at Forbes Solicitors, who specialises in Contentious Wills, Trusts and Probate…

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