Archived News from 2018

May

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…

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…

Regulatory Roundup

16/05/18

Bouncy Castle Owners Convicted of Manslaughter A couple who operated a fairground in Essex have been convicted of gross negligence manslaughter and failure to discharge a duty under s 3(2) of the Health and Safety at Work Act after a seven-year-old girl died when the bouncy castle she was…

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…

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 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 practic e in the North West outside the major cities has promoted Shirley Wignall and Gill Carr to Partners from Associates. It has also confirmed that…

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 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…

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April

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…

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.…

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")…

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…

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…

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…

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…

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

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…

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…

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 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…

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…

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…

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…

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…

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February

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…

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…

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…

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…

"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…

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…

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…

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…

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

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…

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…

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 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…

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…

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