Archived News from 2019

Together we are Forbes

September

Legal Article

Legal Advice Privilege

16/09/19

Legal advice privilege is a lot like gravity, most people know it exists and are glad it exists, but don't really understand it. If legal advice privilege didn't exist then whilst we wouldn't all float away into the atmosphere, it would make taking effective advice for your organisation much…

Forbes News

Forbes Solicitors Shortlisted In Prestigious North West Dealmakers Awards

16/09/19

Forbes Solicitors has been shortlisted in the Mid-Size Law Firm of the Year category in the prestigious Insider North West Dealmakers Awards 2019. The leading North West awards are celebrating their 25th Anniversary, with the winners being announced during a black tie dinner at the Manchester…

Legal Article

The Kylie Trademark Battle

11/09/19

In April 2015, reality star Kylie Jenner made an official attempt to register the mark 'Kylie' in the United States for the purposes of advertising and endorsement. This move was to trigger significant opposition from Kylie Minogue, the Australian singer/actress, and subsequently lead to a…

Legal Article

International / EU Trademarks

11/09/19

Did you know we can assist you with Trade Marks outside of the UK? In addition to dealing with UK Trade Mark registrations, we can support you with both EU and International Trade Marks. What is a Trade Mark? A trade mark is a type of intellectual property consisting of a recognisable…

Forbes News

Stuart Lowery Joins Forbes Solicitors As HR Business Partner

09/09/19

Stuart Lowery has joined leading legal firm Forbes Solicitors as a HR Business Partner in the Employment team. Stuart's role will support clients beyond the legal aspects of HR, providing advice and practical support on the implementation of different HR policies, practices and systems. Based…

Forbes News

Clients opting for local legal advice

06/09/19

A recent survey published by Legal Services Consumer Panel has recognised that shopping around for legal services isn't always the best way forward. Just over one quarter (28%) of people shop around when choosing a legal service provider. Of those who shop around, almost half (44%) don't…

Legal Article

Government Consultation on Shared Ownership

05/09/19

Over the past decade, there has been a rise in the popularity of affordable housing schemes due to the affordability barriers present in many cities across the UK. The barriers have caused numerous aspiring first-time buyers, to approach housing associations who offer shared ownership schemes to help…

Legal Article

From DOLS to LPS...

05/09/19

On 16 May 2019, the Mental Capacity (Amendment) Act 2018 received Royal Assent and is expected to come into force in the Spring of 2020. This legislation will create a new and more streamlined model for authorising deprivations of liberty in care and will replace the current Deprivation of Liberty…

Forbes News

Cauda Equina Syndrome - The spinal injury costing the NHS millions

03/09/19

According to a leading consultant, failure to diagnose and treat Cauda Equina Syndrome (CES) is costing the NHS hundreds of millions of pounds each year. CES is a severe narrowing of the spinal canal usually caused by a prolapsed invertebral disc when the nerves become severely compressed. This can…

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August

Legal Article

Future funding of social care

21/08/19

The Alzheimer's society have recently published analysis which states that people living with dementia have spent almost £15bn of their own money on social care since the Government reforms were first proposed in March 2017. The Government committed to publish a Green Paper on social care in…

Forbes News

Forbes Appoints Helen Marsh As Partner In Commercial Property Team

15/08/19

Forbes Solicitors, one of the North's leading legal firms, has appointed Helen Marsh as a Partner in its Commercial Property team. Helen, who is based at the firm's Central Lancashire office, advises on a full spectrum of commercial property law issues including sales, purchases and leases…

Legal Article

Building Control sign-off needs insurers to sign up!

15/08/19

The building control industry have received increased scrutiny as a direct result of the increasing focus on public protection after the tragic incident at Grenfell Tower… the impact is becoming more prevalent as Approved Inspectors' insurance policies are up for renewal… There…

Forbes News

Forbes' Ladies Night Raises Vital Funds for Rainbow House

15/08/19

A charity which empowers people with disabilities to lead a more active and independent life has benefited by £664 after a fundraising night of food, drinks, a catwalk and a showcase of beauty products organised by Forbes Solicitors. Rainbow House, based in Mawdesley, fills a gap in provision…

Legal Article

Forbes at Trial: Father and Daughter School Tripping Claim Fails

15/08/19

Saleem & Rizwan v Rochdale Borough Council In October 2017, the First Claimant was taking his daughter, the Second Claimant to school. It was alleged that as they walked through the school grounds, they both tripped and fell in the missing part of a dilapidated grate. They brought a claim…

Legal Article

Forbes at Trial: Costly Claim Fails at First Hurdle

15/08/19

Cox v Bury A Claimant's claim for personal injury was dismissed after the Court concluded that the alleged pothole was not cause of the Claimant's accident. The Claimant alleged that she tripped in a pothole measuring in excess of 50mm and sustained a fractured elbow. The Claimant…

Forbes News

Regulatory Update - August 2019

15/08/19

HSE Dust-busters HSE inspectors are currently visiting high-risk businesses to assess how employers are controlling exposure to dust. They are likely to focus on construction sites, woodwork businesses and food manufacturers. Such industries often produce high levels of dust, which can be harmful…

Legal Article

Challenges and Opportunities in the Manufacturing Sector

05/08/19

With uncertainty presented by political unrest and the fast pace at which technology is advancing through Industry 4.0, great opportunities are currently being presented to the manufacturing and engineering sector. Whatever size your business, it is crucial to assess current business strategy,…

Forbes News

Rectification of a Disclosure Letter

05/08/19

The nature of a disclosure letter is in its name, to disclose relevant points of interest to a buyer prior to the conclusion of a sale, which may be inconsistent with warranties provided by a seller in a sale agreement. As a crucial document in any acquisition, it is in the seller's interest that…

Forbes News

Do I need a Shareholder's Agreement?

05/08/19

This is a question we often get asked by our clients who are currently holding or are planning to hold shares in a company. Although there is no legal requirement to have a shareholders' agreement, every company is strongly advised that they have one. Shareholders' agreements are a means…

Legal Article

70th Birthday of Legal Aid

02/08/19

The Legal Aid and Advice Act received Royal assent on the 30th July 1949. Ultimately, the aim was to introduce a consistent approach in England and Wales to help and support those who could not afford legal advice or representation and provide them with access to justice. Legal aid was and still is…

Forbes News

The Role of the Professional Team in Construction Projects

01/08/19

A construction project typically involves a number of professionals contracted to provide a variety of services. The role of a contractor and its sub-contractors is to carry out the physical work, whereas the role of a professional is to provide specialist advise relating to the project. The group of…

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July

Legal Article

Department Focus - Commercial

31/07/19

Our Commercial Department provides support in areas such as: · Building contracts (including making use of JCT and NEC models) · Subcontracts · Collateral Warranties · Professional Appointments · Performance Guarantees and Bonds · Deeds of…

Forbes News

Tenant Break Notices

30/07/19

What is a break clause? A break clause is a term in a lease which allows a party (usually the tenant) to end the lease earlier than the contractual end date. The advantage to a tenant is that if they are unsure about the profitability of the business at that location, they can vacate sooner…

Forbes News

NASUWT Reports Teachers Won £15m in Compensation Claims in 2018

30/07/19

It has been reported by the National Association of Schoolmasters Union of Women Teachers (NASUWT) that during 2018 they secured compensation of £14,933,905.34 for its teacher members. The sums were awarded as a result of claims for accidents, attacks by pupils, and employment disputes.…

Forbes News

Regulatory Update - July 2019

30/07/19

Annual Workplace Fatality Figures Released by HSE The Health and Safety Executive (HSE) has released its annual figures for work-related fatal injuries for 2018/19. According to the statistics, 147 workers were fatally injured whilst at work between April 2018 and March 2019. Whilst the HSE reports…

Forbes News

Forbes Solicitors Announced As New Lancashire Ambassador

30/07/19

Leading legal firm Forbes Solicitors has joined the county's growing network of Lancashire Ambassadors. Forbes, which has offices across Lancashire in Blackburn (two), Accrington, Walton Summit, Preston and Chorley, is ranked as a Legal 500 Top Tier Firm and a Chambers and Partners Leading Firm…

Forbes News

Claimant's Claim Hits a Major Bump in the Road

25/07/19

Curran v Calderdale Council A Claimant, who alleged he had sustained personal injury after the wheel of his lorry hit a pothole, has agreed to pay the Defendant's costs in full if the Council agreed to withdraw their application for a finding of fundamental dishonesty. In 2015, the…

Forbes News

Claimant is the Author of his Own Misfortune

25/07/19

W v A Family Leisure Park The Facts In August 2015, the Claimant and his family visited a theme park owned by the Defendant. The Claimant alleged that he was sitting at a table in the restaurant when his chair simply collapsed. He suffered neck and back injuries as a result of the incident…

Forbes News

The New Discount Rate: Time for Action

25/07/19

The Lord Chancellor has announced that the new Discount Rate will be set at minus 0.25% and will take effect from 5 August 2019. It is disappointing news for Compensators; although damages claims will be reduced, the savings fall far below those that would have been achieved had a change back to a…

Forbes News

Accident Prone Claimant Loses at Trial

25/07/19

Higgs v Bury Council The Claimant brought a personal injury claim after tripping in the street. The Defendant admitted liability but put the Claimant to strict proof at trial. The Facts The Claimant alleged that she was on her way to pick her daughter up from school when she stubbed her…

Forbes News

No Duty to Warn Opponents of Mistakes

25/07/19

Woodward & Anor v Phoenix Healthcare Distribution Ltd (2019)[2019] EWCA Civ 985 The Court of Appeal has confirmed that a party is not required to draw attention to mistakes made by another party. The Facts The Claimants, through their solicitors, purported to serve a Claim Form and…

Forbes News

Surveillance Evidence leads to finding of Fundamental Dishonesty

25/07/19

Sudhirkumar Patel v (1) Arriva Midlands Ltd (2) Zurich Insurance PLC (2019) [2019] EWHC 1216 (QB) QBD (Judge Melissa Clarke ) 14/05/2019 A Claimant who alleged that he was unable to move or communicate has been found fundamentally dishonest and has had his claim struck out by the High Court, after…

Legal Article

Consumer Regulation Review 2018-2019

23/07/19

Every year, the Regulator of Social Housing (RSH) publishes their annual consumer regulation review, which sets out how the RSH has applied consumer regulation legislation as well as gives examples of this in action. The RSH, as a regulator, publishes these reports to ensure transparency in their…

Forbes News

Midsummer Ball Raises an Incredible Amount for Chorley Based Charity

22/07/19

A Midsummer ball organised by Forbes Solicitors and Handelsbanken has raised £9,300 for a national youth charity based in Chorley. The event was held at Shaw Hill Golf Resort and Spa Hotel, Whittle-le-Woods and was attended by more than 130 guests from the local business community.…

Forbes News

Management Buyout of Business Insight 3 Ltd

22/07/19

Preston-based Business Insight 3 Ltd has undergone a management buyout by Director Glen Higson. Bi3 has been keeping property secure and people safe and informed since 2009. It combines innovative, cutting edge technology from around the world with in-house expertise to provide bespoke solutions…

Forbes News

Commercial Property Searches - Are they really necessary?

22/07/19

On all Commercial Property transactions it is recommended that standard pre-contract searches are carried out, whether they are absolutely essential does depend on the type of transaction proceeding. For example, should you be purchasing a commercial property with a lender involved then searches must be…

Forbes News

Incoterms - 10 years on

22/07/19

What are incoterms? Incoterms, short for International Commercial Terms, were first published by the International Chamber of Commerce (ICC) in 1936 and have since facilitated business' terms of trade around the world. Traders can choose to incorporate Incoterms into their contracts to…

Legal Article

Joint Committee Welcomes Proposals to Extend Bereavement Damages to Cohabitees

17/07/19

A Joint Committee on Human Rights has welcomed the proposed draft Fatal Accidents Act 1976 (Remedial) Order 2019 ("the Remedial Order") to extend the right to claim bereavement damages to cohabiting couples. The Committee notes that it is regrettable that it has taken twenty years following…

Legal Article

Government Sets New PI Discount Rate at -0.25%

15/07/19

The Lord Chancellor has today announced that the new discount rate will be set at minus 0.25%. The announcement follows a comprehensive review of the rate as provided for in the Civil Liability Act 2018. Currently the discount rate stands at minus 0.75% after it was controversially reduced in 2017…

Legal Article

The Impact of Equality Legislation

15/07/19

It has not quite been 10 years, but it has been some time now since the Equality Act 2010 hit the statute books. The swansong of Gordon Brown's Labour administration, it was an ambitious piece of legislation which sought to consolidate nearly 40 years' worth of anti-discrimination laws into a…

Legal Article

Potential Fine of £99 Million for Marriot for GDPR Breach

11/07/19

On 09 July 2019, the Information Commissioner's Office (ICO) announced that it intended to fine Marriott International, Inc more than £99 milllion for breaches of the General Data Protection Regulation (GDPR). The ICO confirmed that it has conducted an investigation into Marriot…

Legal Article

Inheritance Tax gifts shake-up

10/07/19

An independent review by the Office of Tax Simplification (OTS) has concluded that the "seven year rule", a bedrock of UK inheritance tax (IHT) planning whereby assets given away during an individual's lifetime are exempt from IHT if the individual survives for at least seven years, should…

Forbes News

Covertly Recording Meetings

09/07/19

A common question that is often asked by employers is what can I do if my employee has covertly recorded a meeting. Only a few years ago employees would have to be very motivated to covertly record meetings and it was not uncommon to find employees producing devices James Bond would be envious of,…

Forbes News

Forbes Appoints Michael Chambers To Lead Growing Dispute Resolution Team

08/07/19

Leading legal firm Forbes Solicitors has appointed Michael Chambers as Partner and head of its growing Dispute Resolution team. The team has also been boosted by the arrival of Laura Hallett Lea as an Associate, Jordan Davies as a Solicitor, Andrew Wilkinson as a Paralegal and Sophie Jackson as a…

Legal Article

British Airways Breach Leads to £183 million ICO fine

08/07/19

British Airways (BA) has been issued a notice by the Information Commissioner's Office (ICO) regarding its intention to fine the airline £183.39 million for violation of the General Data Protection Regulation (EU) 2016/679 (the GDPR). What did they do wrong? The violation in question…

Forbes News

Further criticism of the use of NDAs in discrimination cases

05/07/19

The House of Commons Women and Equalities Committee published its report into "The use of non-disclosure agreements in discrimination cases" last month. The Committee launched an inquiry following the concern surrounding non-disclosure agreements ("NDAs") in the wake of the #MeToo…

Legal Article

Effects of cyber attack continuing to be felt

04/07/19

The after effects of a deliberate cyber attack continue to be felt by the UK's largest provider of forensic analysis services. It has come to light that UK police have frozen all work with Eurofins, who conduct DNA analysis, toxicology, ballistics and computer forensics work for police forces, as a…

Forbes News

The Power of a Part 36 Offer to Settle

04/07/19

JLE v Warrington & Halton Hospitals NHS Foundation Trust [2019] What is a Part 36 Offer? A Part 36 offer is an offer to settle a case pursuant to Part 36 of the Civil Procedure Rules. There are unique consequences for an offeree who rejects a Part 36 offer and then fails to 'beat…

Forbes News

Don't get caught out, watch out for the SDLT changes

02/07/19

Are you aware of the important changes affecting Stamp Duty Land Tax (SDLT)? When there is a reportable property transaction, there is a requirement to inform H M Revenue & Customs (HMRC) by submitting a Stamp Duty Land Tax Return Form (SDLT) and paying the necessary SDLT payment. At…

Forbes News

No fault divorce - It's the future?

01/07/19

There have been calls for Divorce law reform for a number of years and it now seems that a positive decision to that is imminent. MP's are debating The Divorce, Dissolution and Separation Bill which, if passed, will overhaul the current system of fault-based divorce. The idea behind the Bill is…

Forbes News

Forbes' Housing and Regeneration (Property) Team Sees Growth of 50%

01/07/19

Leading legal firm Forbes Solicitors has boosted the expertise and experience in its Housing and Regeneration (Property) team with a series of key appointments. The team, led by recently promoted Partner Jennifer Hankinson, has grown by 50% in the last year, with new appointments ranging…

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June

Forbes News

Forbes Celebrates Recognition At Europe's Biggest Legal Awards

28/06/19

Leading legal firm Forbes Solicitors has been honoured at The Lawyer Awards 2019 - receiving a commendation in the Regional Law Firm of the Year (Independent) category. The awards, held at the Grosvenor House Hotel, London, are the leading awards initiative within the legal calendar and are the…

Forbes News

Fail to prepare, prepare...for delays

27/06/19

When deciding to buy a commercial property through a pension scheme arrangement, it is important to bear in mind that there are additional issues and complexities involved through the course of the transaction. Some of the key issues relevant to pension scheme purchases which should be considered at the…

Legal Article

Let's Twist Again - Defendant not liable for fairground injury

27/06/19

Cullum v Rainbow Amusement Park Ltd A Claimant brought a claim for personal injury after she alleged that she had been injured whilst riding on the "Twist" fairground ride at the Defendant's Amusement Park. The popular "Twist" ride rotates in one direction whilst the…

Forbes News

Caution when Admitting Liability

27/06/19

Royal Automobile Club Ltd v Catherine Wright (2019)EWHC 913 (QB) The High Court has concluded that an application by a Defendant in a personal injury claim to withdraw an earlier admission of liability had rightly been rejected. The Claimant brought a claim against her employer after she…

Forbes News

ADEPT Publishes Pothole Guidance

27/06/19

The Association of Directors of Environment, Economy, Planning and Transport (ADEPT) have published an advice note - 'Potholes - a Repair Guide'. The research was commissioned by the Department for Transport following the severe weather of the 2017/18 winter, which caused a dramatic increase in…

Forbes News

Jogger's Claim Fails to Make Winning Line

27/06/19

Derbyshire v TMBC The Claimant alleged he was jogging along the road when he twisted his foot on a defect and suffered a personal injury. He brought a claim against the local authority. The Claimant had been jogging on a hatched area at the side of a carriageway, which was unpaved and around…

Forbes News

Employer Not Vicariously Liable for Partygoer at Staff Christmas Party

27/06/19

Sandra Shelbourne v Cancer Research UK (2019)[2019] EWHC 842 (QB) The High Court has considered the liability of an employer after an employee was injured at an office Christmas party by another partygoer. The facts In December 2012, a Christmas party was held at the Cambridge Research…

Forbes News

Raising the Threshold for Defamation - Test Case heard by the Supreme Court

27/06/19

Lachaux v Independent Print Ltd & Anor (2019)[2019] UKSC 27 For the first time the Supreme Court has considered the meaning and effect of the "serious harm" requirement in section 1(1) of the Defamation Act 2013. Section 1(1) provides that a statement is not defamatory unless it has…

Forbes News

Regulatory Update

27/06/19

Football club fined after tragic death of a volunteer A football club has been fined £1000 and ordered to pay costs of £1000 after the death of a volunteer. The 71-year old volunteer had been helping at the club when he accessed the roof to carry out a repair and fell through fragile…

Forbes News

Holiday Company Liable for Injury during Organised Game

27/06/19

Rebecca Osborne v Bourne Leisure Ltd (2019) CC (Winchester) (Judge Iain Hughes QC) 26/02/2019 A Defendant leisure resort owner was found liable after a guest sustained an injury whilst participating in an organised game at the Defendant's premises. The facts The Claimant was on…

Forbes News

What makes agricultural land different?

26/06/19

Agricultural property can be far more specialist than many first appreciate; even the seemingly straightforward transfer of a small field can involve additional considerations such as the transfer of Entitlements (for example Single Farm Payment and the like), any applicable Agri-environmental…

Forbes News

The Pitfalls of Retrospectively Amending the Terms of Pension Schemes

24/06/19

In the recent case of BIC U.K. Limited v. Burgess [2019] EWCA Civ 806 ("BIC"), the Court of Appeal offered further clarity on the ability to retrospectively amend pension scheme rules. The Court of Appeal overturned the previous High Court decision finding that increases to pensions in payment…

Legal Article

A Focus on the Professional Team

21/06/19

A construction project typically involves a number of professionals contracted to provide a variety of services. The role of a contractor and its sub-contractors is to carry out the physical work, whereas the role of a professional is to provide specialist advise relating to the project. The group of…

Forbes News

Forbes Appoints Jennifer Ross As Associate In Conveyancing Department

21/06/19

Leading legal firm Forbes Solicitors has appointed Jennifer Ross as an Associate in its Conveyancing Department. Jennifer, who is based in the Blackburn office, is a lawyer who has qualified as a Fellow of the Chartered Institute of Legal Executives in 2003, having worked in the legal sector since…

Legal Article

Releasing Restrictive Covenants

20/06/19

Alexander Devine Trust v Millgate 2018 What is a restrictive covenant on land? A restrictive covenant over land is a contract which runs with the land, and prevents that owner from doing certain things (usually relating to development or use). How is a restrictive covenant released /…

Legal Article

The Importance of Due Diligence

18/06/19

When purchasing a business, whether it is a purchase of its share capital or its assets and liabilities, the buyer of the business will often undertake due diligence (the level of which varies dependent upon the size of the undertaking, the terms of the deal and the level of pre-existing knowledge by…

Legal Article

Advice on Professional Negligence Claims

14/06/19

Advice given by professionals will be of the utmost importance to the client relying on it and be fundamental to business decisions. This may include examples such as legal advice on a significant transaction, an architect assisting with a construction project, engaging a chartered accountant to advise…

Legal Article

Social care liability - what does this case actually tell us?

14/06/19

Poole Borough Council v GN & Another Those of us who are involved with claims that deal with the actions of local authority social services have been waiting with baited breath for the handing down of the Supreme Court judgment in Poole BC v GN for almost 12 months. However, with the flood of…

Legal Article

Supporting Families; Investing in Practice

14/06/19

The Government has announced it intends to spend £15m to keep children out of care with an innovative scheme based on existing Family Drug and Alcohol Courts (FDACs) and Family Group Conferencing (FGCs) models. The new scheme named Supporting Families; Investing in Practice will be rolled…

Legal Article

The Issue of Criminality Under Data Protection

12/06/19

The issue of criminality under data protection has once again come into the spotlight. A Stockport Home Limited employee, Wendy Masterson, was found guilty at Stockport Magistrates Court on 6th June 2019 of unlawfully accessing individual's personal data without having a legitimate reason to do so…

Forbes News

Landlord & Tenant Update - New Eviction Form 6A s.21 Notice

12/06/19

A new version of Form 6A (the s.21 notice) has been introduced and must be used by landlords from the 1 June 2019. The new Form 6A (s.21 notice) can be found here: http://www.legislation.gov.uk/uksi/2019/915/contents/made This change has been ushered in as part of the government's introduction…

Legal Article

Future High Rise Building Regulation

07/06/19

The Government yesterday issued a consultation on its proposed changes for building safety for high rise buildings following the Hackitt Review. Please click here to view the proposed changes. The proposals are intended to improve safety and minimise the risk of fire in high rise buildings by…

Forbes News

Update - MEES, please... are you ready?

05/06/19

Following on from our previous blog 'MEES, please….are you ready?' published on 16 February 2018, the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (the "MEES Regulations"), have now been amended as of 1 April 2019 by the Energy Efficiency (…

Legal Article

Community Infrastructure Levy Regulations 2019 and Social Housing

05/06/19

The reform of developer planning contributions continues with the government proposing its seventh set of reforms to the Community Infrastructure Levy (CIL) Regulations 2010. The latest set of draft reforms seek to improve the operation of CIL by reducing complication, increasing market responsiveness…

Legal Article

What is the difference between Non-Molestation Orders and Restraining Orders?

05/06/19

Sometimes people find themselves in a situation where they feel they need protection from a certain person. You are usually able to apply for a Non-Molestation Order if you are a victim of domestic abuse and the person you want to be protected from is a "connected person". A connected person…

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May

Forbes News

Forbes Acts For LBT Holdings Over Sale To Brickability

29/05/19

Leading North West legal firm Forbes Solicitors has advised LBT Holdings Limited over the sale of Bolton-based LBT Brick and Facades Limited to Brickability UK Holdings Limited. The deal, for an undisclosed sum, sees the expansion of Brickability, providing it with increased coverage in the North…

Legal Article

NO FAULT DIVORCE: Proposed Changes and How Divorce Law will be Modernised

23/05/19

The existing rules governing divorce are set under the Matrimonial Causes Act 1973. The law requires the petitioner to show that their marriage, or civil partnership, has irretrievably broken down. To do this they have to either prove that their partner (the respondent) is at fault, due to them…

Legal Article

Regulatory Update - May

23/05/19

NHS Trust fined after exposing workers to Asbestos Shrewsbury and Telford Hospital NHS Trust has been fined for exposing employees and contractors to asbestos whilst carrying out refurbishment works. The NHS Trust pleaded guilty to two breaches of the Control of Asbestos Regulations 2012 and…

Legal Article

Claim Fails to Make the Threshold

23/05/19

Wigan Council A music teacher who brought a claim against the local authority, alleging negligence and breach of statutory duty has lost at trial. The Claimant was a peripatetic music teacher, who visited the school on a weekly basis to deliver music lessons. She tripped on a threshold whilst…

Legal Article

New Winter Service Guide Published

23/05/19

The National Winter Service Research Group ("NWSRG") has published a new practical guide for winter service. The latest national code of practice 'Well-managed Highway Infrastructure' published in 2016 no longer contains information relating to the delivery of the winter service.…

Legal Article

Asset Management Competence Framework Released

23/05/19

The UK Roads Liaison Group ("UKRLG") has released an Asset Management Competence Framework to help highway authorities implement the recommendations of the new Code of Practice (Well-managed Highway Infrastructure), in particular, Recommendation 15 'Competencies and Training' which…

Legal Article

A duty to inspect under the Defective Premises Act?

23/05/19

Elizabeth Rogerson v Bolsover District Council [2019] EWCA Civ 226 The Court of Appeal has confirmed that pursuant to s.4 Defective Premises Act (DPA) there is no specific duty on landlords to carry out a system of regular inspection. The facts The Claimant was a tenant of a house owned…

Legal Article

Scathing Judge finds Ludicrous Claim for Care to be Fundamentally Dishonest

23/05/19

Nazir v Blackburn with Darwen Borough Council A claimant who presented a grossly overstated and exaggerated care claim has been found to be fundamentally dishonest by the Court. The claimant tripped and fell on to her left elbow in 2014 and sustained a fracture. A breach of duty was admitted…

Legal Article

Regulator launches consultation on 2020 Rent Standard

17/05/19

On 7 May 2019 the Regulator of Social Housing launched a 12 week consultation on a revised Rent Standard that will come into force from the 1st of April 2020, replacing the current guidance which was published in May 2015. This consultation follows the Secretary of State for Housing, Communities and…

Forbes News

Forbes Advises HSL Group Holdings Limited Over Sale to 4Wall Entertainment Inc

10/05/19

Leading legal firm Forbes Solicitors has advised Blackburn-based entertainment services specialist HSL Group Holdings Limited over the sale of its business to 4Wall Entertainment Inc. The multi-million pound deal sees HSL, which provides high level lighting, video, rigging, and production services…

Forbes News

Forbes Appointed To Advise Leading Housing Association Together Housing

08/05/19

Forbes Solicitors has been selected to advise one of the largest housing associations in the North of England after being named as a successful bidder for Together Housing Group's Legal Services Framework. Forbes will advise on legal issues surrounding Housing Management & Litigation,…

Forbes News

The pitfalls of reputation management in the wake of #MeToo

01/05/19

Earlier this month, a solicitor at magic circle law firm Allen & Overy was referred to the Solicitors Disciplinary Tribunal by the Solicitors' Regulation Authority ("SRA") over a non-disclosure agreement ("NDA") signed by a former assistant of Harvey Weinstein, the eponymous…

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April

Forbes News

Forbes Appoints Anti-Social Behaviour and Gang Injunction Expert Kirsty Varley

23/04/19

Leading legal firm Forbes Solicitors has appointed Associate Kirsty Varley to its Housing and Regeneration Team. Kirsty, recognised as a Next Generation Lawyer in Legal 500 for Social Housing, is highly experienced in housing management and anti-social behaviour issues and has Higher Rights,…

Legal Article

Amendments to the MEES Regulations

18/04/19

Following on from our previous article 'MEES, please….are you ready?' published on 16 February 2018, the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (the "MEES Regulations"), have now been amended as of 1 April 2019 by the Energy Efficiency (…

Legal Article

Not Complying with Court Orders can be Expensive!

16/04/19

Unfortunately we are seeing more and more cases where one party is either not complying with a Court Order in its entirety or, is picking and choosing which parts of the Order they will adhere to. This can be a very expensive risk to take. In a recent Judgement of CM and CM 2019 EWSC 16 , the…

Forbes News

Forbes Advises BCC Cars Over Sale To Chapelhouse Motor Group

15/04/19

Forbes Solicitors has advised Bolton Car Centre (BCC Cars) over the sale of three motor retail sites to North West-based Chapelhouse Motor Group. The sites in Blackburn, Bolton and Wigan will continue to represent Suzuki and Citroen franchises under the Chapelhouse name. BCC Cars will continue…

Legal Article

I want to recover my debt, but what will it cost me?

12/04/19

British business is continuing to suffer from a damaging late payment culture. Recent research shows that small businesses in the UK are facing a collective bill of £6.7bn per annum due to late payments by other companies, up from £2.6bn in 2017. The cyclical nature of late payment…

Legal Article

Brexit Update - Working in the UK

12/04/19

In the latest development on Brexit, it has been agreed that the UK will now leave the EU on 31 October 2019, unless a further extension is agreed! However, there still remains a significant amount of uncertainty over what will happen to EEA citizens who are looking to live and work in the UK in the…

Legal Article

Brexit - Extracting the potential impact on workers' rights from the maelstrom

11/04/19

With the pervading sense of uncertainty consuming the arrangements for the UK leaving the EU, it is an unsettling time for both the populace and companies operating within the jurisdiction. One of the many uncertainties is the potential impact Brexit may have on UK employment laws, and consequently…

Legal Article

Managing litigation risk in the gig economy

10/04/19

The Business & Human Rights Resource Centre published the findings of its research into the increase in global gig economy litigation last month in its report titled "The Future of Work: Litigating Labour Relationships in the Gig Economy". The report stresses the need for a rights based…

Legal Article

Brexit held not to have frustrated lease

10/04/19

Canary Wharf (BP4) T1 Ltd and others v European Medicines Agency [2019] EWHC 335 (Ch) The court's finding, on 20th February 2019, in favour of the landlord, Canary Wharf Group, will be met with a sense of relief by those in the Property industry. The tenant, European Medicines Agency (EMA),…

Legal Article

Court ruling on the interplay between disciplinary and criminal investigations

10/04/19

In North West Anglia NHS Foundation Trust v Gregg the Court of Appeal held that an employer was not obliged to postpone a disciplinary hearing pending the outcome of a police investigation into an employee. Dr Gregg was employed as a consultant anaesthetist by the Trust since September 2003. In…

Legal Article

Protection from Forced Marriage

03/04/19

The media have recently reported on the protection for girls from forced marriage by increasing the minimum age to 18 years. Campaigners have raised the issue regarding children marrying at the age of 16 years with parental consent as remaining vulnerable to forced marriage. Conservative MP Pauline…

Legal Article

Forbes acted in Landmark Fraud Case

02/04/19

Craig MacKenzie and Craig Liversidge have acted for an accountant charged with multiple frauds and making employer-related investments. This was a high profile case widely reported in the press. It was the first case of its kind prosecuted by The Pensions Regulator (TPR). Proceedings followed…

Legal Article

Managing sickness absence as a result of an injury sustained at work

02/04/19

Accidents happen…just as much in the workplace as they do in the outside world. Employees may unfortunately sustain an injury while at work, which could result in them being off sick. This could be a slip resulting in a broken leg, with multiple operations required, or could be sustained due to…

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March

Legal Article

Head Teacher's sexual orientation discrimination claim upheld

28/03/19

The Employment Appeal Tribunal ("EAT") has recently ruled upon whether adverse treatment of a gay Head Teacher can constitute constructive dismissal and sexual orientation discrimination. In Tywyn Primary School v Aplin, the EAT upheld the decision of the Employment Tribunal ("ET")…

Forbes News

Three Newly-Qualified Solicitors For Forbes

28/03/19

Three members of staff at leading North West legal firm Forbes Solicitors are celebrating after qualifying as Solicitors. Olivia Jack, Michael Rutter and Lucy Bailey, all based in the Walton Summit office, are now beginning the next stage of their careers with the firm. Olivia works in the…

Legal Article

Employee fails to secure compensation despite finding of unfair dismissal

28/03/19

The Employment Appeal Tribunal ("EAT") in Beattie v Condorrat War Memorial and Social Club & Others recently upheld a tribunal decision that a procedural failing in carrying out an investigation and a finding of unfair dismissal did not necessarily lead to compensation. The Claimant…

Legal Article

Top Tips for Avoiding Business Debt

28/03/19

You can have all the ingredients for a successful business - a great product or service, happy customers and dedicated staff, but if the cash is not coming through, it can crumble. Currently, British business is continuing to suffer from a damaging late payment culture and SMEs are amongst the…

Legal Article

Judge Dismisses School EL Claim after Finding Training to be Exemplary

28/03/19

Wigan Council The Claimant alleged that during the course of her employment as a teaching assistant at a special needs school she suffered a serious injury to her right knee whilst trying to retrieve a keyboard from the highest shelf in a storeroom. The keyboard was required for a music lesson…

Legal Article

Discount Rate Review to Commence

28/03/19

The Lord Chancellor, David Gauke MP, has officially launched the anticipated review of the discount rate in a written statement to Parliament. The first review of the discount rate under the new Civil Liability review will start with immediate effect. Pursuant to the new process set out in the…

Legal Article

Medical Agency Fees are Recoverable as a Disbursement

28/03/19

In the case of Beardmore v Lancashire CC (Liverpool) (Judge Graham Wood QC) 06/02/2019, a Circuit Judge on appeal allowed the claimant to recover medical agency fees in a public liability ("PL") case that had exited the portal, and where the issue of disbursements was covered by fixed costs…

Legal Article

Doctrine of Mistake does not apply to the Portal

28/03/19

In the recent case of Fitton v Ageas (2018) Fam Ct (Judge Parker) 08/11/2018, a Circuit Judge has ruled that the protocol for low-value personal injury claims is a self-contained code and as a result the normal principles of contract such as the doctrine of mistake does not apply. The facts…

Legal Article

Regulatory update - March 2019

28/03/19

Reminder to Ensure Scaffolding is Stable and Safe in High Winds Following the recent exceptional high winds, the HSE is calling on construction workers to ensure scaffolding is stable and safe by following the scaffold design checklist. According to the HSE, the scaffold checklist is designed to…

Legal Article

FCA and Brexit

28/03/19

With Brexit potentially fast approaching, the Financial Conduct Authority (FCA) has taken a proactive response to provide effective information and prepare inbound passporting financial services firms on their operation within the UK. Currently, financial services firms in any European Economic Area (…

Legal Article

Sub-contractors left in the lurch as public procurement problems continue

27/03/19

After the recent Seabourne Freight debacle, where a now infamous £13.8 million ferry service contract was awarded to the company even though it had no ships, public procurement is once again in the news for the wrong reasons. The Dawnus Group has filed for administration following claims that…

Legal Article

Blues and Two's - Accidents Involving Emergency Vehicles

22/03/19

How does the law treat the driver of an emergency vehicle passing through a red light whilst on an emergency call, probably on the way to save another life? In the case of Craggy v Chief Constable of Cleveland Police (2009) two emergency vehicles collided t a traffic light junction, one a police…

Legal Article

RTA Medical Reports Subject To Fixed Costs

22/03/19

Medical Reports in RTA cases are the latest part of the CPR to become subject to fixed fees. As of 1 October 2014, a new fixed costs regime will come into force governing the fees which can be charged for the obtaining of expert medical reports in RTA Protocol claims. The updated Rule 45.19…

Legal Article

What is the Difference between a Will and a Probate?

22/03/19

The terminology surrounding the execution of a will can sometimes be quite daunting, especially when you are dealing with the death of a person or relative close to you. At Forbes Solicitors, we understand the information regarding this subject may not be the easiest to process, which is why we have…

Legal Article

Prevention is better than cure

22/03/19

Obstetric claims represent 10% of clinical negligence claims by number and account for 48% of new claims reported. Birth injuries have significant human and legal cost. The consequence of such can result in permanent, catastrophic injury. Lawyers are often blamed for spiralling costs, but…

Legal Article

The New Fitness Regime - Our take on the new legislation

22/03/19

On the 20 March 2019, the Homes (Fitness for Human Habitation) Act 2018 came into force. The Act is aimed at improving housing conditions in the rented sector. Helpfully, the government has been issued guidance for landlords*. As the government guidance says, there are no new obligations for…

Legal Article

Mistaken belief found insufficient to amount to disability discrimination

21/03/19

In iForce Ltd v Wood , the Employment Appeal Tribunal held that an employee's mistaken belief that her condition was under threat by working conditions did not establish unfavourable treatment due to a disability pursuant to s.15 of the Equality Act 2010. An actual rather than a perceived causal…

Legal Article

Can damages be awarded for negligent misrepresentation?

21/03/19

In cases of contractual dispute the question of when damages can be awarded is of obvious importance to the parties involved. But what happens in cases where the dispute is over negligent misrepresentation? Rescission of the contract is the normal remedy in such a case, but is there any situation where…

Legal Article

The Power of the 'Hypothetical Comparator'

21/03/19

The Employment Appeal Tribunal ("EAT") recently addressed the issue of hypothetical comparators in employment claims in Governing Body of Sutton Oak Church of England Primary School & 2 Others v. Mr M Whittaker. The Respondent was a primary school teacher who was employed at the…

Legal Article

How Could Pension Scheme Trusteeships Look in the Future?

21/03/19

Recent surveys and high profile campaigns have highlighted changes in the pension's landscape across the UK. The role of a pension scheme trustee is more challenging than ever with funding, regulation and many other hurdles to overcome. What is a pension scheme trustee? A pension…

Legal Article

Discount Rate Review to Commence

21/03/19

The Lord Chancellor, David Gauke MP, has officially launched the anticipated review of the discount rate in a written statement to Parliament. The first review of the discount rate under the new Civil Liability review will start with immediate effect. Pursuant to the new process set out in the…

Legal Article

Medical Agency Fees are Recoverable as a Disbursement

21/03/19

In the case of Beardmore v Lancashire CC (Liverpool) (Judge Graham Wood QC) 06/02/2019, a Circuit Judge on appeal allowed the claimant to recover medical agency fees in a public liability ("PL") case that had exited the portal, and where the issue of disbursements was covered by fixed costs…

Legal Article

Changes to Entrepreneurs Relief

18/03/19

In the lead up to the Budget Statement at the end of October 2018, the Chancellor announced that changes to Entrepreneurs Relief ('ER') would be introduced in the New Year. ER is a relief applied on the sale of certain business assets or shares where Capital Gains Tax is charged at a reduced…

Legal Article

Usage of inaccessible work email accounts during employee's maternity leave

18/03/19

The Employment Appeal Tribunal ("EAT") held in SW Yorkshire Partnership NHS Foundation Trust v Jackson that it can be unfavourable treatment under the Equality Act 2010 to send a woman on maternity leave an important email at an email address that she can't access. However, it will be…

Legal Article

Right to Rent - more Wrong than Right?

18/03/19

Joint Council for the Welfare of Immigrants, R (On the Application Of) v Secretary of State for the Home Department (2019) EWHC 452 (Admin) Following a Judicial Review, the Court has found that Sections 20-37 of the "Right to Rent Scheme", as brought in by Immigration Acts 2014 and 2016…

Legal Article

What would a no-deal Brexit mean for Family Law?

13/03/19

The Law Society has recently published guidance for Solicitors to highlight the changes in both civil and commercial cooperation that is likely to occur should the UK leave the EU without having reached any agreement on the 29th March 2019. The result of the UK and the EU failing to reach a…

Legal Article

Strategic Partnerships - Making Affordable Homes Happen

11/03/19

Homes England introduced Strategic partnerships in 2018, an ambitious new mission to partnership with all areas of the housing industry sector to provide a response to the long-term housing challenges facing our country. The plan announced in the 2018 budget was to secure £653 million in grant…

Legal Article

The Law Commission's Consultation for Social Landlords

08/03/19

Partners Lachlan McLean and Lucie Cocker of Forbes Solicitors were delighted to host the Law Commission's consultation event for Social Landlords on leasehold home ownership and reinvigorating commonhold at our Manchester offices. The Law Commission put forward proposals for reform to Right to…

Legal Article

Whisky Galore! - Whisky, Intellectual Property Rights, and the European Courts

04/03/19

New guidance from the Court of Justice of the European Court allows Scotch whisky distillers greater strengths against similar products with misleading brand names. There are many witty exchanges to enjoy in the classic BBC political comedy "The Thick of It". A personal favourite sees…

Legal Article

Eurotunnel Procurement Settlement

01/03/19

The importance of transparency and openness in public works procurement has made headlines with the £33 million settlement between UK Government and Eurotunnel after the former awarded contracts for a no-deal Brexit ferry service in a "secretive" manner. In December 2018, the…

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February

Forbes News

Blackburn Law Association Raises £1,445 For Rosemere Cancer Foundation

26/02/19

Blackburn Incorporated Law Association (BiLA) has raised £1,445 for Rosemere Cancer Foundation at its annual dinner, held at Northcote at the Rovers in Blackburn. The cancer charity, based at Royal Preston Hospital, supports world class cancer treatment throughout Lancashire and South Cumbria…

Legal Article

Regulatory update - Feb 2019

25/02/19

Two companies heavily fined after a girl is killed whilst using a lift in her own home In August 2015, a five-year-old girl was using an internal lift, which had been fitted in her home for use by her disabled brother. The girl put her head through a hole in the vision panel and as the lift moved…

Legal Article

Brexit: are EU ready?

22/02/19

After events on the 14th February the UK became the closest it has even been to a no deal Brexit. With further talks scheduled with EU leaders over the next few weeks, the future of the UK is uncertain. But what does this mean for business owners in a legal context and how should they prepare in light…

Legal Article

Increase to Probate fees from April 2019

22/02/19

From April 2019 there will be a significant increase in the fees charged by the Probate Registry for processing applications for Grants of Probate and Letters of Administration. At present, probate fees are a flat fee of £215 for applications made by individuals and £155 for applications…

Legal Article

Scottish Universities move to amend admissions process to address equality

20/02/19

An article by the BBC earlier today reported on the intention of Scottish Universities to lower the entry requirements to students from disadvantaged areas. The intention is not to guarantee those gaining the grades a place, but to take students over the threshold for consideration. For example,…

Legal Article

Employment Appeal Tribunal finding on religious discrimination in nursery case

20/02/19

Ms De Groen had been employed as a teacher by Gan Menachem, an ultra-orthodox Jewish Nursery, since July 2012. She was living with her boyfriend whilst working at the nursery, in contravention of the strict religious requirements of ultra-orthodox Judaism. This information came to light at a barbeque…

Legal Article

Rights to Work themed FAQ's

20/02/19

In schools where the employer is the local authority, if the school wanted to hire someone on a tier 2 visa, would the local authority need a licence to sponsor these visas? Yes, the Local Authority would need to have a tier 2 licence in order to sponsor the visa of the proposed employee. If the…

Forbes News

Forbes Appoints Katy Parkinson To Commercial Employment Team

18/02/19

Leading legal firm Forbes Solicitors has appointed Katy Parkinson as a Solicitor in its Commercial Employment team. Katy, who is based at Oak House, Walton Summit, qualified in 2015, having worked in the legal sector as a paralegal and then as a trainee solicitor since 2009. She advises…

Legal Article

Claim Derailed By Compelling Statistics

15/02/19

Shaughnessy v Adrenalin Zone Ltd The Claimant brought a claim following an accident on an amusement attraction. The attraction in question offers riders the thrill of skydiving and hang gliding. Participants wear a full body flight suit that supports the flyer in a prone position. The flight suit…

Legal Article

Judge Reminds Claimant that we do not live in a Perfect World

15/02/19

Allinson -v- East Riding of Yorkshire Council An elderly claimant alleged that on 7th October 2014 she tripped over a sunken gully in the pavement and sustained an injury. Following the accident, the claimant's husband took photographs of the highway but unfortunately took photographs of…

Legal Article

Victim of Libel Tweet Receives Compensation of £40,000

15/02/19

A man has received £40,000 in damages after bringing a libel claim against the former Chairman of the UKIP Bristol branch following the publication of a Tweet during the 2015 general election campaign. In May 2015, a Tweet was posted by UKIP's Bristol branch consisting of a photograph of…

Legal Article

Bullying - School Defends Pupil Negligence Claim

15/02/19

Forbes has defended two unusual claims on behalf of a local authority. Two former pupils of a primary school brought a claim against the local authority alleging that they had sustained psychological and minor physical injuries as a result of being bullied by another child. It was specifically…

Legal Article

Are you ready for the Homes (Fitness for Human Habitation) Act 2018?

15/02/19

The Homes (Fitness for Human Habitation) Act 2018 ("the Act") comes into force on 20th March 2019. The Act will enable tenants to pursue claims relating to substandard housing conditions. Currently, there are no provisions requiring landlords to ensure that their properties are fit for human…

Legal Article

Post-Implementation Review of LASPO - Civil Litigation Funding and Costs

15/02/19

The Ministry of Justice has published its long awaited review of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). Part 2 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) assesses the impact of five statutory reforms implemented following Sir Rupert…

Legal Article

What can SME's do to prepare for Brexit?

15/02/19

With the Brexit deadline imminently approaching, how can you prepare your business for Brexit? This is a challenge facing every SME based in the UK that either sells internationally, has an international supply chain or relies on international workforce. SME's employ over 15 million people and…

Legal Article

A Vision for Social Housing - Report

05/02/19

This month saw the release of 'A Vision for Social Housing', a report written by Shelter's Social Housing Commission. The report highlights a number of recommendations, one of which is that 3.1 million new social homes should be built in the next 20 years to help solve the housing…

Legal Article

Watch This Space - Changes on the Horizon in 2019

04/02/19

While Brexit currently dominates the majority of our discussions, updates and most frequently, the news, there will be a number of Employment Law developments for businesses to watch out for over the next 12 months. Post-Brexit Immigration rule changes Once the UK leaves the EU free movement…

Legal Article

'Alexa, Buy More Stuff' - Why Convenience Cannot Trump Consumer Law

04/02/19

Consumer habits are changing. That should be obvious to even the most casual observer. High Street footfall and takings continue to decline, whilst the internet boom shows no sign of giving up any ground. More recently, the advent of smart technology has opened up entirely new avenues for consumers…

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January

Legal Article

Is a dedicated Housing Court the solution to our problems?

31/01/19

The Government has recently consulted on the proposal to introduce a specialist housing court to try to tackle the problems frequently experienced by landlords and tenants bringing legal claims: delays, adjournments, lack of technical legal and procedural understanding, increasing numbers of litigants…

Legal Article

Property Guardians - A Legal Update

31/01/19

Property guardianship is an arrangement by which people are granted accommodation within a property at a below market rent in exchange for keeping the property under observation and in good condition. The guardian's continued occupation provides a disincentive for the property to be occupied by…

Legal Article

Fracking - What's the big deal?

31/01/19

Although relatively new on the scene, fracking has recently hit more news headlines and is unlikely to stop in the near future. The fracking site on the Fylde Coast in Lancashire near Blackpool has recently had a great deal of publicity, mostly negative, which includes reports of mini earthquakes…

Legal Article

D-Day for Disney

25/01/19

With 2019 well under way, some people may have already taken the opportunity to enjoy the many literary and artistic works that have lost their copyright protection as of 1 January, otherwise known in the legal world as 'domain day'. Typically, UK copyright protection lasts for 70 years…

Legal Article

Grenfell Tower 18 months on; where are we now?

24/01/19

It is now approaching 18 months since the terrible tragedy that took the lives of 72 Grenfell Tower residents on 14 June 2017. So where are we up to with the fallout, and what happens next? The press and public were quick to criticise. In the months following the incident, numerous companies and…

Legal Article

Sue/Do Not Sue - Bandersnatch's Toughest Challenge Yet

23/01/19

Ever since its launch in the last days of 2018, hundreds of thousands of television fans have been hooked on the phenomenon created by 'Bandersnatch', the latest episode of hit TV show 'Black Mirror'. For those somehow unaware, 'Bandersnatch' deviates from the standard…

Forbes News

Forbes Solicitors Expands Manchester Operation

23/01/19

Leading law firm Forbes Solicitors has expanded its Employment team in to Manchester city centre. The move coincides with Partner Emma Swan being appointed as Head of Commercial Employment and Partner Ruth Rule-Mullen being appointed as Head of Public Sector Employment, to oversee the Team's…

Legal Article

Having a "Fit for Purpose" Clause that is, Well....

23/01/19

To the outside world, lawyers are often accused of focussing on some of a contract's finer details and seemingly small points but the recent case of Williams Tarr v Anthony Roylance has demonstrated how a company's fortune can change on a simple turn of phrase or absence of a clear obligation…

Legal Article

Caution - Man who walks into a Sign Loses Claim

22/01/19

Mark Birkett v Calderdale Metropolitan Borough Council Bradford CC - A man who walked into a street sign has lost his claim for personal injury against the local authority. The Claimant alleged that he had been walking along a pavement when he hit his head and arm on a brown tourist road…

Legal Article

Court rebuffs Property Damage Claim

22/01/19

In January 2018 at approximately 9.30pm, the Claimant was driving along the road in heavy rain when the front drivers' side of his vehicle collided with a pothole. The Claimant continued home and upon examination of his vehicle realised that the front tyre of his vehicle had sustained damage. He…

Legal Article

Regulatory update - Jan 2019

22/01/19

Healthcare company fined following fatal minibus accident In March 2014, a vulnerable patient was being transported home in a minibus following a GP appointment. The minibus was travelling along the A52 at speed when the patient opened the door and leapt out. She was fatally injured. Elysium…

Legal Article

Council is the First to Prosecute House Owner over Japanese Knotweed

22/01/19

A Bristol property owner has been fined for allowing the spread of Japanese knotweed. It is reported that this is the first time the Anti-Social Behaviour, Crime and Policing Act 2014 has been used in this way. In 2017, Bristol City Council served the property owner with a community protection…

Legal Article

2019 - It's not all about Brexit!

22/01/19

Last year was certainly another eventful year for insurers and defendants; and whilst Brexit looks set to be high on the agenda in 2019, we consider what other developments we are likely to see in the year ahead. Civil Liability Act 2018 At the end of 2018, the much-anticipated Civil Liability…

Forbes News

Forbes Solicitors Raises More Than £2,000 For Breast Cancer Now

21/01/19

Forbes Solicitors have raised more than £2,000 to help with the fight against breast cancer. Colleagues joined together to support Breast Cancer Now's Wear It Pink initiative during Breast Cancer Awareness Month. From Halloween fancy dress, quizzes and raffles to running a soup kitchen,…

Legal Article

Employee, worker or self-employed?

17/01/19

It is common in the construction industry for a company to engage individuals to provide services on its behalf to an end client. Whilst the company may want the client to view these individuals as part of their company, it is also common for the company to argue that the individuals are self-…

Legal Article

When could works be considered practically complete?

17/01/19

A key part of a development agreement is ensuring clarity on what constitutes the practical completion of a project, and for it to cover what happens with any deviation from the specification of the project. In the recent case of Mears Ltd v Costplan Services (South East) Ltd and others (2018),…

Legal Article

Ignore Covenants at your Peril

17/01/19

Those dealing with the development of land for housing should take note of the recent case of The Alexander Devine Children's Cancer Trust v Millgate Developments Ltd and others [2018] EWCA Civ 2679 (LC), in which the Court of Appeal (CoA) refused to allow the modification of restrictive covenants…

Legal Article

Possession Trial success for Anti-Social Behaviour team

17/01/19

Forbes' ASB team were victorious in the County Court this week with our Housing Association client being granted an outright Possession Order and its legal costs by a High Court Judge, following a fully contested Trial. The Defendant tenant had been causing persistent anti-social behaviour…

Legal Article

Homes (Fitness for Human Habitation) Act 2018

17/01/19

The Homes (Fitness for Human Habitation) Act 2018 will come into force on 20 March 2019 and have the effect of amending sections 8 and 10 of the Landlord and Tenant Act 1985 as well as inserting new sections 9A, 9B and 9C. Here is a brief overview of the Act and the changes that it will make to…

Legal Article

Head teacher fined for breach of DPA

15/01/19

A former head teacher has been fined for unlawfully obtaining children's personal data from previous schools where he worked. According to the ICO, the head teacher had obtained the information from two primary schools where he had previously been employed, and uploaded it to his then current…

Forbes News

Forbes Promotes Lucie Cocker To Partner

14/01/19

Leading North West legal firm Forbes Solicitors has promoted housing specialist Lucie Cocker to the position of Partner. Lucie, who was previously an Associate Solicitor in the firm's Housing and Regeneration team, works with Registered Providers across the country. She has a wealth of…

Legal Article

Why do I need to make a Will?

14/01/19

Recordings in 2018 show that over 60% of people in the UK do not have a valid Will, according to research from Unbiased.co.uk. This is an all-time high (passing the previous peak in 2011) meaning that now over thirty one million UK adults run the risk of dying intestate and having their estate…

Legal Article

The most expensive divorce in history

11/01/19

The world will now see the most expensive divorce in history. The Amazon founder Jeff Bezos and his wife are to divorce after 25 years of marriage. The founder and CEO of US online retail empire Amazon is the world's richest man, worth $137bn (£107bn). Mr Bezos has claimed in his Twitter…

Legal Article

Now this is a story all about how... IP got twisted upside down

10/01/19

We are all familiar with the popular American sitcom 'The Fresh Prince of Bel-Air,' a show that infected the 90's around the world. Yet recent events are scheduled to unleash a 'can of worms' for America's intellectual property law and potentially further afield. Fresh…

Legal Article

Divorced women over 50 left behind with pension value by £100,000

09/01/19

Divorced women over 50 end up with pensions worth £100,000 less than their ex partners The press has recently reported that divorced women over 50 end up with pensions worth £100,000 less than their ex-partners. This is very worrying, but unfortunately this is something that is often…

Forbes News

Forbes Offers Free Consultations Over Business Banking Switch

04/01/19

North West companies are being offered free help and advice by Forbes Solicitors, so that they are aware of the potential benefits and pitfalls of the Royal Bank of Scotland Business Banking Switch. The Switch, due to be launched on February 25 2019, is aimed at increasing competition in the UK…

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