Legal Article
22/12/20
As the end of the transition period fast approaches, the Public Contract Contracts Regulations and Concession Contracts Regulations are being amended to bring them 'onshore' but not repealed. They will remain the law until the government's review reaches a conclusion that changes everything…
Legal Article
22/12/20
With the end of the transition period now only days away, we have experienced a multitude of queries from employers regarding employees who frequently travel from the UK to the EU to conduct business for them and the additional requirements that they face in the new year. With negotiations between…
Legal Article
18/12/20
The recent High Court case of Capitol Park Leeds v Global Radio Services Limited [2020] EWHC 2750 serves as an important reminder of the potential pitfalls for tenants who must provide vacant possession as a pre-condition to exercising their break option. Facts Global Radio Services Limited…
Legal Article
18/12/20
On 17 December 2020, the Government confirmed that all secondary schools and colleges in England will be able to test more of their staff and students, from the first week in January 2021. We understand that testing will be optional and will require student/ parent consent, however, it is strongly…
Legal Article
18/12/20
The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Extension of the Relevant Period) (No2) Regulations due to come into force on 31 December 2020, further extend the temporary prohibitions on winding up petitions based on statutory demands and the restrictions on winding up petitions and…
Legal Article
16/12/20
The idea of compensation is to put the injured person back in the position they would have been in, before their injury. The purpose of an award for non-commercial care is 'to enable the voluntary carer to receive proper recompense for his or her services. (Hunt v Fevers 2004 AC). When…
Legal Article
15/12/20
In the Housing and Regeneration (Property) Department we work with registered providers to develop and provide affordable housing. Social distancing measures, introduced by the government in light of the COVID-19 outbreak, have impacted our clients' usual practises as well as our practises when…
Legal Article
15/12/20
With the recent marking of anti-bullying week, also came the news that Priti Patel, Home Secretary, has been found to have breached the ministerial code due to bullying in the workplace, following an internal investigation. The news has not only caught the attention of the public but also shone a light…
Legal Article
15/12/20
In August, we published an article on the cost of fire safety works in high rise residential blocks. We commented on the government funding available to support the remediation of unsafe cladding on high rises and discussed whether leaseholders should contribute towards the cost of fire safety works…
Legal Article
15/12/20
The recently published Social Housing White Paper - The Charter for Social Housing Residents - has put forward new proposals which will allow social housing tenants (or their representatives) of housing associations and other private registered providers to access information relating to the management…
Legal Article
15/12/20
After months of consultation and fact-finding, the first ever meeting of the Housing Best Practice Partnership Network for West Yorkshire took place on Wednesday 9th December 2020 . The meeting was introduced by Mr. Mark Burns-Williamson (Police & Crime Commissioner) and chaired by Kate Jowett…
Legal Article
15/12/20
The Brexit deadline is looming and vehicles registered outside of the UK will continue to come into the country delivering our goods and carrying holidaymakers and visitors. What happens if you are unfortunate enough to have an accident with one of these vehicles and it wasn't your fault? Most…
Legal Article
14/12/20
It is common practice for a commercial lease break clause to require that the tenant gives vacant possession. This usually means the tenant must remove their belongings/equipment and return the property to the landlord in the condition that it was let. But what happens if a tenant takes the phrase &…
Legal Article
14/12/20
Following the publication of the Competition and Markets Authority (CMA)'s final report into competition within digital markets which contained certain recommendations, as further detailed in our earlier article , the UK government called for the CMA to establish a Digital Markets Taskforce ('…
Legal Article
14/12/20
As the end of the transition period fast approaches, businesses must focus on actions required to ensure personal data continues to flow from the EU to the UK. This was the point raised by Secretary of State for Business, Energy & Industrial Strategy Alok Sharma in his weekly Business Readiness…
Legal Article
11/12/20
On 1 October 2020, The Department of Enterprise, Trade and Innovation published the Code of Conduct between Landlords and Tenants for Commercial Rents. The Code provides guidance for commercial Landlords and Tenants whose lease arrangements have been negatively impacted by Covid-19 and will remain in…
Legal Article
11/12/20
Tackle performance issues without delay Failing to address poor performance in accordance with the school's policy means that it becomes harder to substantiate a genuine concern at a later date. In addition, the employee may feel aggrieved and left wondering why the issue was not raised sooner…
Legal Article
11/12/20
As school's approach the end of the first term back, it is undoubtedly the case that the last 9 months have presented the most challenging circumstances for school leaders and staff; including the need to close at short notice in whole or in part, manage staff absences, re-order classrooms,…
Legal Article
11/12/20
What are the restrictions this festive period and how might we a manage staff conduct during this time? With the Christmas period looming, employers in the education sector should now have a mind to the ongoing restrictions coronavirus (COVID-19) pandemic restrictions. With Christmas comes…
Legal Article
11/12/20
2020 has been a really tough year for everyone and nowhere can that said to be truer than in the education world. Faced with unprecedented challenges of closing schools and colleges almost completely (except for vulnerable and key worker pupils and students) for a number of months; re-opening and making…
Legal Article
11/12/20
The Employment Tribunal has recently rapped the knuckles of Jaguar Land Rover regarding the treatment of a non-binary or 'gender fluid' member of staff, highlighting an important development in discrimination law. In Taylor v Jaguar Land Rover the employee was employed as an engineer for the…
Legal Article
11/12/20
On 4 December 2020, a judgment was handed down from the High Court ordering a local authority to engage in mediation with the mother of a child in their care after a dispute arose over the mother seeking accompaniment by a lawyer for the mediation process. Though this case does not relate to an…
Legal Article
10/12/20
The Government announced this morning that the moratorium on commercial lease forfeiture, on the grounds of non-payment of rent, will be extended until 31st March 2021 and further confirmed that this will be the "final" extension. The Lease Forfeiture Moratorium currently prevents…
Legal Article
09/12/20
As we all look forward to the possibility of less restrictions, a vaccine, some return to normality and return to the office, many of us will continue to work from home. The General Data Protection Regulations (GDPR) continue to focus on recordkeeping and data protection impact assessments,…
Legal Article
08/12/20
The NHS have been through a difficult time over the last few months. Back in March we were standing on our doorsteps supporting them, clapping our hands and banging our pans. Our day-to-day lives have continued to be restricted and we are facing a difficult winter where the NHS will be stretched even…
Legal Article
07/12/20
On 1 July 2020, the Competition and Markets Authority ('CMA') published its final report [AM1] having assessed how well digital advertising platforms are working, and the role of Google and Facebook within them. The report was prompted by several calls for the CMA to review the online…
Legal Article
04/12/20
The HSE have released their annual report to include health and safety statistics for Great Britain for 2019/2020. The statistics have been compiled with assistance from the Labour Force Survey. The headline figures shows that there were: · 111 fatal injuries at work · 1.6…
Legal Article
04/12/20
Forbes Solicitors has advised British-Based specialist socks and hosiery retailer, Sockshop, on its new 2,271 sq ft lease acquisition in Trinity, Leeds. The law firm, which has 11 offices across the North, supported the retail business in its expansion across the Pennines to Leeds' premier…
Legal Article
04/12/20
Claims of fraudulent and forged Wills are continuing to increase and the recent case of Ball v Sisson [2020] 1 WLUK 544 saw a claimant successfully argue that his late mother's Will had been forged by his sister in order to gain a share of her mother's estate. Mrs Ball was aged 92 when she…
Legal Article
02/12/20
Each month we review the HSE prosecutions to bring to you cases of interest that might be of relevance to your workplaces. This article focuses on the need for adequate training. We have another on that looks at this month's cases around proper planning of work. Adequate Training There are…
Legal Article
02/12/20
Cheshire West and Chester Council received a substantial fine after a young child fell almost three metres to the floor from a gap in railings, sustaining serious head injuries. Chester Magistrates' Court heard how on 16 November 2018, a family was visiting Chester City centre to watch the…
Legal Article
02/12/20
In what can only be described as a common sense decision the High Court overturned an order requiring the London Borough of Wandsworth Council to pay damages and costs totalling nearly £35 000 to a woman who was hit by a cricket ball in Battersea Park, whilst she was walking with a friend.…
Legal Article
02/12/20
Holiday pay over the festive period You will be aware that furloughed employees continue to accrue leave as per their employment contract. However, please note that businesses can only place employees on furlough in circumstances where coronavirus (COVID-19) is affecting your operations.…
Legal Article
01/12/20
It is undoubted that the recent "lockdown" measures that have been implemented by the UK government have placed significant financial pressures on businesses across all sectors. Despite such and in order to adapt during challenging and everchanging market conditions, over recent months, we…
Legal Article
01/12/20
The Claimant alleged that on Saturday, 7th May 2016 at approximately 7.30am she was making her way to a local newsagent when she fell down inside an open drainage grid. Various accounts referred to her falling into the narrow hole up to her waist, with one account claiming, incredibly, that she went…
Legal Article
01/12/20
DB v Wigan Council Judgment 18/11/2020 Before his Honour Judge Bird @ Manchester County Court following a 2-day trial. The Claimant worked for the Council as a carer in a home which looked after young people with a range of disabilities on a respite basis. During a shift when the claimant…
Legal Article
01/12/20
On 21 October 2020, the UK Information Commissioner's Office ("ICO") released its updated guidance on the Right of Access under Article 15 of the EU General Data Protection Regulation ("GDPR"). The Right of Access The right of access provides individuals with the…
Legal Article
01/12/20
Forbes acted for a Midlands steel company and at trial successfully defended an alleged slipping claim. The Claimant was employed by the Defendant as a driver. He alleged that on the date of the accident in 2016 he was securing a load of stock and, as a result of oil getting on to his vehicle and…
Legal Article
01/12/20
In the run up to the festive period, the Health and Safety Executive (HSE) is working with local authorities to inspect businesses in the transport and logistics industry to ensure they are managing the risk of coronavirus (COVID-19). With the current lockdown restrictions, the demand for online…
Legal Article
30/11/20
Private Equity (PE) is a form of alternative investment of capital into companies which do not trade on the public exchange. The funding comes from investors (high-net-worth individuals) and firms who invest directly into private companies or acquire control of public companies with the plan to take…
Legal Article
27/11/20
The cancellation of this year's GCSE and A-level exams gave Ofqual an unprecedented challenge in determining how grades should be awarded whilst providing the fairest means of enabling students to move on to further studies or employment. This unprecedented decision by Ofqual meant that…
Legal Article
27/11/20
Chancellor Rishi Sunak has announced, in what many may see as a brave move given the current stresses on the public sector, that there will be a pay freeze on public sector workers. An expenditure review has been conducted resulting in a pay freeze for civil servants, teachers, police, firefighters,…
Legal Article
27/11/20
On Thursday, 19 June 2020 our Employment team delivered a Mock Tribunal covering a dismissal involving a complex number of issues including health and safety issues. To give a brief overview, the Claimant in our scenario worked from home for the majority of the initial lockdown period beginning in March…
Legal Article
27/11/20
In the past week, media outlets have been reporting that almost two thirds of secondary school children had been self-isolating, up a significant increase from the week before. Similarly, it is estimated that the number of primary school children needing to self-isolate has doubled in the past week.…
Legal Article
26/11/20
A Multi Academy Trust (Focus Trust) announced last week that 15 schools, based in the north west of England and West Yorkshire, would shut on 11 December for the Christmas holidays, due to COVID-19 implications. This announcement was not well received by the government, who refused to allow the…
Legal Article
26/11/20
Many people are confused by trusts and think that trusts 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…
Legal Article
26/11/20
An in-specie contribution is a viable alternative to transferring cash into a pension scheme, and can include assets such as property or shares. Problems can arise where the shares held in the pension scheme are bought back by the company for cash. A private limited company can make use of a…
Legal Article
26/11/20
HMRC introduced the 'off-payroll working rules', commonly referred to as the 'IR35 rules' in 2000, to tackle situations where some contractors took advantage of the tax efficiencies of providing their services through their limited company or another type of intermediary, when in…
Legal Article
25/11/20
It is becoming increasingly more important to ensure that the terms within a contract are clear and address all the necessary points and provisions. Any areas of uncertainty, no matter how minor, provide opportunity for disputes to arise between the parties. In September 2020, Liverpool FC won a…
Legal Article
25/11/20
Is it a step towards addressing the housing problem or does it create more issues than it is worth? Following the Making Home Ownership Affordable discussion paper in 2019, the government has launched a consultation on the new model to be introduced next spring. The consultation fills in some of…
Forbes News
24/11/20
The National Housing Federation (NHF) has this week published a new Code of Governance (the Code); the first in five years. It is a requirement of all registered providers (RPs) of housing registered with the Regulator of Social Housing (RSH) to adopt a code of governance, with many RPs previously…
Forbes News
24/11/20
On the 17th of November 2020 the government released its long-awaited Social Housing White Paper - The Charter for Social Housing Residents - that looks to reset the relationship between Registered Providers, residents and the Regulator for Social Housing (RSH). The paper focuses on health &…
Legal Article
20/11/20
Diriye v Bojaj [2020] EWCA Civ 1400 What happened in this case? The Claimant provided a document which was posted at 5.36pm on 4 April 2010 in an attempt to comply with an Unless Order requiring the documents to be served by 4pm on the 4 April 2010. The document was sent using Royal Mail…
Legal Article
20/11/20
The Government has changed the deadlines for employers lodging furlough claims with HMRC. Claims from 1 November 2020 must be submitted by 11.59pm 14 calendar days after the month you are claiming for. Claim for furlough days in Claim must be submitted by…
Legal Article
19/11/20
In light of the current COVID-19 pandemic and the nation going into a second lockdown, it can be easy to forget the time limits in which companies and individuals have to actually physically issue their claim at Court. Due to the current delays in claims being issued at court, it is more important than…
Legal Article
17/11/20
In summer, the Government set out further details of the UK's points-based immigration system. The changes to the immigration system are set to completely overhaul the immigration system in the UK. The Immigration Bill continues its passage through Parliament and will provide the legal basis…
Legal Article
17/11/20
In the case of Perwaz v Perwaz [2018] UKUT 325 (TCC), the Upper Tribunal (Tax and Chancery Chamber) examined the issue of undue influence when a mother alleged her son had abused their relationship of trust and confidence and coerced her into transferring her property to him. The case involved &…
Forbes News
17/11/20
You may have had sight of recent letters from the Lord Chancellor to the High Court Enforcement Officers Association requesting that evictions and enforcement by taking control of goods are put on hold. Firstly, whilst we were in the tiered lockdown system, he requested they don't take place in Tier…
Legal Article
17/11/20
Earlier this month, the Information Commissioner's Office (ICO) published detailed guidance discussing the use of criminal offence data in detail. Data Protection Officers and information governance teams should review the latest guidance to ensure RPs meet the obligations set out in the new…
Legal Article
17/11/20
The government have confirmed the property market can continue despite Lockdown 2. How is the property market fairing during these uncertain times? The Government says - 'You can still move home. People outside your household or support bubble should not help with moving house unless…
Legal Article
17/11/20
CASE UPDATE: The Board of Governors of IQRA Community Primary School (Respondent) Ms F Mansur (Claimant) Background Ms Mansur was a Teaching Assistant at the Respondent school. The Claimants initial claim was direct sex/race discrimination, and unfair dismissal. There were…
Legal Article
17/11/20
The Royal Borough of Kingston-upon-Thames has lost its appeal to the Court of Appeal over a High Court ruling that it overcharged tenants for water. It is not uncommon for local authority and private registered providers of social housing landlords to enter into agreements with water companies to…
Legal Article
16/11/20
Forbes' Commercial team regularly provide intellectual property services, such as advising on and assisting with trade mark registrations in the UK and beyond, and handling disputes not only where our clients' intellectual property rights are being infringed, but also where our clients are…
Legal Article
16/11/20
Although this area of law is still uncertain as the UK government is yet to either secure a deal for the UK or to leave the EU without a deal, it is thought that Brexit may impact divorce where one spouse is living in the EU and one spouse is living in the UK. Currently there are around 3.8 million…
Legal Article
13/11/20
Lockdown 2 is well underway and understandably, for some parents, this has caused some confusion. To clear things up, here are 6 need to knows for parents, whether you're a new parent or co-parenting during the pandemic: · Babies and toddlers don't count for the outdoor 2 person…
Legal Article
12/11/20
Case Update The Board of Governors of IQRA Community Primary School (Respondent) Ms F Mansur (Claimant) Background The Claimant was a Teaching Assistant at the school. The Claimant's initial claim was one of direct discrimination on grounds of sex and race, and unfair dismissal…
Legal Article
11/11/20
On 5th November, the Housing Secretary announced that Tenants will be protected during the current national restrictions with no bailiff enforcement action. This will likely run in to the "winter truce" which starts on the 11 December meaning enforcement will not take place over Christmas…
Legal Article
11/11/20
Recently the Court heard an Application brought by the Local Authority, Derbyshire County Council, to strike out a claim in negligence brought by X, a minor. Under CPR 3.4 the Court has the power to strike out a statement of case if it appears that there are no reasonable grounds for bringing the…
Legal Article
11/11/20
A new two-part possession procedure has been introduced by The Master of the Roles which is to ensure a smooth re-start to possession proceedings. What does this mean? A Review Hearing has been introduced, which will be followed on by the Substantive Hearing. These hearings have replaced the…
Forbes News
10/11/20
Forbes Solicitors is urging registered providers of housing to look beyond lockdown and remember to complete a new self-assessment for the Housing Ombudsman's Complaint Handling Code. Introduced in July this year, the Code requires landlords to self-assess by 31st December 2020 in a move to…
Forbes News
10/11/20
Forbes Solicitors Launches Business 'Sounding Board' In collaboration with business leaders and advisers across the region, Forbes Solicitors is launching its latest initiative, the Sounding Board. This will provide the opportunity for businesses to access a complimentary one-hour…
Legal Article
09/11/20
Introduction The economic implications of Covid-19 have presented an array of financial difficulties for both landlord and tenants in commercial leases. With tenants struggling to fulfil their rent obligations under their lease, there are important considerations that both parties should have in…
Legal Article
05/11/20
Schools will remain open for the second period of national lockdown. The Government has produced guidance on how the new restrictions impact schools. The main changes include rules on face coverings and clinically extremely vulnerable children and staff. The deadline for introducing the changes is…
Legal Article
05/11/20
Just as we began to get our heads around the postponement of the Job Support Scheme (JSS) and the extension of the original Coronavirus Job Retention Scheme (CJRS) otherwise known as the "furlough scheme", Rishi Sunak has announced that the CJRS will now be extended until March 2021. What…
Legal Article
05/11/20
The Times newspaper recently reported on a case where a cyclist had succeeded in a claim against the owner of a dog who had run out in front of him causing him to come off his bicycle. As a result, he suffered a brain haemorrhage after he flew over the handlebars of his bicycle which left Mr…
Legal Article
04/11/20
The Case (1) RACING PARTNERSHIP LTD (2) ARENA LEISURE LTD (3) ARENA RACING CORP LTD v SPORTS INFORMATION SERVICES LTD (2020) was brought against Sports Information Services Limited, who had an exclusive contractual right to collect, analyse and sell information to off-site bookmakers for the…
Legal Article
03/11/20
As we enter into a countrywide lockdown for the 2nd time, the NHS is likely to face significant strain once again. In March and April, as the number of COVID19 cases and deaths were increasing, the number of patients seen face to face in primary care fell sharply. GP's were facing a difficult…
Legal Article
03/11/20
The Coronavirus Job Retention Scheme (CJRS), also known as the furlough scheme, has been extended following the Prime Minister's announcement on Saturday 31 October that England was due to enter into a second national lockdown as of Thursday, 5 November 2020. During the lockdown period, non-…
Legal Article
03/11/20
UK Ltd [2020] EWCA Civ 1228v The Court of Appeal unanimously upheld the High Court's decision confirming the ordinary legal meaning of 'goodwill' was applied in the context of a contractual construction on the exclusion of liability clause in a SPA for lost 'goodwill'.…
Legal Article
03/11/20
Since the publication of our earlier article highlighting key aspects of contracts which should be considered in light of the forthcoming end to the Brexit transition period ( https://www.forbessolicitors.co.uk/news/47169/brexit-preparing-for-the-end-of-the-transition-period ), negotiations between the…
Forbes News
03/11/20
Forbes Solicitors has launched its inaugural Reinvention and Resilience Top 50 - an insightful report featuring North West businesses that have innovated and diversified during the Coronavirus pandemic. The regional law firm compiled the research - including nominations from small-to-medium-sized…
Legal Article
02/11/20
· Give the changing rules and regulations both nationally and locally, can a rent holiday still be agreed with a connected tenant company? As early as March 2020, HMRC announced that they would relax their usual requirements in respect of rent holidays (for an independent valuation…
Legal Article
02/11/20
Parental alienation has recently been discussed by the Law Society Gazette. It is a process, the result of which is a psychological manipulation of a child into showing unwarranted fear, disrespect or hostility towards a parent. Sadly, this term has been increasingly used in many family law cases…
Legal Article
30/10/20
Despite the wider reopening of schools in England from September 2020, Coronavirus continues to have a lasting impact on the ability to provide continuous staffing in schools, particularly where infection rates continue to be high. Many schools have continued to pay their teaching staff in the…
Legal Article
29/10/20
The Health and Safety Executive is carrying out spot checks and inspections on all types of businesses in all areas to ensure they are COVID-secure. Specifically, they have indicated that this includes schools in England and Wales. This follows on from recent checks on schools in Scotland aimed at…
Legal Article
29/10/20
The Civil Justice Council (CJC) is conducting a review of all the pre-action protocols (PAPs). The review will look at all aspects of PAPs, including their purpose, whether they are working effectively in practice and whether any reforms are required. The CJC is particularly interested in how PAPs…
Legal Article
29/10/20
The COVID - 19 related PD 51ZA which provided for the ability of parties to litigation to agree extensions of time of procedural time limits of up to 56 days rather than 28 days will cease on the 30 October and we understand that no postponement of that to a later date is expected.
Legal Article
29/10/20
As larger proportions of the national workforce have incrementally been returning to the workplace, the issues faced by those industries which have continued to operate during lockdown are coming under greater scrutiny. The most significant of these factors is ensuring that the workplace is COVID-secure…
Legal Article
29/10/20
The Ministry of Justice has confirmed that the plan remains for the new RTA portal to go live next April. This is despite concerns that the pandemic may have led to yet further delays. The rules committee met earlier this month to discuss the new rules that will be required. Details of their…
Legal Article
29/10/20
The COVID-19 pandemic has presented the manufacturing industry with significant operational challenges, as some manufacturers and suppliers have had to close down or scale back operations in response to falling demand and as a result of Government restrictions. The manufacturing sector will most likely…
Legal Article
29/10/20
Leadec Limited, a specialist industrial services company has been fined £2 million and ordered to pay £30,000 costs following a fatal injury to Joseph MacDonald, one of its employees. The company pleaded guilty to breaching section 2(1) of the Health and Safety at Work Act 1974. Mr…
Legal Article
28/10/20
In the case of Greater Manchester Fire and Rescue v Veevers [2020] EWHC 2550 (Comm) the court ordered the defendant to pay the claimant's legal costs of attending the inquest into the death of the claimant's son despite a pre action statement that the defendant agreed to compensate the claimant…
Legal Article
28/10/20
The method of calculating the amount of compensation a claimant should be awarded for the extra accommodation costs associated with their injury has long been in contention between claimants and defendants. The difficulty arises when a claimant has a need for more expensive accommodation that can be…
Legal Article
28/10/20
The High Court has provided guidance on where the burden of proof lies in showing what "reasonably practicable" means in relation to claims brought for damages arising out of a highway authority's duty under S41(1A) of the Highways Act 1980 which states: "In particular. the…
Legal Article
28/10/20
An assault by a pupil on a teacher has led to a fine of £300 000 (before reduction due to lack of revenue due to coronavirus) for Luton Borough Council. Luton Crown Court heard how on 17 June 2016, the assistant head teacher at Putteridge High School was called to deal with a disruptive…
Legal Article
28/10/20
A probation notice was served in relation to a meat-cutting bandsaw that was found not have an interlocking guard to protect staff from accessing moving parts of equipment, which included rotating pulleys and the bandsaw blade. In November 2018, Environmental Health Officers from Dacorum Borough Council…
Legal Article
28/10/20
In 2 recent cases the Guideline Hourly Rates used as the basis of assessment of opponents' costs in civil litigation, and set in 2010, have been scrutinised with judges accepting that they are not necessarily appropriate in all cases 10 years on. In Re PLK and others the High Court discussed the…
Legal Article
28/10/20
Forbes have successfully represented a football club in a claim arising out of an alleged injury to a player when he says that his foot went into a hole in the playing surface. In dismissing the claim the judge referred to the need to consider whether a desirable activity might be prevented or…
Legal Article
28/10/20
Over recent years the question of what actions of its employees an employer is and is not vicariously liable for has come before the courts on various occasions. The leading case remains Lister v Hesley Hall Ltd from 2001 which set out a 2 stage test including a test of "sufficiently close…
Legal Article
28/10/20
Her Majesty's Courts and Tribunal Service (HMCTS) launched a refund scheme for overpaid court fees. It includes those fees applicable for stage 3 Part 8 claims that started life in the personal injury claims portal paid up to 30 April 2018. If a claimant has paid such a fee, or a defendant has…
Legal Article
28/10/20
Dealing with the outbreak of Covid-19 has caused significant headaches for all schools over the past few months. Schools have overcome considerable difficulties that could never have been prepared for and whilst there are challenges ahead for schools some of these challenges can at least be predicted…
Legal Article
28/10/20
On 7 October 2020, the Information Commissioner's Office (ICO) published the outcome of a compulsory audit of the Department for Education (DfE) earlier in the year. The audit found that data protection was not being prioritised and this affected the DfE's ability to comply with the GDPR and…
Legal Article
28/10/20
The Department for Education's changes to the Statutory Guidance Keeping Children Safe in Education came into force on 1 September 2020. A number of changes have been made, but the key changes relate to supply staff, online safety and mental health. The ongoing situation regarding Coronavirus has…
Legal Article
28/10/20
On 1 October 2020, the Government updated its guidance on 'Education and Childcare during Coronavirus,' to include a duty on schools to provide a remote education provision for pupils who need to remain at home for reasons relating to Coronavirus and are of compulsory school age or under that…
Forbes News
28/10/20
As the Brexit transition period comes to an end on 31st December 2020, organisations now need to begin to prepare for changes to the way in which they work from 1st January 2021. Whilst there continues to be uncertainty as to whether any deal will be reached with the EU, organisations should be aware…
Legal Article
27/10/20
The recent High Court decision in Pullman Foods Ltd v The Welsh Ministers and another [2020] EWHC 2521 (TCC) (23 September 2020) provided a stark reminder of the potential pitfalls for tenants in relation to yielding up obligations. Pullman Foods Limited ('the Tenant') was the tenant of a…
Legal Article
26/10/20
Below is an example of a recent Forbes Collect matter in which a debtor refused to make payment initially, and then we went on to make a full recovery for our client including additional interest and costs. Background We were recently instructed by a company who had provided professional…
Legal Article
26/10/20
The prospect of recovering a debt can be daunting if you are unsure as to what this may entail. Below we offer an overview of the usual stages of debt recovery, from Pre-Litigation to Enforcement. · Pre-Litigation Letter Before Action (LBA) The first step we will take…
Legal Article
23/10/20
The placenta develops alongside the fetus in pregnancy supplying the fetus with oxygen and nutrients and removing waste. It is responsible for hormone production to support the pregnancy and provides protection against internal infection and transfer of protective antibodies to the baby. It joins the…
Legal Article
23/10/20
Given the strain currently on employers dealing with the vast array of challenges created by the ongoing pandemic, it is all too easy to neglect dealing with employment issues that would previously have been high on the priority list. In a world dominated by furlough, shielding, risk assessments,…
Legal Article
23/10/20
Will disputes are becoming increasingly common due to changes in social norms, family structures, increase in elderly population, a rise in dementia and Alzheimer's sufferers and the increasing value of estates. Kirsty McNulty is an Associate at Forbes Solicitors specialising in Contentious Trusts…
Legal Article
22/10/20
Big changes have just been announced by Rishi Sunak to the Job Support Scheme (JSS). The JSS is due to come into force in less than 2 weeks on 1 November 2020. As before, the JSS will be open to all small business and larger business who can show an impact on revenues and financial difficulty.…
Forbes News
21/10/20
Earlier this week Darren Burton, Head of Housing Consultancy at Forbes and D.I Kirsten Dent, NPCC County Lines Lead for Movement and Transport, National County Lines Coordination Centre, presented a webinar on the topical issue of County Lines. 100 delegates joined the webinar where D.I Dent gave…
Legal Article
21/10/20
In its consultation paper - 'Transparency and Competition: A call for evidence on data on land control' - the Government has set out its aims to increase competition in the housing market through transparency in property transactions, with the hope of encouraging small and medium-sized…
Legal Article
21/10/20
The ICO has today announced that it has published its updated its 'Right of Access Detailed Guidance'. A copy of the guidance can be found here - https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/right-of-access/ This…
Legal Article
21/10/20
The government has set out proposed changes to the requirements for transparency in supply chains under the Modern Slavery Act 2015. At present, certain commercial organisations must publish an annual statement setting out the steps they take to prevent modern slavery in their business and supply…
Legal Article
21/10/20
Horse riding is an extremely popular leisure activity in the United Kingdom, especially in more rural environments. Equestrian activities can however lead to a multitude of injuries ranging from very minor to fatal. On average, approximately two horses a week are killed on UK roads alone, with 845…
Legal Article
21/10/20
Sky High Fine: ICO fines British Airways £20m for data breach The Information Commissioner's Office (ICO) has fined British Airways (BA) £20m has fined British Airways - the biggest such penalty to date - for failing to protect data resulting in more than 400,000 of its customers…
Legal Article
20/10/20
Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38 In its recent decision in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb, the Supreme Court has provided clarity on the approach to be taken to determine the law governing arbitration agreements. After a fire broke…
Legal Article
20/10/20
Last week members of the Housing Property Team had the pleasure of attending the National Housing Federation's first virtual Affordable Home Ownership Conference. A different format but non the less informative with valuable insight into the upcoming changes in the industry and the impact Covid-19…
Legal Article
20/10/20
Keshwala & Anor v Bhalsod & Anor (2020) EWHC 2372 (QB) This is an interesting case on relief against forfeiture and contains some useful pointers on the nuances of forfeiture by physical re-entry. The lessee had taken a 20 year lease of the property in 2008. It was a commercial lease…
Legal Article
20/10/20
The Government has recently implemented two new Statutory Instruments which introduce additional permitted development rights. Both of these rights came into effect on 31 August 2020. Permanent development rights to add up to two storeys The first established by The Town and County Planning (…
Legal Article
20/10/20
It has been reported earlier this month that the Swedish clothing retailer, H&M has been fined more than €35 million by the German data protection authority, after it was found to have unlawfully collected employee data of some of its employees in Germany. This is the highest level of fine…
Legal Article
20/10/20
Housing Diversity Network is a social enterprise that aims to inspire and empower people, promoting equality, diversity and opportunity for all. It works collaboratively to support organisations to improve how they address inequality, get the most from their staff and meet the needs of the communities…
Legal Article
20/10/20
On 24 September 2020, the Chancellor announced the new Coronavirus Job Support Scheme (JSS), the successor to Coronavirus Job Retention Scheme (CJRS). The new scheme is intended to support business who wish to retain their employees and avoid compulsory redundancies. As of 9 October 2020, the Chancellor…
Legal Article
20/10/20
" Things should be made as simple as possible, but not any simpler " Albert Einstein (1879-1955). The principle is that guidelines are just that. Sir Michael Rawlins, the former Chairman of NICE commented that " no guidance can cover 100%, because people vary. It is up to the doctor…
Legal Article
16/10/20
On 14 October 2020, Parliament approved 'The Restriction of Public Sector Exit Payments Regulations 2020,' (the Regulations) in a long-anticipated move to restrict the amount public sector employers can pay their employees on termination of employment. The Regulations are intended to come in to…
Legal Article
16/10/20
The announcement of a national lockdown on 23rd March 2020 caused much uncertainty and chaos for many of the businesses within the United Kingdom. It has now been months of worry and despite the UK Governments attempts to navigate the country through the pandemic and help our businesses along the way,…
Legal Article
16/10/20
The increase of unpaid invoices has no doubt had an impact on the workload of those within credit control. As the department gets busier, you should have an effective credit management system and procedures in place to ensure that you are keeping on top of the status of all outstanding invoices and the…
Legal Article
15/10/20
The Education Team at Forbes Solicitors are pleased to launch a programme of live online training specifically for the Education Sector. We understand the added pressures the sector is facing on top of the need to keep at the forefront and up to date with training at a time when there is less…
Legal Article
14/10/20
The guidance document 'Occupational Health advice for employers and pregnant woman during the COVID-19 pandemic' has been archived. The Royal College of Obstetricians and Gynaecologists (RCOG), the Royal College of Midwives (RCM) and the Faculty of Occupational Medicine (FOM) had produced…
Legal Article
13/10/20
The transfer of personal data from outside the European Union to a third country is prohibited under the General Data Protection Regulation (GDPR) unless certain safeguards are met. These safeguards include: · Under Article 45, GDPR - where there is a European Commission adequacy decision…
Legal Article
13/10/20
The Information Commissioner's Office (ICO) has published its Accountability Framework to help organisations manage their data protection compliance and understand how they can comply with the General Data Protection Regulation's (GDPR) accountability principle. Article 5(2) of the GDPR…
Legal Article
13/10/20
It has been reported earlier this week that the Swedish clothing retailer, H&M has been fined more than €35 million ($41 million) by the German data protection authority, after it was found to have unlawfully collected employee data of some of its employees in Germany. This is the highest level…
Legal Article
13/10/20
It has recently been reported that the High Court awarded an interim injunction preventing a local resident from publishing sensitive personal information that was wrongly disclosed by the social services department in the London Borough of Redbridge. Background In the matter of London Borough…
Legal Article
13/10/20
Tom Howcroft, a solicitor who specialises in Wills, Trusts and Probate disputes considers how the promise of an inheritance of a family business can be enforced, if that promise is not kept. "One day, all of this will be yours" is a saying often heard when family business owners are…
Legal Article
12/10/20
The High court was recently asked to adjudicate in a case NK v COMMISSIONER OF POLICE OF THE METROPOLIS (2020) where the authorities had retained data about an 11 year old boy who had expressed extremist ideas about terrorism including, America being evil, an obsession with killing the Prime Minister…
Legal Article
09/10/20
With the uncertainty of Brexit and the current impact of COVID-19 threatening many businesses, the responsibility of running a company rests solely with the directors of the company. It is important therefore that a director is aware of the duties imposed on them by law. What is the difference…
Legal Article
09/10/20
Coronavirus has undoubtedly dominated the headlines over the last few months, but intellectual property (IP) owners are encouraged to not forget that the Brexit transition period comes to an end at 23:00 on 31 December 2020, and this will result in changes which owners of IP should be aware of. The…
Legal Article
09/10/20
The pandemic has meant that working practices have already changed and are certain to continue doing so. For example, there may be more frequent overnight installations of new equipment, as this reduces the number of people congregating. For the same reason, modular construction and pre-assembly is…
Legal Article
08/10/20
Since the start of the Pandemic, and the gradual ease back to the 'new normal', the number of people cycling in Great Britain is ever increasing. A National Travel Survey recently reported that around 8% of the population cycle at least three or more times a week. This equates to around 5.1…
Legal Article
07/10/20
The HSE has just announced that it will be conducting its latest round of construction site inspections throughout October. They are focussing on various issues, most notably how sites are dealing with exposure to dust (in all its forms). Construction workers are disproportionately more likely to…
Legal Article
07/10/20
The imaginatively named Town and Country Planning (General Permitted Development) (England) (Amendment) (No.2) Order 2020 came into effect on 31 August 2020 and is the second phase of the Government's permitted development rights relating to upward extensions. The government stated that it…
Forbes News
06/10/20
The Regulator of Social Housing (RSH) has published details of a Regulatory Notice (a Notice) issued to Wandle Housing Association Limited (WHA), a registered provider (RP) operating predominately in South London. Regulatory notices are issued in response to an event of regulatory importance that, in…
Legal Article
06/10/20
PPN 04/20 provides essential considerations for those in the construction sector, acknowledging that Covid-19 is not a shot term crisis. Partnership and transparency Contracting authorities are reminded to continue to work in partnership with suppliers, to pay suppliers as promptly as possible…
Legal Article
06/10/20
Do you know what the payment provisions are within your contract? How do you ensure that you comply with the timeframes? Are your payment terms compliant with the Scheme for Construction Contracts? A recent Technology and Construction Court decision in the matter of Rochford Construction…
Legal Article
06/10/20
The Job Retention Bonus aims to reduce the scope for compulsory redundancies by rewarding employers who retain their furloughed employees. The bonus is a fixed £1,000 one-off taxable payment, payable to the employer, for each eligible employee that was furloughed and kept continuously employed…
Legal Article
05/10/20
On 1 October 2020, the Government updated its guidance on 'Education and Childcare during Coronavirus,' to include a duty on schools to provide a remote education provision for pupils who need remain at home for reasons relating to Coronavirus, who are of compulsory school age or under that age…
Legal Article
02/10/20
A recent High Court decision in Jalla v Shell International Trading and Shipping Co Ltd [2020] EWHC 2211 (TCC) considers what it means to have the same interest in the context of claims brought by representatives on behalf of a larger group. The Facts In December 2011, a large oil spill…
Legal Article
02/10/20
The Government have recently announced an extension of insolvency measures under the Corporate Governance and Insolvency Act until the end of year. These measures include the prevention of statutory demands and winding up petitions until the end of year unless there are specific circumstances.…
Forbes News
01/10/20
It has been reported today that the Swedish clothing retailer, H&M has been fined 35.3 million euros ($41 million) by the German data protection supervisory authority, after it was found to have spied on some of its employees in Germany. The national supervisory authority based in Hamburg has…
Legal Article
01/10/20
After a long and arduous journey that started in 2017, The Fatal Accidents Act 1976 (Remedial) Order 2020 is finally set to come into force on the 6th October 2020, providing an amendment to extend the scope of people entitled to statutory bereavement awards, to cohabitees. The amendment to the law…
Legal Article
30/09/20
In May 2020 we reported the increase in the bereavement award for fatalities from the 1 May 2020. At that time we highlighted that it did not yet apply to cohabitees, but that change was anticipated. That change will now be brought in with effect from the 6 October 2020, when the Fatal Accident Act…
Legal Article
30/09/20
The HSE has announced that it will be carrying out its latest construction health inspection initiative this October with health and safety inspectors targeting construction sites across Great Britain. The initiative will run from Monday 5 to Friday 30 October and will focus on respiratory risks as…
Legal Article
30/09/20
The Daily Mail recently reported that Mr Hunt, previous Health Secretary and now Chairman of the Commons Health Select Committee has reported that ¾ of hospitals are refusing to publish reliable data on the number of avoidable deaths of patients in their care. Only 15 out of 59 hospitals have…
Legal Article
30/09/20
Mr Walvin, was using his motorised wheelchair on a footpath when he rode over a defective paving slab causing him to fall from the chair. At trial the court concluded that the accident happened as alleged and that the defect was a danger to users of the highway. However, the Sunderland City…
Legal Article
30/09/20
Forbes have successfully defended a highways tripping claim on causation grounds. The claim arose as a result of an alleged accident on Christmas Eve 2015. The Claimant's case was that he had been out training with a friend in readiness for the start of his army career in January 2016. He…
Legal Article
30/09/20
The Claimant claimed that he was involved in a road traffic accident after 11 pm when he and his two passengers decided to go to McDonald's. On entering the McDonald's carpark, it was alleged that a van driven by an employee of the insured was driven into collision with the claimant's…
Legal Article
30/09/20
Forbes acted for Sheffield City Council in the successful defence of a claim on the basis that the claimant was fundamentally dishonest. The Claimant's pleaded case alleged that on 19th October 2016 she was caused to slip down 14 steps in the communal area of the block of flats where she…
Legal Article
30/09/20
As many schools have now commenced a period of wider re-opening, following the COVID-19 lockdown and summer break, questions still remain regarding more vulnerable members of staff and whether they should be attending school, where they may be required to mix with hundreds of people on a daily basis…
Legal Article
29/09/20
Although our doors may have been locked over the past few months, the tidal wave of Will disputes has not abated. If anything Will disputes are becoming more common. The courts have physically closed their doors for the majority of, if not all, hearings but the wheels of justice continue to turn with…
Legal Article
29/09/20
Following the Prime Ministers announcement on Tuesday 22 September and as of 12am on 28 September 2020, the Government have introduced new Coronavirus regulations, adopting a harsher approach to individual self-isolation and the obligations on an employer to encourage enforcement. The Health…
Legal Article
28/09/20
In the latest Civil Litigation Brief Gordon Exall makes reference to a new book and "The perceived compensation culture". It makes an interesting read dispelling some of the myths that there is a compensation culture in the UK. As with all processes, there will be a few that take…
Legal Article
28/09/20
Litigation can be uncertain, expensive and time consuming. However, the Courts have a wide range of case management powers, the exercise of which may heavily depend on the actions taken by parties involved in the litigation. Care should be taken when embarking on Court action and it is important to take…
Legal Article
25/09/20
The NHS COVID-19 app ('the app') has been released and the UK Government has produced corresponding guidance for leaders and staff in schools and further education colleges in England. The app aims to complement the NHS Test and Trace in England by automating some aspects of the process of…
Legal Article
25/09/20
An Employee Ownership Trust (EOT) is an alternative business ownership structure with specific benefits to both owners and employees. It involves the employees of the business holding a controlling stake in a trading company via a specifically designed trust. This is intended to facilitate participation…
Legal Article
25/09/20
Dementia Friends is an Alzheimer's Society initiative which encourages everyone to learn more about dementia and to turn that understanding into action. Actions can be both big and small and are all very important. The initiative hopes to change people's perceptions of dementia and the way…
Legal Article
24/09/20
Rishi Sunak has today unveiled the Government's plan to protect jobs and support businesses over the coming months following the announcement earlier this week, which warned Britons that restrictions could be in place for the next 6 months. The Chancellor confirmed that the current Coronavirus…
Legal Article
23/09/20
Forbes Solicitors Education specialists hosted an online discussion and were joined by panellists Chris Malings from Malings Change Associates, Paul Atkinson - Director of Finance and Business, Vicki Hayward - SBM and Noel Conreen - Business and Finance Manager. It is more important now than ever…
Legal Article
23/09/20
On 2 September 2020, the ICO's Age Appropriate Design Code (known as the Children's Code) came into force. The Children's Code sets out 15 standards that online services should meet to protect children's privacy whilst online. The Children's Code is a statutory code of conduct…
Legal Article
23/09/20
A Primary School was recently forced to close all but one year group as a result of the infection of a number of staff with Covid-19 following an out of school social event. Members of staff attending the event contracted Covid-19, and the infection spread to other members of staff who did not attend…
Legal Article
23/09/20
The Government has announced new reforms to the Employment Tribunal Rules of Procedure 2013, with the aim of increasing the employment tribunals' capacity to hear claims and ensure a speedier resolution of cases for businesses and employees. The main driving force behind the reforms is the…
Legal Article
22/09/20
The High Court has last week handed down judgment in the case of The Financial Conduct Authority and Others [2020] EWHC 2448 (Comm). This was a test case brought by the Financial Conduct Authority against several insurance companies to clarify the scope and meaning of Business Interruption (BI)…
Legal Article
21/09/20
With uncertainty in the market, now is a good time for businesses to be considering how they best protect their assets from any potential downturn in trading. Key assets, such as business premises, intellectual property rights, plant and machinery, etc. - even cash - can all be ringfenced by moving them…
Legal Article
21/09/20
Tai Tarian v Christie Update: A dismissal based on anonymous witness evidence will not necessary be unfair, even where that witness declines to participate in the disciplinary process. Background and Tribunal findings: The Respondent was a housing association, who employed the…
Legal Article
21/09/20
(1) Retirement Lease Housing Association Limited (2) Fountain Retirement Housing Association Limited v (1) Pauline Schellerup & Phylis Woodford (2) C Martin [2020] UKUT 232 (LC) The above case was a conjoined appeal to the Upper Tribunal by the landlords of separate supported housing…
Legal Article
21/09/20
What is a Shareholder Agreement? In short, a shareholder agreement is what it says on the tin, an agreement between the shareholders of a company. The agreement contains terms that govern the ownership of the business, including the issue and transfer of shares and company management. A…
Legal Article
18/09/20
The Law Commission has released a collection of reforms to improve home ownership in England and Wales. These will make it easier and cheaper for homeowners to buy the freehold or extend their lease, and to take control of the management of their block of flats or an estate. The Law Commission is…
Legal Article
17/09/20
The Information Commissioner's Office (ICO) has published its recent data security incident trends for the first quarter of 2020/2021. The figures published are compiled by the ICO and are based upon the number of personal data breaches reported to them. The figures show how many incidents have…
Legal Article
16/09/20
In the recent case of Kathryn Hopkins v Revenue & Customs Commissioners [2020] EWHC 2355 (QB), the High Court struck out most claims brought by a civil servant against her employer. This article will focus on some of the 20 data protection claims under the General Data Protection Regulation (EU)…
Legal Article
16/09/20
The ICO have recently published details of data security incidents on their website. The figures show that the vast majority of data breaches related to cyber security incidents, hacks and cyber-attacks, followed closely by sending information to an incorrect recipient by email or post. The lower…
Legal Article
15/09/20
The Government has recently launched a consultation into the technology supporting 'hands-free' driving, and estimate it could be legal on all UK roads by as early as 2021. The Society of Motor Manufacturers and Traders suggest this new hands free technology could potentially cut accidents by up…
Legal Article
11/09/20
Homes England have announced significant changes to the shared ownership programme with the introduction of a new shared ownership model which will come into effect for all new shared ownership homes delivered under the new Affordable Housing Programme 2021 to 2026. Whilst the new model form lease is…
Legal Article
11/09/20
On the 8th September, Robert Jenirck, the housing secretary, announced a £12.2 billion overall investment in affordable housing. Which does include £700 million on new homes through the 2016 to 2022 programme, along with a new £11.5 billion Affordable Homes Programme which will be…
Forbes News
09/09/20
Leading commercial lawyer David Filmer has joined Forbes Solicitors as a partner in the firm's corporate team. David joins Forbes Solicitors from Harrison Drury in Preston, where he was head of the corporate and commercial team, and responsible for leading a number of significant deals for…
Legal Article
08/09/20
Whilst it is largely accepted that the global pandemic is testing the Country's healthcare system to the limit, it is clear to see that the re-direction of hospital resources to manage COVID-19 has resulted in our cancer patients being one of the worst affected groups of patients, fast becoming the…
Legal Article
03/09/20
Summary of Facts in the case of K v L The Claimant in this case was a Teacher. He was accused by the police of being in possession of indecent images, which it appeared were downloaded to an IP address associated with the Claimant. The Claimant denied the allegations. Upon review of the evidence…
Legal Article
02/09/20
As an Insurer or claims handler, even if you do not deal with the Personal Injury Portal, you need to be aware of the issues raised here for cases that start off in the portal but increase in value. The cynic in me wonders how often claimants and their advisors have tried to use the portal process…
Legal Article
02/09/20
It will come as no surprise that over the weekend the Government introduced amendments to the Coronavirus Act, which have subsequently amended the prescribed forms for both Section 21 Notices and Notices of Seeking Possession in England. The amendments only affect notices served after 29 August 2020 and…
Legal Article
02/09/20
Forbes recently acted for the defendant in the matter of Ashley Stapleton and Jordan Stapleton v The Co-operative Group Ltd, a contested claim arising out of a motor accident in October 2015 01/10/2015 on Sheepscar Street, Leeds. The 2 claimants alleged that the Co-op's HGV went into the back…
Legal Article
02/09/20
The facts The Claimant alleged that on 3rd December 2015 at around 5pm he was walking on Acorn Road, near to the junction with Osbourne Road in Jesmond, Newcastle, when he tripped over a roadworks sign that had fallen over on the pavement. The Claimant fell to his left side and suffered his main…
Legal Article
02/09/20
A Parliamentary Briefing Paper was recently published on 16 June 2020 entitled Leasehold high rise blocks: who pays for fire safety work? The full article can be found here - we have picked out some of the main points below. As at 31 May 2020, 455 residential blocks and public buildings over 18…
Legal Article
02/09/20
The facts The Claimant alleged that on 25th September 2015 at around 7.30pm he was out walking his dog with his brother. As they were walking along a footpath/alleyway in Pemberton, the Claimant claimed that his foot hit a raised section of paving which caused him to fall and sustain a fractured…
Legal Article
02/09/20
Forbes at Trial CCTV helps successful defence Forbes recently successfully acted for a retail organisation in defending a personal injury claim in which CCTV of the event played a vital role. Often CCTV is inconclusive as, for example, it does not capture the right angle or is too far away to…
Legal Article
02/09/20
Roundup of HSE fines in August 2020 Simple working practices could have easily avoided these 4 accidents that resulted in fines, adverse publicity and potential personal injury claims for the companies involved. 1 - Brebner and Williamson Limited has been fined following an incident where…
Legal Article
02/09/20
To what extent should a breach of Health and Safety Regulations affect a finding of negligence since S69 of the Enterprise and Regulatory Reform Act 2013? A recent Scottish case looked at the relevance of the so called "six pack" of health and safety regulations in ascertaining whether…
Legal Article
02/09/20
The Claimant claimed damages following the development of hearing loss and tinnitus caused by alleged exposure to excessive levels of noise during his employment as a welder with the Defendant between 2002 and 2012. It was alleged that the Claimant could not wear ear defenders when wearing his…
Legal Article
01/09/20
It has recently been reported that patients are struggling to book an appointment with their GP because of the current crisis. More than half of patients who have tried to book an appointment, have struggled. In July, all GP practices received a letter from the chief executive of NHS England, advising…
Legal Article
01/09/20
The UK formally left the EU on 31 January 2020 and is currently in the transition period. On 12 June 2020, the UK Government formally confirmed to its negotiating partners that it would not seek an extension to the transition period therefore it will expire on 31 December 2020. On 30 July 2020,…
Legal Article
28/08/20
1 September 2020 marks a significant change in planning legislation, with the introduction of three new Use Classes to the Town and Country Planning (Use Classes) Order 1987. The changes aim to support high street revival by introducing flexibility to planning legislation in light of changing demands…
Legal Article
28/08/20
Recent research by accountancy firm Moore has shown that the average waiting time for payment of supplier invoices is 41 days, the same as it was in 2015. Staggeringly, over 17,000 businesses involved in the study are having to wait 90 days or longer to receive payment of money that they are owed.…
Legal Article
26/08/20
As the economic implications of COVID-19 are taking effect, landlords and tenants across the country are seeking to alter the terms of their traditional Lease agreements, as a means of offering relief to both parties. Turnover Rent Leases, whilst seen as an alternative arrangement that predominantly…
Legal Article
25/08/20
On the 13 March 2020, The Queen's Bench Division of the Media and Communications List passed judgment in the case of Alexander Aristides Reid v Katie Price [2020] EWHC 594 (QB) . This important decision supercedes the phone hacking cases of Gulati v MGN [2015] EWHC 1482 & [2015] EWCA Civ 1291…
Legal Article
24/08/20
Below are a number of interesting and recent case law updates, on the issue of unfair dismissal, disability discrimination and equal pay, which you may find relevant to your organisation. Unfair dismissal 23 July 2020: Evans v London Borough of Brent UKEAT/0290/19 Update: The…
Legal Article
24/08/20
At the 11th hour, just before the stay was supposed to end this Sunday, 23 August 2020, the government has yet again extended the moratorium period on possessions claims. This time until 20 September 2020. While this news will be welcomed by renters, it will be devastating to many private and…
Legal Article
21/08/20
The Governments ban of evictions was due to be lifted on the 23 August 2020 after 5 long months, but at the 11th hour on Friday afternoon, Housing Secretary, Robert Jenrick, announced a further extension of the ban by another 4 weeks until the 20 September 2020. Mr Jenrick is also taking the…
Legal Article
21/08/20
It is standard practice for Corporate documentation to include covenants. Covenants can have a multitude of purposes and provide contractual parties with legal assurances that something will, or will not, be done in an agreement. The recent judgment in Dodika Ltd v United Luck Group Holdings Ltd [2020]…
Legal Article
19/08/20
The Covid-19 pandemic has prompted many people to review their situation and to make sure that their personal affairs are in order. If you want to give yourself a personal legal "health check" what should you be looking for? Will One of the most important documents that you can put…
Legal Article
17/08/20
APIL (Association of personal injury lawyers) have recently launched a safety campaign focusing on Pedestrian safety. Although the number of accidents involving pedestrians has remained the same over the past few years it remains too high. Pedestrians are considered vulnerable road users. Any…
Legal Article
17/08/20
It is standard practice in a contract for the supply of goods or services, for the parties to agree a clause that allows the supplier to terminate the contract with immediate effect upon the customer's insolvency. However, the Corporate Insolvency and Governance Act 2020, which came into force on 26…
Legal Article
13/08/20
We've previously reported on cases demonstrating how costly it can be for landlords who don't follow the section 20 Landlord and Tenant Act 1985 consultation requirements. If not done, landlords can only recover £250 per leaseholder towards the works, unless the First-Tier Tribunal grants…
Legal Article
13/08/20
If you own property off the mains sewage network it is critical that you are aware of the changing legislation around septic tanks. The Environment Agency, in an endeavour to tackle water pollution, has laid down new General Binding Rules, which means systems will now have to be upgraded or replaced…
Legal Article
13/08/20
Alternatives to litigation: The impact of COVID-19 on litigation There have been a significant number of changes happening within the legal sector as a result of the COVID-19 pandemic and the future has never been so uncertain. This pandemic has caused even greater uncertainty to the conduct of…
Legal Article
12/08/20
The number of new homes being built each year in the UK continues to rise. According to NHBC's annual new homes statistics, this has risen by more than 80% over the last decade and in 2019 alone, 161,022 homes were registered with NHBC. At Forbes Solicitors we have a specialist team in our…
Legal Article
10/08/20
The need to plan for succession and providing for the next generation has undoubtedly accelerated for many families due to the Covid-19 pandemic and the uncertainties that it brings. Families are now wanting to review their financial affairs with particular importance being placed on preserving and…
Legal Article
07/08/20
In its ambition to build high-quality, sustainable homes and communities, the government has published the Housing White Paper, 'Planning for the Future'. This consultation document consists of a package of proposals for reform of the planning system in England only with a view to streamlining…
Legal Article
06/08/20
Thousands of married women, widows and divorcees are being short-changed on their state pension. The basic pension pays £134.25 per week, anyone on less than £80.45 could be missing out. It is not always widely known that married women, widows and divorcees can receive a pension rate…
Legal Article
05/08/20
The proposed Agriculture Bill is set to make substantial changes to British farming. The proposals which were originally introduced to the House of Commons back on 16 January 2020 are now being scrutinised in the House of Lords with the intention that they will receive Royal Assent and become law next…
Legal Article
05/08/20
Published in July and with actions required by the end of the year, new sanctions being imposed in "shadow" form now and in earnest from January, the Housing Ombudsman's Complaint Handling Code is a significant addition to the Housing Ombudsman Scheme. Membership of the Scheme includes an…
Legal Article
04/08/20
As most public sector organisations will be aware, the Government has been considering a cap on public sector exit payments of £95,000 since 2015. In April 2019, the government launched a further consultation on draft Regulations to introduce the cap and the consultation closed on 3 July 2019. The…
Legal Article
31/07/20
The unprecedented circumstances brought by the global Covid-19 pandemic has meant that processes and procedures across all sectors have had to change in some way, shape or form, to address the challenges presented. Inevitably, many businesses have embraced these changes quickly to ensure business…
Legal Article
30/07/20
The Department for Business, Energy & Industrial Strategy has announced this morning (Thursday 30 July 2020) that it is bringing in a new law to ensure that all furloughed employees will receive Statutory Redundancy Payments calculated based on 100% of their normal pay, rather than their furlough…
Legal Article
30/07/20
The government is introducing temporary legislation in September to allow the witnessing of Wills in England and Wales by video conferencing software such as Facetime, Zoom and Skype. Any Will witnessed by video technology will be valid, on the proviso that the quality of the sound and video was…
Legal Article
30/07/20
On the 1st July 2020, the HSE released the annual figures for 2019/20 for workplace fatal injuries reportable under RIDDOR and falling within their jurisdiction as enforcement authority. The figures as yet are provisional and will be finalised in July 2021. What are the Key trends shown by the…
Legal Article
30/07/20
What duty is owed to a person voluntarily involved in a fun recreational activity, by the organisers of that activity? This was the main question in a case where Forbes recently successfully acted for the operators of a fun activity centre, where participants carried out activities on various large…
Legal Article
30/07/20
During the previous months of lockdown we have understandably noticed a delay in the progression of tree root related subsidence claims. However, as we come out of the lockdown and head towards the autumnal months we would expect to see an increase in claims activity. Historically, the dryer late Spring…
Legal Article
30/07/20
At this time of year many of us enjoy and use our Council run green spaces, whether they might be city parks, suburban recreational areas or larger green areas further out from the centre of our Towns and Cities. These green spaces come in many different shapes, sizes and location types but ordinarily…
Legal Article
30/07/20
When CN and GN v Poole came before the Supreme Court for a final judgment it was hoped by both claimant and defendant practitioners that clarity would be provided as to the crucial question of when and in what circumstances a duty of care would be owed to a claimant who it was alleged should have been…
Legal Article
29/07/20
Some of you might remember my briefing from a few weeks ago in relation to a proposed new Pre-Action Protocol. Well there is still no sign of that but what has now been introduced is a temporary Practice Direction (PD 55C), which requires landlords to 'reactive' their ongoing stayed possession…
Legal Article
29/07/20
There is a general rule of equity that trustees, just like all other fiduciaries, must not: · Place themselves in positions; or · Enter into transactions… …where there may be a conflict between their duty as a trustee and their personal interests and other…
Legal Article
28/07/20
Cycling weekly recently reported that 1.3 million Brits had bought a bike during lockdown as people sought to take advantage of the exercise freedom allowed during the pandemic, following the governments advice to avoid public transport. As a result, there are many more cyclists on the road. Sales…
Legal Article
28/07/20
The Upper Tribunal has recently published its judgment in the case of The Information Commissioner v Poplar Housing Association and Regeneration Community Association confirming that private registered providers of social housing (RPs) are not subject to the Environmental Information Regulations 2004 (…
Legal Article
23/07/20
As the impact of COVID-19 continues to be felt on businesses despite the gradual easing of national lockdown restrictions, the Government has published a new Code of Practice to set out its guidance focussing on how landlords and tenants should try to work together through any difficulties. The…
Legal Article
22/07/20
What is SDLT? SDLT is stamp duty land tax - a tax on properties bought in England and Northern Ireland. The rate to be paid depends on where in the UK the property is bought, the price of the property and the reason for the purchase. I've heard about a SDLT Holiday - what does this mean…
Legal Article
22/07/20
Covenants restricting the use of properties to "single private dwelling houses" "private residence" and "private dwellings in the occupation of one family unit" have been a common feature affecting properties for some time. They also frequently feature in the transfers of…
Legal Article
21/07/20
The Government Actuary's Department published the 8th edition of the Ogden Tables on the 17 July 2020. The Ogden Tables, used to calculate future losses in personal injury and fatal accident cases in the UK, have been updated and the explanatory notes have been completely rewritten in this 8th…
Legal Article
16/07/20
With a greater reliance by General Practitioners on the use of the Instant Messaging (IM) service within their practice when using the clinical SystmOne IT platform, there is an increasing risk of unintentionally using the system inappropriately; thereby resulting in action being taken by the General…
Legal Article
16/07/20
On 14 July 2020, the Government updated their guidance for apprentices and employers, regarding the changes to apprenticeships during the COVID-19 pandemic. One of the most notable changes is the announcement of a Support Service for redundant apprentices. In addition, comes the confirmation that…
Legal Article
13/07/20
On the 1st July 2020, the HSE released the annual figures for 2019/20 for workplace fatal injuries reportable under RIDDOR and falling within their jurisdiction as enforcement authority. The figures as yet are provisional and will be finalised in July 2021. What are the Key trends shown by the…
Legal Article
10/07/20
Craig MacKenzie and Rod Hall recently defended a prosecution brought by a Local Authority following the death of a 25 year old customer who fell from height after leaving a night club. Forbes represented the company and one of the directors. The company was charged with offences contrary to the…
Legal Article
09/07/20
The recent case of Towergate Financial (Group) Ltd & Ors v Hopkinson & Ors [2020] has provided some guidance in relation to the wording of contractual limitation clauses and their interpretation into corporate share purchase agreements (SPAs). A contractual limitation period is a form of…
Legal Article
09/07/20
Subject to Corporate Insolvency and Governance Bill 2019-21 ("CIGB") being passed unamended The CIGB introduces a moratorium which will provide a breathing space for eligible companies to allow them to enter into negotiations with creditors and will restrict filings for insolvency…
Legal Article
09/07/20
"Is this my problem? Is this my fault? If that's the way it's going to be I'm going to call the whole thing to a halt." Paul Simon wasn't writing about managing construction contracts during the Covid-19 outbreak, but he might as well have been. The standard wording of…
Legal Article
08/07/20
Rishi Sunak has today addressed the House of Commons with his plan to kickstart the UK economy again and protect the jobs of workers. The measures proposed by Rishi Sunak include the following: Bonuses for businesses that bring back furloughed workers The Chancellor announced that the…
Legal Article
08/07/20
Following the announcement that the government has cancelled this summer's exams due to the coronavirus pandemic, the exam regulator, Ofqual has confirmed that it will award GCSE and A-Level grades by a combination of teacher assessment, class ranking and the past performance of the school.…
Legal Article
07/07/20
It has long been known that people from the most deprived areas of the country have poorer health and have a shorter life expectancy compared to people from more affluent areas. With the NHS under immense pressure especially given the COVID-19 pandemic it has become increasingly important for the…
Legal Article
07/07/20
The week commencing 22 June was due to be The Chartered Institute of Housing week, however given the current pandemic this was not able to go ahead, although it was replaced by Digital Housing Week. This adaption is just another example of how the housing sector can quickly innovate. The event was…
Legal Article
07/07/20
Forbes Solicitors has been named on the Central Housing Investment Consortium Ltd ("CHIC") framework which reflects the firm's deep expertise and track record in the sector across its specialist teams. CHIC is a consortium of Registered Providers and has around 90 members across the…
Legal Article
07/07/20
We regularly advise Registered Providers of Social Housing on their duties to consult with leaseholders under Section 20 of the Landlord and Tenant Act 1985 when planning to do qualifying works or enter into a qualifying long term agreements. On occasion, if it is not possible to fully comply with the…
Legal Article
07/07/20
COVID-19 has presented several organisational challenges over the last few months, a notable concern of many organisations is their business efficiency. Whilst the pandemic had posed several problems and challenges, it may offer opportunity for Registered Providers (RP) with the opportunity to reflect…
Legal Article
07/07/20
One of our clients Lancashire-headquartered Engineering & Fabrication company WEC Group have recently heeded the national call to arms from the government for manufacturers to assist the country's response to the current COVID-19 outbreak. They actively engaged with various stakeholders to…
Legal Article
06/07/20
There have been a number of seismic changes in the planning and housing market over the past few months. Local authorities, developers and property professionals look set to experience more changes in the near future too. COVID-19, CIL and the housing market The Community Infrastructure Levy…
Legal Article
06/07/20
It goes without saying that the last few months have been an incredibly challenging time for manufacturers, but it is encouraging to see the adaptability and resilience that many of our manufacturing clients have shown. The Senator Group are known for being great innovators so it came as no real…
Legal Article
06/07/20
In Hill v Lloyds Bank plc, the Employment Appeal Tribunal (EAT) upheld the Tribunal's decision that it would have been a reasonable adjustment for the employer to promise the employee that she would not be required to work with two colleagues identified in this case that had a negative impact on her…
Legal Article
06/07/20
Background Despite the ongoing upheaval that has been caused by Covid-19 and in particular the upheaval that this has caused for schools there are some things which continue on as normal. At Forbes Solicitors we are experienced in navigating the academy conversion or rebrokerage process and…
Legal Article
06/07/20
On 8 June 2020, the rules on travel changed, bringing in the obligation on individuals to provide details of their journey to the UK, contact details and where they will be staying. In addition, individuals travelling/ returning to the UK will be expected to self-isolate for 14 days upon arrival. This…
Legal Article
06/07/20
Guidance was issued on 2 July 2020 for a full reopening of schools, special schools and settings; early years and childcare providers; re-opening of Higher Education buildings and the Further Education sector. The guidance is quite detailed and varies slightly between settings. For most it will be…
Legal Article
03/07/20
The Court of Appeal has ruled that a landlord may serve a section 21 Notice for Possession even when they had failed to provide a Gas Safety Certificate to the tenant at the outset of the tenancy. What is a section 21 Notice? A Notice under section 21 of the Housing Act 1988 is a Notice for…
Legal Article
03/07/20
As we prepare for further measures to ease the current restrictions in place to curb the spread of the coronavirus, the government has confirmed that these restrictions are being eased with the support of the NHS' contact tracing system. In guidance published yesterday, the government confirmed…
Legal Article
03/07/20
There is undeniably a risk that COVID-19 will have a detrimental impact on the Construction Sector. It has recently been forecasted that the Construction industry will see over 10% of businesses failing in the next year. This will leave a trail of insolvent construction sector debt totalling £1.…
Legal Article
03/07/20
Coronablindness (Noun) "To become blind to previously obvious matters as a result of a temporary impairment of the mind caused by a global pandemic, mass lockdown and/or over-indulgence in alcoholic beverages during said periods". Usage "Sorry I forgot to put apply the…
Legal Article
02/07/20
Since working from home has become "the new norm", we've been asked to consider whether the use of digital transaction platforms and e-signatures is appropriate for executing deeds. In addition, whilst social distancing continues, can witnessing of signatures be done remotely? On 18…
Legal Article
02/07/20
In January, the first reading of The Small Business Commissioner and Late Payments etc Bill 2019-21 (the "Bill") took place in the House of Lords. In what would be a welcomed development for contractors in the construction sector, the Bill proposes wide-ranging reforms to current statutory…
Legal Article
02/07/20
Have you gone far enough in regards to your obligations under the Equality Act 2010? There is no doubt that over the last quarter of the year you have lost sleep wondering if your business will survive the worldwide pandemic brought on by the spread of covid-19. The Government recently announced…
Legal Article
02/07/20
On 26 March 2020, the Lord Chancellor and Master of the Rolls published the 117th Practice Direction update to the Civil Procedure Rules, which implemented Practice Direction 51Z. PD 51Z provided for the stay of possession proceedings due to COVID-19. Last month, the Court of Appeal confirmed the…
Legal Article
02/07/20
As you may be aware, a new handbook was released last week to be effective from 1 September 2020. Academy trusts must comply with this handbook as a condition of their funding agreements. The thought behind it is that managing your resources well will help you be accountable and enable you to get…
Legal Article
01/07/20
The Covid-19 pandemic has caused unprecedented action to be taken by governments across the world to ensure the health and safety of its citizens. Whilst the general nature of the steps taken is similar, each nation has taken a more or less extreme approach to its neighbour. In a global market with…
Legal Article
01/07/20
In the case of R (on the application of Maguire) v HM Senior Coroner for Blackpool & Fylde [2020] EWCA Civ 738, The Court of Appeal has ruled that the state's investigative obligations under Article 2 ECHR do not arise where someone lacking capacity and deprived of their liberty (who we will…
Legal Article
01/07/20
The Covid-19 crisis had led to extraordinary measures being taken by product manufacturers across the globe. In the UK, we have seen many businesses adapting production capability away from their usual products to help deal with the lack of supply of certain medical products and PPE. We are also…
Legal Article
01/07/20
As the COVID-19 pandemic continues to sweep across the country and beyond, businesses in the manufacturing sector have faced significant operational challenges. Whilst some businesses have closed down operations completely in response to falling demand and/or government guidance, others operating…
Legal Article
01/07/20
The end is now very much in sight for those who have been calling for reform to our fault-based divorce process. On 25 June 2020, the Divorce, Dissolution and Separation Bill received Royal Assent. Resolution have been campaigning for a modernisation to the law of divorce for decades and their…
Legal Article
30/06/20
The Administration of Intu who own both the Trafford Centre in Manchester and the Lakeside Centre in Essex, has come as a shock to many, not least of which are the retail tenants of the shopping centres who are already facing challenging and uncertain futures in their own right as a result of the Covid-…
Legal Article
30/06/20
The HSE has reminded us that the coronavirus outbreak has not changed an employer's duty to make sure people are not exposed to hazardous substances as part of their work and has issued guidance to employers specifically aimed at the outbreak. Personal protective equipment (PPE) protects the…
Legal Article
30/06/20
Air conditioning The risk of air conditioning spreading coronavirus (COVID-19) in the workplace is extremely low. You can continue using most types of air conditioning system as normal. But, if you use a centralised ventilations system that removes and circulates air to different rooms it is…
Legal Article
30/06/20
Under Article 97 of the General Data Protection Regulation (GDPR), the European Commission is obliged to report to the European Parliament and European Council on the evaluation and review of the GDPR. This review must be conducted 2 years after the date the GDPR was implemented (i.e. by 25 May 2020)…
Legal Article
30/06/20
Private landlords have certain obligations at the outset of a new tenancy to ensure that the property they are letting out meets certain safety requirements. Electrical safety checks have not formed part of these obligations until more recently, when the government announced the introduction of the…
Legal Article
29/06/20
The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 were introduced this April as an emergency response to the COVID-19 pandemic. Without parliamentary scrutiny or in-depth consultation, the changes were made with minimal consultation and without adherence to the usual 21-day notice…
Legal Article
29/06/20
Claims brought as a result of a claimant developing mesothelioma are often brought many years after the alleged exposure to asbestos due to the long latency period of the disease. It can be anything from 10 years to several decades after exposure before symptoms manifest themselves. As a result, they…
Legal Article
29/06/20
The Civil Justice Council has published its report following the review of the impact of the COVID-19 Pandemic on the Civil Justice System. The report notes the rapid expansion of the use of remote hearings, the fact that very few face to face hearings have taken place in April and May 2020, and the…
Legal Article
29/06/20
Two recent HSE prosecutions remind employers of their obligations to employees when working in potentially dangerous situations and of the fines and imprisonment that will follow if the HSE finds failings. Chelmsford Crown Court heard that in July 2017, a worker was seriously injured when roof…
Legal Article
29/06/20
Forbes recently represented a Local Authority in respect of multi-track case brought by a school boy who had suffered serious dental injuries when a door in a school corridor collided with his face. It was the claimant's case that a fellow pupil had accidentally pushed/kicked the door from the…
Legal Article
29/06/20
Despite this current heatwave, Forbes has defended a claim for personal injury following a slip on ice. We examine why the claimant discontinued the claim and what local authorities can do to be in a position to defend such claims. M v North Lincolnshire Council The claimant alleged that…
Legal Article
29/06/20
Forbes successfully acted for Calderdale Council to defend a case arising from an accident in January 2013 in which the driver of a commercial vehicle was injured. The circumstances of the accident were such that there was no issue on liability. The driver's claim was settled by insurers.…
Legal Article
29/06/20
In an important ruling for local authorities the Court of Appeal has overturned the High Court decision that for a path to be a highway maintainable at public expense it did not have to be constructed by a highway authority acting in its capacity as a highway authority. In Barlow v Wigan [2020]…
Legal Article
26/06/20
In line with the government's lockdown measures, on 24 March 2020 the UK Intellectual Property Office ("UKIPO") closed its offices, declaring that until otherwise notified, "interruption days" would apply to all of its day-to-day functions. This has seen ongoing trade mark,…
Legal Article
25/06/20
Following the long-awaited announcement that businesses in the hospitality sector can prepare to reopen from 4 July 2020, the government has published lengthy guidance to address safe working within the 'visitor economy' during coronavirus. In terms of what is meant by 'visitor economy…
Legal Article
25/06/20
Landlords are increasingly feeling the pinch at the moment when it comes to property. Due to the current pandemic tenants are seeking deferments in rent or are simply opting not to pay at all. Whilst many are in the position where they genuinely cannot pay the rent some are simply using the…
Legal Article
24/06/20
On 8 June 2020, the rules on travel changed, bringing in the obligation on individuals to provide details of their journey to the UK, contact details and where they will be staying. In addition, individuals travelling/ returning to the UK will be expected to self-isolate for 14 days upon arrival. This…
Forbes News
24/06/20
Leading law firm Forbes Solicitors has made 35 promotions as it continues to strengthen its commitment to people development and recognise outstanding client service. There have been seven promotions to Partner across a number of the firm's specialisms and offices throughout Lancashire and…
Legal Article
24/06/20
On 8 June 2020, the rules on travel changed, bringing in the obligation on individuals to provide details of their journey to the UK, contact details and where they will be staying. In addition, individuals travelling/ returning to the UK will be expected to self-isolate for 14 days upon arrival. This…
Legal Article
22/06/20
Vacant Building Credit (VBC) is a policy that entitles developers to a financial credit in relation to the affordable housing contribution. The calculation is set out in the Planning Practice Guidance as "the equivalent of the gross floorspace of any relevant vacant buildings being brought back…
Legal Article
19/06/20
Chief Coroner's Guidance No.38 Just a quick alert for all PiPs (Properly interested persons) currently awaiting Inquest Hearings presently placed "on hold" in light of the COVID-19 lockdown, that plans are afoot to get the hearings moving again. On 11 June 2020 HHJ Mark Lucraft…
Legal Article
19/06/20
The Covid restrictions have encouraged us to get out on our bicycles and walk. Cycle shops are reporting a significant increase in new purchases and the good weather has shown a significant increase in cycle and pedestrian traffic. During the initial days of lockdown, there were very few cars on…
Legal Article
18/06/20
General damages (injury award) This is unlikely to be affected. General damages are assessed in line with the Judicial Studies Board guidelines and on past case law. Loss of Earnings If there is going to be an economic downturn it could affect the sector in which the Claimant was working…
Legal Article
18/06/20
Susan Bond from Essex has successfully challenged her mother's Will which left her entire estate to her son, John. The testatrix was Jean Clitheroe, who died in September 2017 leaving an estate worth £325,000. Mrs Clitheroe said that she disinherited Susan because she believed that she…
Legal Article
18/06/20
Do you know what losses you are able to recover from the other side if they are in breach of contract? Do you know what losses you will be liable for if you are in breach of contract? Now more than ever you need to evaluate your existing contracts to see how exposed you are in terms of the…
Legal Article
16/06/20
We have previously reported on the various agreements in place between insurers/defendant representatives and claimant organisations to deal with claims and litigation issues arising out of the COVID-19 crisis. We can confirm that following a review last week the ABI has agreed an extension to…
Legal Article
16/06/20
Further to our previous article " Doctors Challenge the Government Over PPE ", the doctors have now issued a High Court Challenge against the Government. The Telegraph reports that the claim for judicial review has been lodged with the Court by the Doctors' Association UK, Hourglass (a…
Legal Article
15/06/20
Key points to note · FFS can be implemented from 1 July 2020. · 31 July is the last date that claims can be submitted for June 2020 - unless employees are returning from a period of statutory leave such as maternity, paternity etc. · A single claim is capped by the…
Legal Article
15/06/20
As lockdown begins to ease, more businesses are starting to open up in a bid to get back to 'normal' (or the new normal) but what does this mean for the NHS getting back to 'normal'? During the pandemic, the NHS understandably closed many services to protect both patients and staff…
Legal Article
12/06/20
On 29 May 2020, the Chancellor announced further updates to the Coronavirus Job Retention Scheme ("Scheme") which included a cut-off date of 30 June 2020 for new furlough applications. For further details of the updates announced last month, please see our briefing summarising the changes to…
Legal Article
11/06/20
Over 3,600 UK jobs have been claimed by the coronavirus pandemic, the Restaurant Group, which owns Frankie and Benny's, Monsoon Accessorize and Quiz have recently announced major restructures. Additionally, popular business names such as Debenhams, Rolls-Royce, British Airways and EasyJet have…
Legal Article
11/06/20
COVID-19 is having a huge impact on our daily lives as well as our businesses and, in particular, those who want to grant or take leases of commercial properties (including those who have already exchanged contracts on these types of transactions) are unquestionably anxious about the potential…
Legal Article
11/06/20
Vodafone Enterprise UK v Portsmouth Water Ltd (unreported) A recent unreported decision of the County Court has clarified the court's position in relation to the valuation to be used for the renewal of an existing electronic communications lease under the Landlord and Tenant Act 1954. The…
Legal Article
10/06/20
Selling a property at auction can provide a number of benefits including: · A quicker process than standard market selling; · The property can potentially reach an increased audience through the auction house's marketing, potentially resulting in greater buyer interest than…
Legal Article
10/06/20
The government is seeking to provide support to companies that may be facing financial difficulties by introducing new measures designed to maximise chance of survival. The Bill will temporarily suspend parts of insolvency law and amend Company Law and other legislation to relax rules around company…
Legal Article
10/06/20
Following the restrictions put in place by the government in an attempt to restrict the spread of Covid-19, many higher education institutions face funding difficulties due to the potential for many students to defer starting courses until the pandemic has passed. Many universities considered making…
Legal Article
10/06/20
The Coronavirus Job Retention Scheme was announced shortly after the government put restrictions in place in an attempt to contain spread of the virus. The scheme, aimed at preventing as many job loses as possible, allowing businesses to weather the storm with the least amount of damage as possible…
Legal Article
09/06/20
Quite a few Family Lawyers have recently been predicting that once the lockdown starts to ease that there will be a surge in applications for divorce. Certainly I believe that this is going to be the case. A lot of people have put their own relationship difficulties on hold, particularly given the…
Legal Article
08/06/20
The Coronavirus Act 2020 ('the Act') came into force on 25 March 2020 following a swift passage through Parliament. The Act contains numerous emergency powers to enable public bodies to respond to the Coronavirus pandemic. Schedule 29 to the Coronavirus Act 2020, named 'Residential…
Legal Article
08/06/20
On 24 May 2020, the Prime Minister announced the reopening of secondary schools from 15 June 2020 to year 10 and year 12 pupils and to plan on this basis. Yesterday evening, the Department for Education (DfE) published updated guidance and outlined expectations for mainstream and alternative…
Legal Article
03/06/20
As the government eases lockdown restrictions and shops and offices begin to re-open, tenants will naturally be considering what their landlords are doing to ensure that multi-let buildings are safe for them, their employees, customers and visitors to return to. Conversely, landlords will be…
Legal Article
02/06/20
The coronavirus pandemic has seen a surge in coronavirus-related scams. With fraudsters exploiting Covid-19 fears, now more than ever is the time to ensure that your property is adequately protected against property fraud. Property fraud can be committed on any type of property. However, the Land…
Legal Article
01/06/20
On 12 May 2020, the Chancellor announced that the CJRS (the Scheme) was extended until the end of October 2020, but that the Scheme would continue in the normal way up until 31 July 2020. The Chancellor proposed that from August 2020, employers would be required to share the proportion of the wage…
Legal Article
01/06/20
Despite the challenges faced as a result of the lockdown measures introduced on 23rd March, auction house Pugh have proven that it is still very much possible to buy and sell property even with social distancing measures in place. They have effectively moved all their auction room sales to online sales…
Legal Article
01/06/20
Section 1 (1) of the Fatal Accidents Act 1976 provides a right of action under statute that enables dependents of the deceased, who has died due to the wrongdoing of another, to recover damages. Of course, had death not ensued, the deceased must have been entitled to recover damages in respect of the…
Legal Article
01/06/20
For a Will to be valid, there are various conditions that must be met. These conditions include the Will being correctly executed by being signed and witnessed, but there are other factors to consider. The testator must have testamentary capacity at the time of execution and have knowledge and…
Legal Article
01/06/20
The coronavirus pandemic is presenting the housing sector with complex issues as urgent decisions need to be made by decision-makers. In these unprecedented times, RPs are exploring changes to the way in which decisions are taken to reduce the risk of infection while ensuring that executives, directors…
Legal Article
01/06/20
Whilst we are in the midst of a pandemic and the country is in lockdown, everyone has been advised to stay at home wherever possible. For many, this means that they are living and working from their homes. The majority of those asked would likely list access to gardens and open spaces as being crucial…
Legal Article
01/06/20
With the lockdown starting to ease and plans in place for how we can get back to normal, we need to be mindful that things will not be the same or 'business as usual' for quite some time. There is a lot to be considered in the near future and as for the construction sector in particular,…
Legal Article
01/06/20
As you all know by now the provisions of the Coronavirus Act 2020 came into force on 26 March 2020. Since this time all possession proceedings, and all proceedings seeking to enforce an order for possession have been stayed for 90 days with any new Notices of Seeking Possession and Section 21 Notices…
Legal Article
29/05/20
The High Court has considered the extent of the need for an organiser of an "enduro day", an off-road motorcycling event, to undertake risk assessments in relation to situations where there is an inherent and obvious risk of which the Claimant was aware. The case has wider implications for all…
Legal Article
29/05/20
The HSE website has reported that a relocation and refurbishment company has been fined after a worker was seriously injured when he fell from height. Luton Crown Court heard that on 5 September 2016, an engineer was testing a sprinkler system for leaks at a site in Hemel Hempstead. He climbed onto…
Legal Article
29/05/20
The Fatal Accidents Bereavement Award Has Been Increased For fatalities that occur on or after the 1 May 2020 the bereavement award under the Fatal; Accidents Act 1976 has increased from £12 980 to £15 120 in line with inflation since the last increase. There is no change for deaths…
Legal Article
29/05/20
Pahatouridis v Newcastle CC Forbes has successfully defended one of the last pre-QOCS cases. The Claimant allegedly fell on the highway in January 2013 prior to the introduction of The Legal Aid, Sentencing and Punishment of Offenders Act 2012 on 1st April 2013. The Claimant had a CFA/staged ATE…
Legal Article
29/05/20
S -v- Anon Ski & Snowboard Centre A Claimant who brought a claim for personal injury after falling and injuring his knee on a dry ski slope has lost his claim at trial and had his application for permission to appeal the judgment refused. The facts The Claimant alleged that he had…
Legal Article
29/05/20
In an attempt to contain the spread of coronavirus, schools were relatively suddenly closed on the 20th March 2020, save for children in priority groups. The government has now announced that as of the 1st of June there will be a staggered return of children to school. Whilst many Councils have said…
Legal Article
29/05/20
For fatalities that occur on or after the 1 May 2020 the bereavement award under the Fatal; Accidents Act 1976 has increased from £12 980 to £15 120 in line with inflation since the last increase. There is no change for deaths arising before that date. The award is a lump sum payable…
Legal Article
29/05/20
Brief facts The Claimant alleged he had suffered a Work Related Upper Limb Disorder (WRULD) in the form of Dupuytren's Contracture (flexion deformity) of his left little finger and Carpel Tunnel Syndrome. The Claimant's medical expert provided a causative link between both conditions and…
Legal Article
29/05/20
The coronavirus pandemic has raised questions about use of surveillance systems for tracking and tracing the spread of the virus and enforcing movement restrictions. Public authorities are considering their options to monitor social distancing measures in an attempt to reduce to the spread of the virus…
Legal Article
28/05/20
The current pandemic has caused a lot of uncertainty for business and lenders alike, although now there has been some recent positive coverage regarding the finances of registered providers of social housing (RPs). Fitch Ratings , who provide credit ratings, commentary and research, have reported…
Legal Article
27/05/20
The most obvious answer is to simply buy the property, as a company asset, from the company. But there is another option - to buy the company itself! Whilst this may not be the immediately obvious choice, there can be benefits to this - but each option needs to be considered on its merits. Here are some…
Legal Article
27/05/20
Although there has been a lot of talk about a no-fault divorce, spouses who have been separated for less than 2 years still have to "blame" the other. They must satisfy the court that the marriage has broken down irretrievably using either their spouse's adultery or their spouse's…
Legal Article
26/05/20
The use of social media by employers can be seen as a double-edged sword: if used correctly, it can be an invaluable tool and if mismanaged, it can potentially pose and result in significant reputational damage - in various ways. The latter was most recently illustrated on Sunday evening, when a…
Legal Article
26/05/20
The Court of Protection has recently been faced with this issue in the matter of BP v Surrey County council & RP [2020] EWCOP 17 . What Rights? It is undoubtedly widely accepted that the restrictions imposed by the Government on 23 March 2020 as a response to Covid-19 have had an impact…
Legal Article
22/05/20
The MOJ have recently released the Coroners statistics for 2019 for England & Wales on the 14th May 2020*. The statistics confirm: · The lowest level of deaths reported to coroners since 1998, at 210,912 · Of those 1,939 were reports of deaths that had occurred outside…
Legal Article
22/05/20
Every sector and business is faced with finding out what the new normal looks like and we are here to assist those in the Education sector through that process. To achieve this and help best protect yourselves, colleagues, pupils and everyone's families, we have developed a briefcase of useful…
Legal Article
22/05/20
The 25th May 2020 marks two years since the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 came into force in the UK. The change in law marked the biggest change in data protection law in 20 years and gave the regulator, the Information Commissioner's Office (ICO), the…
Legal Article
21/05/20
Across the UK, businesses from all sectors are facing an unprecedented challenge because of the Coronavirus pandemic, and despite the government's extensive support package for businesses, many are still struggling with the shortage of cash-flow. One major contributor to this will be unpaid invoices…
Legal Article
20/05/20
You will likely be aware that there has been legislation around the area of possession during the Covid 19 crisis. This article explains the issues around the catchily titled PD51Z, and the changes to the Housing Act. Under normal circumstances, to obtain possession of property from a residential tenant…
Legal Article
20/05/20
There has long been a 100% Inheritance tax (IHT) exemption for members of the armed forces who died in active service. In 2015 it was extended to cover "blue light" emergency services personnel responding to emergency situations. The IHT exemption has now been extended to most NHS and many…
Legal Article
20/05/20
In a statement released yesterday, 19 May 2020, easyJet revealed that the personal information of approximately 9 million customers was accessed in a highly sophisticated cyber-attack. The personal information accessed included e-mail addresses and travel details. Credit card details of 2,208 customers…
Legal Article
19/05/20
British Budget Airline Giant easyJet, has been the recent victim of a shocking data breach. A company investigation recently discovered the email addresses and travel details of around nine million customers have been accessed in the cyber- attack, acquiring the credit card details of more than 2,000…
Legal Article
19/05/20
An employee can be considered dismissed if they have resigned, with or without notice, in circumstances in which they are entitled to terminate their contract of employment without notice by reason of the employer's conduct. Under the well-established "last straw" doctrine, an…
Legal Article
19/05/20
The stresses upon and the challenges faced by Social Care in the current environment are multitude. The social restrictions created by lockdown, as well as the effect of the virus on staffing create a situation of unprecedented demand for services and intervention. This was anticipated by Government,…
Legal Article
18/05/20
Recent times have seen unpaid invoices increase by 23% since lockdown measures were announced by the UK Government, following an analysis of 26 million business to business invoices by AI platform provider, Sidetrade . The impact of COVID-19 is certainly a contributing factor to the increase, but…
Legal Article
18/05/20
An unveiling of a package of measures to kick-start the housing market during the current crisis will go a long way to help property developers and personal conveyancing clients of Forbes. The Ministry of Housing, Communities and Local Government has published measures to assist the market,…
Legal Article
18/05/20
The ICO has published 'Workplace Testing - Guidance for Employers' in order to assist employers considering introducing workplace testing in a bid to make workplaces safe in light of the coronavirus pandemic. The starting point is that as long as there is a good reason for doing so,…
Legal Article
15/05/20
Building , who provide information and intelligence to the construction industry, have reported that developers are calling for planning rules to be loosened due to the coronavirus pandemic, which could affect affordable housing. The London Property Alliance, real estate representatives, have…
Legal Article
14/05/20
Following the announcement made by Boris Johnson on Sunday, employers across the construction sector are being faced with the difficult task of determining what in practical terms a safe return to work looks like. The message is clear that construction should continue if it cannot be reasonably done…
Legal Article
14/05/20
Covid-19 has generated financial uncertainty across the economy. Consequently, tenants are more frequently approaching landlords to request rent reductions, rent free periods, and to alter rent payment dates in an attempt to share the financial risk and cashflow impact. The first part of this…
Legal Article
14/05/20
Is it possible to practice for world-class team performances by kicking a ball against a wall on your own? Here at Forbes Sports we have been sat around in our home offices anxiously awaiting arrival of news about what will happen with pretty much every sports season, event, or league which used to…
Legal Article
14/05/20
The working world is changing, and nobody knows how it will look next week, let alone in a few months. As we continue to work from home as much as possible, we have been thinking about how we have re-thought our work practices, adapted and welcomed the 'new normal'. The 'New Normal'…
Legal Article
14/05/20
The recent Court of Appeal decision in Borwick Development Solutions Ltd v Clear Water Fisheries Ltd [2020] EWCA Civ 578 addressed the thorny issue of whether rights in respect of fish contained in fishing lakes transfers upon sale of the property or whether they are in fact retained by the seller…
Legal Article
14/05/20
The Government has recently produced guidance regarding holiday entitlement and the pay during coronavirus. The guidance has perhaps come slightly later than most employers would have hoped but thankfully there are no real surprises and is primarily clarifying issues that were already known. In…
Legal Article
13/05/20
Recent Judicial Guidance and decisions from the Courts have made it clear that the cogs of justice are to continue turning and that hearings and trials are to continue wherever possible. This article will look at:: · Judicial Guidance; · Legislation; and · How this is…
Forbes News
11/05/20
David Mayor, a Partner in Forbes Solicitors' Insurance department, has become the new President of Blackburn Incorporated Law Association (BiLA). The Association exists to help local law practitioners and provides educational meetings and a range of support. It holds regular events and has…
Legal Article
11/05/20
How do you keep your workforce safe from a virus which has spread the globe on pandemic scales, leaving death and destruction in its wake? It is fair to say that last night's announcement has left those Britons desperately seeking respite from lockdown considerably underwhelmed but, now there…
Legal Article
11/05/20
Further to the article on the possible phased return of schools published in our e-newsletter, which you will have received last week, the following sets out the key developments to be aware of( https://www.forbessolicitors.co.uk/news/46969/27/preparing-for-the-return-of-staff-postlockdown ).…
Legal Article
11/05/20
In R (Tainton) v H.M. Coroner for Preston and West Lancashire (2016) 4 WLR 157 the court ruled that admitted failings in a prisoner's medical care should be recorded as part of the Record of Inquest (R.O.I.), even though they were found not to be causative of the prisoner's death. In…
Forbes News
06/05/20
Despite the unprecedented situation with Covid 19 and lockdown, the Education sector, in some respects, appears to be making the most of the situation. A series of legislative provisions have been introduced since the UK was hit by the pandemic, especially in relation to offers for primary school places…
Legal Article
06/05/20
The country has been enduring with a period of lockdown since the Prime Minister's announcement back on 23 March 2020 and now, a number weeks later the conversation in the media, government and amongst businesses and schools is turning towards a possible easing of restrictions and movement towards…
Legal Article
06/05/20
A recent Manchester case, which was determined in January 2020, by His Honour Judge Booth, and reported on the 27th April has underlined the importance of obtaining independent and expert Family Legal Advice before entering into a pre-nuptial agreement. In this particular case, the parties had a 6-…
Legal Article
05/05/20
The past 12 months have thrown up uncertainties in the structural defect insurance market, with the collapse of Danish insurance broker Alpha Insurance. This has had an impact in respect of both residential and commercial new build properties. In light of this, it is worth considering the repairing…
Legal Article
05/05/20
The Housing Secretary, Robert Jenrick, has yesterday revealed plans to the Housing, Communities and Local Government Select Committee to put a pre-action protocol in place when the eviction ban is lifted on 25 June 2020. Mr Jenrick confirmed that a decision would be made next month on whether the…
Legal Article
05/05/20
Last week, the High Court published a judgment where a school that sent a letter to parents regarding the disruptive behavioural issues of a disabled pupil, designed to reassure them that staff were able to deal with the behaviour appropriately, was liable for breaches of the Data Protection Act 1998,…
Legal Article
05/05/20
This is an addendum to our article " Registered Providers - are E-signatures a valid option as a contingency for COVID-19?" published 20 March 2020, particularly in respect of execution of transfer and other dispositionary deeds further to Land Registry's guidance published 04 May 2020…
Legal Article
04/05/20
Due to the current pandemic, we have noted an increase of instructions whereby businesses have been looking at alternative ways to boost their liquidity and as such, many businesses have been turning to litigation in an attempt to recover historic debts. Defendants to such claims should…
Legal Article
04/05/20
There have been changes to Family Law which have recently come in to force which include The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (SI 2020/445) effective from the 24th April 2020. They provide temporary changes to local authority duties in relation to children's services…
Legal Article
04/05/20
18 months ago, the President of the Family Division, Sir Andrew McFarlane raised grave concerns, stemming from the official figures and anecdotal evidence of advocates and judges, as to the growing disparity between the demand for secure accommodation places and the limited number available. Thus,…
Legal Article
04/05/20
An article published earlier today by the BBC highlights the difficulties for the Government and businesses in applying the emergency measures put in place to financially support individuals whose income and ability to work has been affected by Covid-19 restrictions. The article (which can be…
Legal Article
01/05/20
The European Court of Justice (ECJ) has ruled that a Yodel delivery driver, did not have 'worker' status, in accordance with the Working Time Directive. It remains now for the Employment Tribunal to make the final decision on this case. The case was to be heard by Watford Employment…
Legal Article
01/05/20
Exploring the potential for personal injury claims against an employer arising from the COVID-19 personal protective equipment (PPE) shortage. It is important to remember that these are unprecedented times and there has had to be a quick response by employers to an evolving and dangerous situation…
Legal Article
01/05/20
In October 2017 the government announced its intention to introduce a new policy to permit annual rent increases on both social rent and affordable rent properties. The policy would allow rent increases of up to the consumer price index (CPI) plus 1% from 2020 and would apply for at least 5 years. In…
Legal Article
01/05/20
We are seeing an increasing number of cases recently where tenants will not allow their landlord access to complete a gas safety inspection. Why? Because of Covid-19. Understandably, people are anxious about letting others into their homes during this scary time, but landlords must still comply…
Legal Article
01/05/20
Last month, the Regulator of Social Housing (RSH) wrote to all RPs and local authorities regarding its expectations and regulatory approach in response to the coronavirus pandemic. In its letter, the RSH confirmed that its shared priority across the sector was to maintain tenant safety. Subsequently…
Legal Article
30/04/20
The Lord Chief Justice, Master of the Rolls and President of the Family Division have issued a message giving guidance to Circuit and District Judges. In the message, the three acknowledge that the Courts have risen to the challenge of the lockdown in a "remarkable way". They commented…
Legal Article
30/04/20
Married doctors, Dr Meenal Viz (a clinical fellow) and Dr Nishant Joshi (a GP trainee), who are both employed by the NHS, have launched a legal challenge over the guidance by the government on personal protective equipment (PPE), as they say it has exposed them to Covid-19. The Guardian reports…
Legal Article
30/04/20
On Monday 27th April 2020, the government introduced new, non-statutory guidance advising Registered Housing Providers to only proceed with rehousing their customers (existing and new) if the move is deemed to be "essential" during the coronavirus pandemic. As with so many other aspects…
Legal Article
30/04/20
The unprecedented outbreak of COVID-19 has raised challenges for businesses across all sectors including agriculture. It would be an easy assumption to make that the increase in produce being purchased in supermarkets would offset losses elsewhere in the industry. It is however becoming clearer…
Legal Article
29/04/20
Further to our previous article, The Maternity Scandal published on 4th December 2019, The Independent has now reported that the number of cases under investigation has increased from around 600 to 1,170. Despite the Covid-19 pandemic, the review is continuing into the maternity care at the…
Legal Article
29/04/20
The provisions of the Coronavirus Act 2020 came into force on 26 March 2020. The following day, Practice Direction (PD) 51Z was introduced. This had the effect of staying all possession proceedings, and all proceedings seeking to enforce an order for possession, for 90 days. New possession claims can…
Legal Article
28/04/20
When a loved-one dies, it can feel like an overwhelming task to begin to put their affairs in order and to deal with the long list of administrative tasks that need to be completed. There will of course be the initial tasks of registering the death and arranging the funeral, but what happens next…
Legal Article
28/04/20
A few years ago, US Secretary of State Donald Rumsfeld, made a statement about unknown knowns and known unknowns, which is an example of the struggle of trying to articulate uncertainty into a decision-making process. In recent weeks, clients and property lawyers have been attempting to distinguish the…
Legal Article
28/04/20
The extra demand and pressure placed on the NHS because of the COVID-19 outbreak has led to emergency measures within the health service. Retired doctors have been called back into service, while final year medical students have started work early and in primary and secondary care, doctors are working…
Legal Article
27/04/20
In the midst of a global crisis, with the health of hundreds of thousands of people at risk, many losing their loved ones, job losses, business closures, families and friends separated for an uncertain amount of time, it is easy to feel overwhelmed by the seemingly endless negative aspects of the…
Legal Article
27/04/20
Anon v Tameside MBC The facts The Claimant alleged in April 2018 she was crossing the road to catch a bus when she tripped and fell in a defective drainage grid at the edge of the carriageway. The Claimant alleged that the accident was caused by the negligence of the Defendant and…
Legal Article
27/04/20
A Claimant has lost her claim at trial after the Judge found that the accident occurred because the Claimant misjudged the kerb. The facts In November 2015 at approximately 17.30 the Claimant alleged that she was stepping off the pavement onto the road when she tripped on an uneven surface…
Legal Article
27/04/20
W v Anon Housing Association and Anon Council The facts A Claimant brought a claim after allegedly tripping on a raised and loose flagstone on the pathway outside of her home address. The First Defendant housing association was the owner of the pathway and the Second Defendant local…
Legal Article
27/04/20
Anon v Wigan Council The facts The Claimant was walking along a road when she tripped and fell over a defect on the pavement in August 2015. It was alleged that she fell due to the presence of a lip/edge on the highway which had formed where an area of concrete abutted the adjacent paving…
Legal Article
27/04/20
CQC stops routine inspections during COVID-19 pandemic The Care Quality Commission (CQC) has announced that it has stopped routine inspections from Monday 16 March. It has confirmed that during the COVID-19 pandemic, "the CQC's primary objective will be to support providers to keep people…
Legal Article
27/04/20
Siu Lai Ho (Defendant/Appellant) v Seyi Adelekun (Claimant/Respondent) (2020) [2020] EWCA Civ 517 CA (Civ Div) (Sir Geoffrey Vos C, Newey LJ, Males LJ) 09/04/2020 (Lawtel) The facts The Claimant issued a personal injury claim under the RTA pre-action protocol. The Defendant denied liability…
Legal Article
27/04/20
On the 25th February 2020 Forbes reported that the Government advice for couples who were currently living in separate households should either move in together or stay apart during the coronavirus lockdown. This was confirmed by the UK's Deputy Chief Medical Officer, Jenny Harries who stated that…
Legal Article
24/04/20
In Part 2 of our Construction Disputes series, we explored tactics for managing delays in construction projects from the perspective of an Employer. We are currently experiencing unprecedented times with COVID-19 and the construction sector is experiencing significant disruption. Contractors are…
Legal Article
24/04/20
Contractors concerned that they could face delays or increased costs as a result of COVID-19 should consider whether they have any express entitlements to relief under their contract. This article will consider the possible entitlements under JCT and NEC standard form contracts. JCT Force…
Legal Article
24/04/20
The Government has issued new guidance on the requirements for Energy Performance Certificates (EPC) in property transactions. In all domestic and commercial property transactions, the seller is required to provide an EPC for the purchaser to review. The Certificate is to be prepared, following an…
Legal Article
23/04/20
The Court recently decided that unless a leasehold owner owns the whole of a house, they are not entitled to enfranchisement under the Leasehold Reform Act 1967 ("the Act"). Facts In this case, a number of leasehold tenants applied for enfranchisement, that is to purchase the…
Legal Article
23/04/20
The Lord Chancellor and Secretary of State for Justice, Robert Buckland has confirmed that the implementation of the whiplash reform programme will be pushed back until April 2021. In a written Ministerial Statement Robert Buckland announced that the government remains "firmly committed"…
Forbes News
22/04/20
On 17 April 2020, the Department for Education issued helpful guidance on circumstances where education providers may be able to access the government's Coronavirus Job Retention Scheme ("CJRS"). Previously, the government made it clear that where schools receive public funding for staff…
Legal Article
22/04/20
For businesses facing supply chain disruption, an important consideration is the potential impact on consumer rights. Consumer contracts (business to consumer) are subject to additional rules, mainly found in the Consumer Rights Act 2015 (CRA) and Consumer Contracts (Information, Cancellation and…
Legal Article
22/04/20
Divorce itself is very stressful. Emotional and financial pressure can take its toll but if you then throw into the mix the ongoing pandemic with all its uncertainties, this simply adds to stress levels. At the moment, whilst Solicitors are still taking instructions to commence divorce proceedings…
Legal Article
22/04/20
Following the announcement that the government has cancelled this summer's exams due to the coronavirus pandemic, the exam regulator, Ofqual, has launched a consultation on proposals to award pupils with a calculated grade. Ofqual proposes to award GCSE and A-Level grades by a combination of teacher…
Legal Article
21/04/20
Construction firm fined by HSE after worker suffers serious injuries in fall from height A construction firm has been fined £55,620 after a 17-year-old worker fell through an opening for a roof light. The roof light had been covered with a sheet of insulation and the area had been left…
Legal Article
21/04/20
Waste management company fined after banksman suffers crushing injury A waste management company has been fined £400,000 after an employee was crushed by a reversing 22.5 tonne shovel loader driven by an on-site contractor. The injured employee was acting as a banksman, assisting a lorry to…
Legal Article
21/04/20
A recent study has reported that in the three weeks between 23 March 2020 and 12 April 2020, 13 women and 3 children have been murdered at the hands of their partner, ex-partner or father. The current statistics show that this has more than doubled, from two victims murdered each week by their abusive…
Legal Article
20/04/20
When it comes to recovering debts sometimes getting a county court judgment is the easy part, but the difficulties arise getting the judgment money into your bank! Knowledge is key. Building a profile of your debtor allows you to consider the best way to enforce. What job do they do? Where do they…
Legal Article
20/04/20
Urban environments are becoming increasingly cramped at ground level with every square inch of space taken up. Yet these areas are becoming busier and busier requiring more space. What can't spread out, must therefore go up. But what does that mean for rights to light? In Beaumont Business…
Legal Article
17/04/20
Historically a rent charge on land has not been an issue on the sale of land or a property, even where it is not collected or demanded, and sellers have been able to deal with the issue in a few ways including: · Providing a receipt to confirm the payments are up to date. or…
Legal Article
16/04/20
The Upper Tribunal recently considered an Application to modify a restrictive covenant in Edgeware Road (2015) Ltd v Church Commissioners for England [2020] UKUP 104 (LC). Facts Edgeware Road (2015) Ltd (E) held a long lease over a multi floored premises on a large estate in London, and…
Legal Article
16/04/20
Yesterday, the ICO published a document which sets out how it will regulate data protection compliance during the coronavirus pandemic. The document should provide comfort to organisations facing staff and operations shortages and acute financial pressure, that the ICO will take a pragmatic and…
Legal Article
15/04/20
The government has released two publications regarding the Coronavirus Job Retention Scheme (CJRS) today. The headline is that the update extends the scheme to employees on PAYE on 19 March, as well as providing some additional guidance to employers. The key points include: · To…
Legal Article
15/04/20
Last month the Government announced the Coronavirus Business Interruption Loan Scheme (CBILS), with the aim of supporting SMEs who are experiencing lost or deferred revenues, leading to disruptions to their cashflow due to the Coronavirus pandemic. CBILS provides access to loans, overdrafts, invoice…
Legal Article
14/04/20
The first judgment to consider the implications of the Coronavirus Job Retention Scheme has been published after being heard in the High Court. The Court held that the administrators of Carluccio's, a well-known restaurant chain, are able to place employees on the furlough scheme irrespective of…
Legal Article
14/04/20
A new budget has brought new funding for landowners of high-rise buildings containing ACM and other unsafe cladding. This represents acknowledgment by the Government that in addition to ACM (cladding similar to that present at Grenfell Tower) there are other types of cladding which may be life-…
Legal Article
09/04/20
As a reminder there are several employment law changes that came into force on 6 April 2020 - we summarise these below. The Government's Good Work Plan · Written statement of terms: workers rather than just employees now have the right to a written statement of particulars, which…
Legal Article
09/04/20
With the current restrictions and social distancing measures in place, the way we conduct ourselves has had to adapt and the law is no different. The Civil Procedure Rules (CPR) which govern how civil matters are prepared and conducted, have been changed to give affect to a new way of doing things…
Legal Article
09/04/20
The challenging times in which we currently find ourselves is also affecting the property development and construction sector and many businesses are seeking assurances from funders, contractors, supply chains and professional support services. The number of developers and construction firms…
Legal Article
09/04/20
The ongoing COVID-19 pandemic is having an impact across all areas of our lives, including within the context of commercial property. The unprecedented and unpredictable nature of the situation also means that parties are having to make swift decisions in order to protect themselves in the long term.…
Legal Article
08/04/20
Following on from the recent article on COVID-19 Risk assessments , the Health & Safety Executive, have provided further guidance on the reporting requirements under 'The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013' (RIDDOR). A report should only be made…
Legal Article
08/04/20
We are currently navigating unchartered territories as practitioners grapple with the challenges of working from home and life under lockdown. It is inevitable that the way we conduct and defend insurance claims must change to adapt to the new situation we find ourselves in. Deadlines It…
Legal Article
08/04/20
Section 106 of the Town & Country Planning Act 1990 ("the Act") explicitly states that a planning obligation entered in accordance with the Act is enforceable against (a) the person entering into the obligation and (b) any person deriving title which may also include a mortgagee / funder…
Legal Article
08/04/20
Due to the COVID-19 outbreak, the NHS has 'paused' the investigation of some new and existing complaints. This is to let staff focus on patient care, as well as allowing complaints teams to provide vital support to the NHS and allow all healthcare providers in all sectors to concentrate their…
Forbes News
07/04/20
According to the Law Society demand for Wills will surge by up to 70% as the coronavirus takes hold. Ian Bond, Chair of the Law Society Wills and Equity Committee said: "Will-writing is one of those things on people's to-do lists that they never get around to doing, but the current coronavirus…
Legal Article
07/04/20
As Local Authorities face one of the biggest challenges in our lifetimes with regards to the provision of its services to the community and protection of the most vulnerable, the thought of what civil liabilities might be presented at the end of all this may not be at the forefront of minds for those…
Legal Article
07/04/20
Following on from the COVID-19 update about residential tenancies, the Coronavirus Act 2020 ("the Act") introduced on 25 March 2020 has also provided protections for commercial tenants in order to ease the burden this pandemic will have on businesses. Section 82 of the Act provides…
Legal Article
06/04/20
Businesses across all industries are facing enormous disruption and uncertainty due to COVID-19. It is becoming increasingly apparent that the current restrictions on commercial activity and individuals' rights of movement may be in place for several months. As a result, attention is turning to…
Legal Article
06/04/20
From today, 6 April 2020, the way we have always written our witness statements has changed. The most important change is to the statement of truth at the bottom of witness statements or any other document where a statement of truth is required. The new wording is as follows and must appear on all…
Legal Article
06/04/20
HMRC has, over the weekend, updated its guidance on the Coronavirus Job Retention Scheme (CJRS). The updated guidance has provided some clarity to previously uncertain areas and has also confirmed a number of issues that were otherwise assumed to be the case. It has however changed some of the…
Forbes News
06/04/20
In this unprecedented time, many of us have turned our focus to personal affairs. As well as having a valid Will in place, it is beneficial to have Lasting Powers of Attorney (LPAs) in place. Many people focus on their Will, however equal weight (if not more) should be given to Lasting Powers…
Legal Article
06/04/20
The Department for Education ("DfE") has published updated safeguarding guidance for schools, colleges and other education providers in light of the ongoing coronavirus (Covid-19) pandemic. The guidance is applicable to all schools, academies, independent schools, maintained nursery…
Legal Article
03/04/20
The current COVID-19 (coronavirus) pandemic has brought with it an air of uncertainty surrounding job security and the ability to make rental payments in this period. The introduction of the Coronavirus Act 2020 ("the Act") on 25 March 2020, has put some minds at ease and provided protections…
Legal Article
03/04/20
Hey you cool cats and kittens, its James Barron from Forbes Solicitors here to give you an update on what employment law issues you can take away from the Netflix sensation Tiger King: Murder, Mayhem and Madness. If you have not seen Tiger King it primarily follows Joe Exotic, the Tiger King…
Legal Article
03/04/20
In 2017 the High Court found that Morrisons were liable under the old Data Protection Regulations when an employee copied the personal data, including payroll data, of a large number of employees onto a USB stick. Took it home and uploaded it to a publicly-accessible file-sharing website. He was…
Legal Article
03/04/20
Last week, the Business Secretary announced temporary changes to insolvency law in order to protect businesses from the effects of the current COVID-19 (coronavirus) pandemic. The impending legislation will introduce a new moratorium for businesses and will suspend wrongful trading laws for the duration…
Legal Article
02/04/20
The Supreme Court has handed down two long awaited decisions: WM Morrison Supermarkets plc v Various Claimants and Barclays Bank plc v Various Claimants . Both Judgments deal with issues arising out of the concept of 'vicarious liability'. The Supreme Court has sought to narrow the…
Legal Article
02/04/20
The 1 April 2020 will mark a change in the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (MEES Regulations). This change will have a direct effect on landlords of residential properties with potential financial penalties and subsequent reputational damage. We will…
Legal Article
02/04/20
FOIL and APIL have agreed a set of best practices for their members to consider and adopt during the coronavirus outbreak. Full details can be found here , but in summary the following matters have been agreed: Telephone calls/Email Practitioners should engage by telephone and/or email…
Legal Article
01/04/20
With Government policy that construction sites should remain open during the coronavirus lockdown, a health and safety law expert believes it'd be wise for bosses to consider stopping operations to avoid needless risks and breaches of health and safety. David Mayor, Insurance Associate at…
Legal Article
01/04/20
Financial Markets don't like bad news and the current Coronavirus outbreak is unfortunately no exception to that rule. You'll no doubt be aware of the impact this is having on the economy and Stock Markets. Downturns are not unusual but are very unsettling and upsetting. In these situations…
Legal Article
01/04/20
The Supreme Court has today ruled in favour of Morrisons Supermarkets in relation to a large data breach claim, brought by a group of employees whose personal information had been posted online by a disgruntled employee. Data Breach Claim The employee, Andrew Skelton, was a member of Morrisons…
Legal Article
01/04/20
The current virus pandemic has resulted in the implementation of unprecedented changes and restrictions all over the world. All sections of society have been affected to varying degrees, and it is a confusing and challenging time for employers. Employers that have been obliged to close their business…
Legal Article
01/04/20
The HMCTS has published its listing priorities for civil work in the County Courts. Work has been split between priority 1 - work that must be done and priority 2 - work that could be done. Priority 1 - work that must be done · Committals · Freezing Orders ·…
Legal Article
01/04/20
With the unprecedented measures being put in place by the government to reduce the spread of the coronavirus pandemic, RPs are undoubtedly considering what action needs to be taken to make sure both tenants and staff are kept safe. The Regulator of Social Housing (RSH) wrote to RPs last week to…
Legal Article
31/03/20
The Bill is designed to provide the Government and the authorities with wide ranging powers to respond to the current health crisis. It will cover the following areas: · Workforce · Easing Pressure · Limiting Contact · Controlling Borders · Sick Pay…
Legal Article
31/03/20
Following the decision of the government to place the majority of the working population into lockdown, ordering that all non-essential employees work from home, the UK Intellectual Property Office ("UKIPO") has followed suit, and has closed its Cardiff Headquarters. Owing to the…
Legal Article
31/03/20
Following advice from the Prime Minister, the UK is in a state of lockdown which has left many families and couples feeling uncertain and has placed extra strain on their relationships and an increased financial burden. This only adds to the difficulty that many people already feel who are at risk of…
Legal Article
31/03/20
During these difficult times connecting with one another is so important for our well-being. Solicitor, Josh Burke, will appear on the first in a series of interactive webinars hosted by Edapt to help support those in the education sector through this difficult period. The webinars are to help…
Legal Article
31/03/20
The AGM season is well under way for many businesses, but recent restrictions on group gatherings, and the UK 'lockdown' as a result of COVID-19 is posing difficulties for meetings to be held as planned. Businesses may find themselves in a position where holding an AGM is no longer possible…
Forbes News
30/03/20
Award-winning law firm, Forbes Solicitors has entered an agreement to provide legal advice to Blackburn town centre BID members who are facing challenges as a result of the impact of the Coronavirus (COVID-19). Along with two other firms based in the region, Forbes will offer an initial free legal…
Legal Article
30/03/20
Long, long ago, our ancestors used to be able to do something that was known as 'Going on Holiday'. Historians now believe that this was a custom practiced by many, and involved crossing borders and staying in accommodation that was different from your usual home. These accommodations could…
Legal Article
27/03/20
The government have announced that workers who have not taken all of their statutory annual leave entitlement due to COVID-19 will now be able to carry it over into the next 2 leave years. This means that the: · Government are to amend regulations to allow annual leave to be carried…
Legal Article
27/03/20
Manchester Housing Association Mosscare St Vincent's have taken urgent legal action against a tenant who continued to flout the new government guidelines on social / physical distancing and hosted parties for up to twenty people. The behaviour of the tenant caused harassment, alarm and distress to…
Legal Article
27/03/20
As the country goes into lockdown, we are still waiting for formal guidance on how civil practitioners should proceed. These are without a doubt unprecedented times, so it comes as no surprise that we have experienced an inconsistent approach by the Courts. This week a Judge refused to do a full list of…
Legal Article
26/03/20
What is it? The Coronavirus Act 2020, which received Royal Assent on 25 March 2020 introduces the concept of an "emergency volunteer". The Prime Minister's address on 25 March 2020 praised the reaction of the British public after it was announced that in excess of 500,000 people…
Legal Article
26/03/20
COVID-19 is resulting in difficult times for apprentices, employers and providers of apprenticeship training, creating unprecedented and unique challenges to the usual quality and delivery of apprenticeships. The government is continuing to provide support and assistance, seeing the Education and Skills…
Legal Article
26/03/20
In these current exceptional circumstances, you may need to procure goods, services and works urgently. As you are probably already aware, authorities are permitted to do this using regulation 32(2)(c) under the Public Contract Regulations 2015. So, what can you do? Option 1 - Direct award due…
Legal Article
26/03/20
In response to the COVID-19 public health crisis, HMRC have now imposed measures to stop the spreading of the virus. HMRC have currently suspended the stamping of stock transfer forms along with the payment of stamp duty by post. Stock transfer forms should now be in the form of an electronic…
Legal Article
26/03/20
With the unprecedented measures being put in place by the government to reduce the spread of the coronavirus pandemic, RPs will be undoubtedly be considering the risks of contracts being unfulfilled. This global pandemic is having a huge impact on organisations of all sizes and is outside the…
Legal Article
26/03/20
In these testing times and in accordance with UK Government Guidance, staff are being asked to work from home where possible. The law society Gazette reports that both claimant and defendant lawyers alike should pursue a more consensual approach to litigation. The situation is evolving day by day…
Legal Article
25/03/20
The Senior Coroner of North Manchester has written to all stakeholders to confirm that due to the current COVID 19 situation they have taken the decision to adjourn all Inquest hearings from 4pm on Monday 23rd March 2020 until 1st September 2020. All cases listed between Monday 23rd March 2020…
Legal Article
25/03/20
The coronavirus outbreak has produced a lot of government action targeted at keeping infections down and that has in turn affected a lot of organisations, their contracts with each other and their plans for future procurement. For buyers subject to the Public Contracts Regulations 2015 (PCR) or the…
Legal Article
25/03/20
As we continue to navigate through these unprecedented times, the Government has now provided advice for couples that do not cohabit. In essence, the advice is that couples are banned from visiting and staying at each other's houses whilst the country remains in lock-down. The Prime Minister…
Legal Article
25/03/20
In light of such uncertain circumstances during this lockdown phase, naturally people are considering what would happen to their assets if the inevitable happens. Will drafters are facing unprecedented times; drafters are being overrun with requests for new Wills and updates to existing Wills. We are…
Legal Article
25/03/20
COVID-19 and frustration If a commercial contract does not contain a force majeure clause, or COVID-19 is not covered by such a clause, the legal doctrine of frustration may apply. Frustration operates to discharge the contract automatically and immediately where there is a significant change of…
Legal Article
24/03/20
Lord Chancellor and Secretary of State for Justice Robert Buckland has provided an update on the next steps for the Whiplash Reform Programme. As anticipated, he has confirmed that the Government has decided that more time is needed to make sure the Whiplash Reform Programme is ready for implementation…
Legal Article
24/03/20
Increase in Bereavement Award From 1st May 2020, Bereavement damages will be increased from £12,980 to £15,120. The Damages for Bereavement (Variation of Sum) (England and Wales) Order 2020 was laid before Parliament on 19th March 2020.The increase will apply to causes of action in…
Legal Article
24/03/20
Construction firm fined by HSE after worker suffers serious injuries in fall from height A construction firm has been fined £55,620 after a 17-year-old worker fell through an opening for a roof light. The roof light had been covered with a sheet of insulation and the area had been left…
Legal Article
24/03/20
Forbes has successfully defended two construction workplace claims for personal injury. We examine the facts of the cases, how the Judge made the decision and what lessons can be learnt. Successful Case 1 for a Construction & Infrastructure Company Plc (D2) The facts The Claimant was…
Legal Article
24/03/20
There is a huge amount of uncertainty facing people during these unprecedented times as the Coronavirus pandemic continues to spread and cause concern across the country and indeed worldwide. The knock-on effect to society and daily life is increasing day by day as more and more people are either…
Legal Article
24/03/20
Anon v Sunderland City Council The facts The Claimant alleged that he was involved in a road traffic accident in November 2016. The Claimant and his friend were riding their motorbikes along the road, when he claimed to have encountered a large and deep pothole in the road as he entered a…
Legal Article
24/03/20
Anon v Bury Council The facts The claimant alleged that he tripped and fell on defective footpath on the grass verge which was dropped by about 2 inches at the edge. He suffered from shock for four days, and a soft tissue injury to his ankle. The defendant admitted breach of statutory…
Forbes News
23/03/20
Coronavirus News Update As of 20 March 2020, the government has ordered all leisure facilities such as restaurants (unless they can offer takeaways), pubs, cafes, theatres, gyms to close. Large chain restaurants such as McDonalds, Costa Coffee and Nando's have taken the decision to close by the…
Legal Article
23/03/20
The Homes (Fitness for Human Habitation) Act 2018 ("the Act") came into force on 20 March 2019, amending the Landlord and Tenant Act 1985. The Act automatically applies to new tenancy agreements that are for a term of 7 years or less and applies to all periodic tenancies from 20 March 2020 (&…
Legal Article
20/03/20
Please note: This article was written prior to the Prime Minister's announcement of further civilian restrictions on the evening of 23.03.2020 and so does not take account of the effects of that announcement. Further updates will follow as soon as possible. The issue of Annual Gas Safety…
Legal Article
20/03/20
For all those working in Housing & Regeneration, COVID-19 poses a concern not only for personal safety of family, friends, colleagues and partners but also for keeping Development Programmes running and 'on-target' and meeting Homes England's March deadlines. We are working with our…
Forbes News
20/03/20
To date, due to the practical difficulties for employees in obtaining fit notes from their GP and delays in the system, employers have needed to take a pragmatic approach to the evidence requirements they require from their staff who are off sick or are in self-isolation. From a legal standpoint,…
Forbes News
20/03/20
In the wake of the pandemic virus and the current threat it poses on the workforce, many businesses have deployed remote working for the health and safety of their employees. This raises the issue of whether documents can be signed electronically to avoid meeting in person. Can I use an electronic…
Forbes News
20/03/20
With the UK supposedly not being far away from implementing a similar style of shutdown to what we are seeing in Italy in a further effort to slow the spread of coronavirus, now is the time to ensure that you receive payment of those outstanding invoices before it is too late. Whilst we have seen…
Legal Article
20/03/20
Despite current assertions that Courts are continuing to operate normally so far as possible, a family Judge imposed emergency measures in Berkshire and Oxfordshire on 17 March 2020 with a view to reducing the number of people required to attend hearings. Measures imposed HHJ Moradifar…
Legal Article
19/03/20
The coronavirus bill has implemented emergency laws to contain the spread of COVID-19. The legislation covers areas such as the NHS, social care, schools, police, border force, local councils, funerals and courts. Today, 19 March 2020, the government have published the Emergency Coronavirus Bill to…
Legal Article
19/03/20
The present circumstances On 18 March 2020, the Lord Chancellor affirmed that "the rule of law is vital to a functioning democracy and even at times like these, it is essential that our independent courts are able to administer justice." Whilst many public places have either been…
Legal Article
19/03/20
After much speculation the Government has confirmed that they ordering schools to close from Friday 20th March, until further notice. This announcement is unlikely to have come as much of a surprise to any school leaders and most schools will have contingency plans in place to ensure effective…
Legal Article
19/03/20
Leading family lawyer, Baroness Shackleton of Belgravia, has claimed in the House of Lords that she expects the Coronavirus to lead to a rise in people issuing divorce proceedings. Lady Shackleton went on to say that "the prediction amongst divorce lawyers is that following self-imposed…
Legal Article
19/03/20
It was reported on 17 March 2020 that the first court direction related to Coronavirus was handed down in a civil legal case. The direction displaced the normal rule for time extensions under the Civil Procedure Rules (CPR). The case O'Driscoll v F.I.V.E Bianchi has been listed for a five…
Legal Article
19/03/20
The ever changing circumstances and consequential advice relating to public health and COVID-19 may have adverse impacts on ongoing business transactions, in particular relating to warranties that are provided for in sale and purchase agreements. A warranty is typically provided by the seller to…
Legal Article
19/03/20
The Prime Minister has announced that the Government will introduce emergency legislation to protect residential tenants from eviction amid growing fears about ability to pay rent as a direct consequence of the economic effect of coronavirus and absence from work. In response to these concerns, the…
Legal Article
19/03/20
Bad cashflow remains the key risks to businesses. The Insolvency Service has recently reported that in 2019, underlying company insolvencies have escalated to their highest annual level since 2013. This increase has been driven by an increase in Administrations and Creditors' Voluntary…
Legal Article
18/03/20
The coronavirus outbreak has been labelled a pandemic by the World Health Organisation. This raises questions such as whether COVID-19 is a force majeure event and whether an organisation can be excused from its contractual obligations in the circumstances. Force majeure events refer to acts,…
Legal Article
18/03/20
This last week has perhaps been the most uncertain, worrying and troublesome time of recent generations for all business owners, however none more so that those within the leisure and tourism industry. With most major airlines facing the grounding of all flights, holiday companies facing mass…
Legal Article
18/03/20
Following recent Government advice, Companies House have announced further changes to their filing systems to help maintain their services to businesses. Typically every business must annually send accounts, confirmation statements and reports to Companies House. If a company's accounts are…
Legal Article
18/03/20
In response to the ongoing spread of COVID-19 the Government has announced that the roll out of IR35 to the private sector shall be delayed until the spring of 2021 On 17 March 2020 the Chief Secretary to the Treasury, Steve Barclay, announced to Parliament that "the government is postponing…
Forbes News
18/03/20
At Forbes Solicitors, we are keen to reassure clients that we have robust business continuity measures in place to protect and maintain service levels so we can continue to support our clients. The health and welfare of our colleagues and clients is paramount. We will continue to monitor the most…
Legal Article
18/03/20
With more alarming updates coming from the government daily, in these times of uncertainty, many businesses may be looking to their accountants for advice on how to best protect their assets. One thing that businesses can do is to look to restructure; setting up a holding company, undertaking a…
Legal Article
17/03/20
The ICO has today published guidance in an attempt to reassure organisations, particularly those working in the public sector, that it will demonstrate flexibility and pragmatism during this extraordinary period. In the guidance (available to view here) the ICO sets out its position on a number…
Legal Article
17/03/20
What does it mean to lay-off an employee? Essentially, laying off employees means that you will not provide them with any work and they will not receive pay for a reasonable period. However, they will still be retained as employees and will therefore still accrue holidays and preserve their…
Legal Article
17/03/20
On Monday 16th March 2020, the Government announced significant new measures in relation to the COVID-19 outbreak. In particular, there was a focus on social distancing and a recommendation that people should work from home wherever they can. Whilst at the time of writing, this is not a mandatory…
Legal Article
16/03/20
People are living longer and the need for long term care is now something which many people consider as part of their retirement planning. The 85+ age group is the fastest growing age group and is set to double between 2018 and 2041. The increased flexibility in pension provision means that people can…
Legal Article
13/03/20
Coronavirus and School Closures - What does this mean for school staff? As you will be aware, the Government has announced new measures to delay the spread of COVID-19, a new strain of coronavirus. Whilst the Prime Minister confirmed on 12 March that schools will not be required to close at…
Legal Article
13/03/20
In 2018, Ben Leonard, age 16, was on an arranged Scout trip. The group went up the Great Orme in Llandudno. Ben was with two other friends when they went on a different path and split off out of sight from the rest of the group. One leader was aware of this. Ben wandered around the cliff tops, he…
Legal Article
12/03/20
Mediation is a way to resolve clinical negligence and personal injury claims without the delays of a trial, cost, uncertainty and stress of going to court. It is increasingly used in clinical negligence cases to narrow the issues or resolve the case. With a trend towards this type of resolution…
Legal Article
12/03/20
So what happens if you serve or receive a possession notice that has an error in it. Does it deem the notice invalid? Or is the recipient expected to reasonably interpret the intended meaning, if it is relatively clear? This recent Court of Appeal case has re-enforced former case law and confirmed…
Legal Article
12/03/20
As specialist trust dispute solicitors, we are often instructed to advise trustees on their rights, duties and obligations in order to avoid disputes and prevent potential trustee liability. In this article we will review trustee duties in straight forward, simple terms. The trustees hold the legal…
Legal Article
11/03/20
The Independent Schools Council recently commissioned a report by Farrer & Co into the impact of historical child abuse cases and the lessons that can be learnt to increase awareness and inspire practice change to minimise risk to children in the future. The report titled "Child Sex Abuse in…
Legal Article
11/03/20
The Government recently announced the extension of the availability of the Risk Protection Arrangement ("RPA") to Local Authority Maintained Schools. The RPA is currently only available to Academy Trusts. It commenced in September 2014 on an opt-in basis as an alternative to commercial…
Legal Article
11/03/20
Coronavirus and Contracts Many of our manufacturing clients have suppliers in China or Italy and with the enforced lockdown in those areas due to Covid - 19 there is likely to be an impact more locally regardless of the effects of the virus here. Once the medical emergency is over there is likely…
Legal Article
10/03/20
When bringing a claim against an Estate for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975, the claim needs to be issued within 6 months of the date of the Grant of Probate, as detailed in Section 4 of the Act. If a claim is to be brought out of this…
Legal Article
10/03/20
Kevin Cowley v LW Carlisle & Co Ltd (2020)[2020] EWCA Civ 227 CA (Civ Div) (McCombe LJ, Holroyde LJ, Peter Jackson LJ) 25/02/2020 The facts The Claimant brought a claim for industrial deafness. He sought damages for noise induced hearing loss alleged to have been sustained in the course…
Legal Article
09/03/20
A fundamental part of any Will or Trust are the Executors and Trustees. Executors are responsible for the distribution and administration of the estate and it is a position of great trust and responsibility. Thankfully, Executors usually carry out their duties fairly and carefully, however there are…
Forbes News
06/03/20
Forbes Solicitors won Insurance Law Firm of the Year at last night's National Insurance Awards, which took place at a glittering ceremony at the Waldorf Hilton Hotel in London. Beating off tough competition in the category, the firm was recognised by insurance industry peers for its market-…
Forbes News
06/03/20
What is it and what precautions can be taken? A coronavirus is a type of virus. As a group, coronaviruses are common across the world. COVID-19 is a new strain of coronavirus first identified in Wuhan City, China in January 2020. The World Health Organisation has declared that this is a public…
Forbes News
06/03/20
A Virgin Media database containing the personal details of 900,000 people was left accessible online for 10 months.* Virgin Media has confirmed that the database has now been shut down but has admitted that the information was accessed "on at least one occasion" by an unknown user. They…
Legal Article
05/03/20
This article outlines popular exit strategies and highlights some of the important considerations that should be taken into account by owners to help facilitate a smooth deal and exit. There are several business exit strategies available to owners of a business looking to sell, which typically…
Legal Article
05/03/20
In a recent ruling, Mr Justice Moore awarded a woman compensation in the sum of £400,000 following the breakdown of her marriage. The couple were married for almost 10-years and had two children. When the parties met, she was a Cambridge University Graduate and a trainee solicitor at the same…
Legal Article
04/03/20
Fearn and others v The Board of Trustees of the Tate Gallery [2020] EWCA Civ 104. " Overwhelming weight of judicial authority…is that mere overlooking is not capable of giving rise to a cause of action in private nuisance " so say the Court of Appeal. What are the facts of the…
Forbes News
04/03/20
Leading law firm Forbes Solicitors has joined LawPact® - the international association of independent business law firms - as it expands its national and global reach. Having grown its team with 89 new appointments in 2019 and taken on the largest cohort of trainee solicitors to date, Forbes is…
Legal Article
02/03/20
G v Bolton Council The Claimant brought a claim for personal injury arising out of an accident on 4th January 2016. The Claimant alleged that he was crossing the road, when he fell due to a large pothole in the road and suffered an injury to his eyebrow. The Claimant was put to proof that…
Legal Article
02/03/20
S v Calderdale MBC The Claimant alleged she fell in a pothole and sustained an injury whilst walking along a lane/track, which led to open fields, parkland and residential houses. The track was unmade with a loose gravel/ stone surface. The Claimant alleged that the Defendant was in breach of…
Legal Article
02/03/20
The claimant alleged that he fell due to a depression on the footpath. He sustained an injury to his right arm. The claimant brought his claim pursuant to s.41 Highways Act 1980. The defendant conceded a breach of duty but put the claimant to proof that the accident had occurred as pleaded.…
Legal Article
02/03/20
The case of Deborah Jayne James (On her own behalf & in her capacity as Personal Representative of the Estate of Christopher James, Deceased) v White Lion Hotel (A Partnership) (2020) QBD (Bristol) (Judge Cotter QC) 09/01/2020 follows the trend of recent court judgments and stresses the importance…
Legal Article
02/03/20
On 13th January 2020 a new Pre-Action Protocol for Housing Conditions Cases came into effect. The Pre-Action Protocol for Housing Condition Cases replaces the existing Pre-Action Protocol for Housing Disrepair Cases. The new protocol has been amended following the introduction of the Homes (…
Legal Article
02/03/20
CQC fines nursing home provider for failure to provide safe care at nursing home It has been reported by the CQC that the Royal Masonic Benevolent Institution has been fined £50,000 plus legal costs, following an incident at a care home in which a resident sustained serious injuries. In…
Legal Article
02/03/20
Loqbox Savings Limited, who help people build up their credit score and save money on credit cards, loans and mortgages, has suffered a cyber-attack on their computer system on 20th February 2020. Although Loqbox reports that immediate steps were taken to protect their system, it still resulted in…
Legal Article
02/03/20
March is ovarian cancer awareness month and here at Forbes we understand the importance of early diagnosis. In the UK the five-year survival rate for ovarian cancer is below the European average. The common symptoms of ovarian cancer included on the NHS website are: · feeling…
Legal Article
28/02/20
There may be concern amongst education providers following the news earlier this week that a number of schools have closed over concerns relating to the Coronavirus (COVID-19). It appears that most of the closures relate to a specified threat, such as students and staff travelling to Northern Italy on…
Legal Article
27/02/20
There has recently been media coverage of a case before the Family Court in respect of the validity of a religious marriage, which had not been registered in England and Wales. The wife had applied for a divorce from her husband. They were married some 22 years ago in an Islamic marriage ceremony (…
Legal Article
27/02/20
In the changing landscape following the United Kingdom leaving the European Union, the Government this week announced a proposed shake up of the immigration system. The potential new rules are designed to urge employers away from relying on 'cheap labour' from Europe and invest in retaining…
Legal Article
27/02/20
The media attention surrounding the recent ruling of the Employment Tribunal in the case of Casamitjana Costa v. League Against Cruel Sports has generated an unprecedented level of interest in the apparent decision to offer protection from discrimination and harassment to vegans in the workplace.…
Legal Article
27/02/20
The Employment Appeal Tribunal ("EAT") recently utilised the findings in the Jhuti case to uphold a claim for unfair dismissal. In Jhuti, the Supreme Court found that where there is a hidden reason for a dismissal it will be held to be the reason for the dismissal irrespective of the fact that…
Legal Article
25/02/20
The Pensions Regulator has come under criticism lately following the BHS and Carillion scandals, and has recently announced that they would be 'upping their game' by becoming 'clearer, quicker and tougher'. The draft Pensions Schemes Bill currently making its way through Parliament would…
Forbes News
25/02/20
Craig Mackenzie, a Criminal Defence and Regulatory solicitor at Forbes, recently secured the acquittal of a defendant charged with assaulting a Duty Manager at Iceland stores. He argued during the trial that the actions of the Duty Manager who had detained the defendant as a suspected shoplifter…
Legal Article
25/02/20
A claim was recently brought to an end in which the sister and niece of Shirley Guymer (Deceased), alleged a Will executed two months before the Deceased passed away was invalid on one or more of the following grounds: · Lack of testamentary capacity · Want of knowledge and…
Forbes News
24/02/20
Protecting the health and welfare of colleagues and visitors to business premises is a priority considering the recent publicity surrounding coronavirus. This is of particular concern if as a business need you are required to travel to any of the affected regions. Employers will also need to…
Legal Article
20/02/20
Many people when setting up a company, do not realise that they are under certain obligations as to how to behave and act in relation to the management of private limited company. Furthermore, if a director has been found to be acting against the shareholders and/or the company, under certain…
Legal Article
18/02/20
A new External Wall Fire Review process has been agreed by The Royal Institute of Chartered Surveyors (RICS), The Building Societies Association (BSA) and UK Finance in relation to the valuation of high-rise buildings (above 18 metres or six storeys). The Government created a policy following the…
Legal Article
18/02/20
Although there is a general perception that HMRC forbids specific types of investments into Pension Schemes, in fact there is no comprehensive list of prohibited investments. Instead, HMRC imposes tax charges on certain types of investment as a deterrence mechanism, in particular on what is defined as &…
Legal Article
18/02/20
The Government has published more detailed plans to make the Office of Communications (Ofcom) the internet watchdog in light of increasing concerns about 'online harms' including cyber bullying, exploitation, terrorism, violence and illegal and damaging content. Online Harms Regulator…
Legal Article
17/02/20
The UK Government has increased the amount which a surviving spouse or civil partner is entitled to receive where a person dies intestate (without a valid will). The statutory legacy was £250,000; from the 6th February this was increased to £270,000. If someone dies intestate, the rules…
Legal Article
17/02/20
You may remember the headlines about Ian Paterson, the cancer surgeon, who treated thousands of patients and performed botched and unnecessary operations in NHS and private hospitals, as well as exaggerating or inventing cancer risks and claiming payments for more expensive procedures over a 14-year…
Legal Article
17/02/20
Brar v Thirunavukkrasu [2019] EWCA Civ 2032 What happened in this case? The landlord (Brar) let commercial retail premises to the tenant (Thirunavukkrasu) for a term of 21 years from 2013. The landlord had a right to forfeit if the rent went unpaid. The tenant fell into arrears and the…
Legal Article
13/02/20
Following on from our previous instalment, the fourth instalment in our series of practical guidance for Landlords continues with the topic of forfeiture, in particular unlawful forfeiture. Scenario: a commercial property is let out to a tenant under a commercial lease with the rent payable on…
Forbes News
13/02/20
Forbes Solicitors has appointed Rebecca Cowdy as an Associate Solicitor in its Dispute Resolution team. Rebecca, who will be based in Central Lancashire, deals with contractual disputes, debts and personal and corporate insolvency. She also specialises in enforcement work and costs applications…
Legal Article
13/02/20
When a local authority becomes aware of a serious risk to a vulnerable adult who has capacity but is reluctant to cooperate, a local authority has several options when considering how best to protect them. The Anti-social behaviour, Crime and Policing Act ('the 2014 Act') received royal assent…
Legal Article
12/02/20
Blackburn Incorporated Law Association's (BiLA) annual dinner took place at Ewood Park, the home of Blackburn Rovers, on Friday the 7th February 2020. The event brought together over 130 legal professionals from across the region. After the President John Myles a partner in Forbes Solicitors…
Legal Article
12/02/20
The Queen's eldest grandson Peter Philips and his Canadian wife Autumn have announced that they are separating after 12 years of marriage. The couple have two daughters together, namely Savannah (9) and Isla (7) and have stated that their decision is "the best course of action for their two…
Forbes News
11/02/20
If you are a Corrie fan, you will no doubt be gritting your teeth or screaming at the television every time Geoff Metcalfe's face appears on your screen. Whilst Coronation Street is usually praised for highlighting real life issues in their story lines, many viewers have admitted that the coercive/…
Legal Article
06/02/20
F v Anon Football Club A Claimant has had his claim dismissed after failing to prove the cause of his fall. The facts In January 2018 at approximately 6pm, the Claimant arrived at the football club to attend a board meeting. The Claimant being a director of the club, was a regular…
Legal Article
06/02/20
The Pre-action Protocol for Possession Claims by Social Landlords, commonly referred to as the Possession Protocol, sets out the procedure that social landlords and tenants must follow before commencing possession proceedings. The Possession Protocol applies to claims for possession of residential…
Legal Article
06/02/20
In February 2016, a teacher was stood in front of St Andrew's College in Cambridge when a delivery driver employed by St Andrew's Tutorial Services Ltd, failed to spot the teacher and reversed over her. The delivery driver only stopped his delivery vehicle after members of the public alerted him…
Legal Article
06/02/20
When defending a claim arising out of an accident in an educational setting one of the first questions a lawyer will ask is 'where is the risk assessment'? Thorough and detailed risk assessments which have been acted upon are instrumental in defending claims for personal injury. What should…
Legal Article
05/02/20
A bill has been submitted, by Lord Lexden of the Conservative Party, to the House of Lords which proposes amendments to the Inheritance Tax Act 1984. If the bill is successful, it will allow (in certain circumstances) for property to be transferred between siblings without attracting Inheritance Tax (…
Legal Article
04/02/20
The Court of Appeal ruled last month that it was not possible to make a Part 36 offer of settlement without including interest and that to do so would not be compliant with the Civil Procedure Rules. What happened in the case? Mr King had agreed to settle his claim against the City of London…
Legal Article
03/02/20
A latent defect may not become apparent for many years after practical completion. As a result of this time lapse, limitation becomes a live issue within many construction disputes. It is a central issue to be considered whether you are thinking of bringing a latent defect claim and is also a useful…
Legal Article
31/01/20
In October 2019, with the threat of a no deal Brexit looming, the Government extended the date by which the United Kingdom was to leave the European Union until 31 January 2020. This was to allow the UK to renegotiate (should such be necessary) and bring into law the Withdrawal Agreement. Following the…
Legal Article
31/01/20
As the UK prepares to leave the European Union on 31 January 2020, the Information Commissioner's Office (ICO) has released a statement confirming that it will be "business as usual for data protection" during the transition period. The Brexit transition period will run until the…
Forbes News
30/01/20
Leading legal firm Forbes Solicitors has become the first in Preston and Blackburn to offer a service acting for both parties in drawing up a financial consent order within divorce proceedings where both parties are in agreement, following a new High Court ruling. The new service follows a…
Legal Article
29/01/20
Upon entering into a tenancy agreement, there are certain requirements with which a private landlord must comply. However, the provision of an electrical safety certificate has fallen outside of these requirements, until now. What is an electrical safety certificate? The Electrical Safety…
Legal Article
28/01/20
There has been a number of recent news articles in relation to the NHS facing huge clinical negligence fees. The article on the BBC states that, through a Freedom of Information request, it has come to light that the NHS in England faces paying out £4.3billion in legal fees to settle outstanding…
Forbes News
27/01/20
The Civil Liability Act reforms are set to come into force on 6th April 2020 and will make changes to the personal injury claims process. Some of the changes are: Tariffs In an apparent response to the rise in fraudulent claims, tariffs will be introduced for some whiplash injuries from road…
Forbes News
23/01/20
Schools across the UK are being offered expert advice on overcoming the challenges of GDPR compliance, thanks to a new book from specialist information advisers at Forbes Solicitors. There has been an increased awareness of the implications of the General Data Protection Regulation (GDPR), the EU…
Legal Article
20/01/20
Anon v Conwy County Borough Council and Anor The Claimant was involved in an accident when cycling along a path in May 2016. The Claimant alleged that as he was cycling along the path his rear wheel went over a square hinged water utilities cover which caused the cover to flip open causing the rear…
Legal Article
20/01/20
Forbes has recently represented the interests of a local authority in an Inquest following the death of a man in a house fire in 2018. In a tragic accident, an elderly man died as the result of injuries caused in a house fire. Following his death an Inquest was arranged. Inquests are legal…
Legal Article
20/01/20
Scott v Ministry of Justice (2019) Sen Cts Costs Office (Deputy Master Friston) 05/12/2019 In this case, the Senior Courts Costs Office was asked to determine whether the Claimant's costs should be restricted to the fixed costs allowed under the EL/PL protocol. The Court was asked to consider…
Legal Article
20/01/20
The Claimant alleged that he had been playing football on an artificial pitch and had fallen on a concrete lip sustaining a personal injury to his knee. The pitch was owned by the local authority (the Second Defendant represented by Forbes Solicitors). The First Defendant rented the pitch from the…
Legal Article
20/01/20
Anon v Rochdale Borough Council The Claimant alleged that she was walking her grandchildren to school when she tripped and fell over a raised paving stone. She fractured her left shoulder and brought a claim for personal injuries against the local authority. The Defendant admitted breach of…
Legal Article
20/01/20
Parcel carrier fined after worker injured by reversing vehicle An employee was seriously injured when a forklift truck struck him in November 2017. It has been reported that as he was walking across the depot, a reversing forklift truck hit him. He was trapped under the vehicle and suffered serious…
Legal Article
20/01/20
As a New Year and decade begins, we have a brief look at what developments defendants and insurers are likely to see in 2020 and beyond. Extension to Fixed Recoverable costs Early in 2019, the Ministry of Justice launched a Consultation on extending Fixed Recoverable Costs in civil cases in…
Legal Article
20/01/20
Cornerstone Telecommunications Infrastructure Limited v Ashloch Limited, AP Wireless II (UK) Limited [2019] UKUT 338 (LC) The Court has provided guidance on the relationship between the Electronic Communications Code and the Landlord and Tenant Act 1954 in determining that an operator may not apply…
Legal Article
16/01/20
It has been reported in the papers today that I'm a Celebrity's Ant McPartlin has reached a divorce settlement with his estranged Wife, Lisa Armstrong, following a long and quite heavily publicised legal battle. The couple married in July 2006 and subsequently announced their plans to…
Legal Article
16/01/20
The Independent Inquiry into Child Sexual Abuse (IICSA) reported recently that many abuse survivors find the civil litigation process "baffling and hostile". Claimant lawyers reported that in "many if not all" cases Defendants routinely rely on the Limitation Defence. This was said…
Legal Article
16/01/20
In light of the Grenfell Tower tragedy in 2018, fire safety should be at the forefront of the minds of developers and home builders alike. Following the findings of an independent review being published in December 2019, housing developer Persimmon has been subjected to heavy criticism after a…
Forbes News
15/01/20
Leading legal firm Forbes Solicitors has opened a new 8,000sq ft office in Central Lancashire to cater for the growth of the business and increased demand for its services. The new premises, at Gordon House, Walton Summit, will be in addition to the firm's existing 6 offices in Lancashire and…
Legal Article
15/01/20
The past 12 months have thrown up uncertainties in the structural defect insurance market, with the collapse of Danish insurance broker Alpha Insurance. This has had an impact in respect of both residential and commercial new build properties. In light of this it is worth considering one aspect of…
Legal Article
13/01/20
April tends to be a busy and stressful time of the year for many businesses who have the end of their financial year around this time, multiple employees on annual leave over the Easter holidays, together with changes to make in line with new legislation - particularly in respect of your employees…
Forbes News
13/01/20
Jenny Burke, an Associate Solicitor in the Corporate team at Forbes Solicitors, has advised retail software provider Cloud Commerce Pro Ltd over the acquisition of ChannelGrabber Ltd, which has created a new global market leader in their sector. Cloud Commerce Pro Ltd and ChannelGrabber Ltd are the…
Legal Article
13/01/20
Bloodwise, the UK's leading blood cancers research charity, has analysed NHS data in England and found that 28% of patients diagnosed with blood cancers are done so via emergency admissions to hospital rather than via their GP, which is significantly higher than cancers on average, which is 19…
Legal Article
13/01/20
Construction projects involve the completion of a myriad of deeds, contracts and other documents. Project staff at sophisticated corporate clients are usually very experienced in the business not only of negotiating such contracts but arranging for their signature too. So, what is the value in retaining…
Legal Article
13/01/20
When negotiating commercial contracts, parties often become embroiled in extensive negotiations when it comes to each party's legal liability in the event that a breach of contract takes place. This is particularly apparent within the construction sector, which is largely owing to the affect that…
Legal Article
13/01/20
In Part 1 of our Construction Disputes series, we identified that delay and quality issues are often the biggest problems for construction projects and the cause of most disputes. Delay may increase both the time for performance of the contract and the cost of performance for both the Employer, the…
Legal Article
13/01/20
Construction litigation is costly, uncertain and high risk. It gets in the way of ongoing projects, places financial strain on contractors, and creates disruption in the timeframes of a build. Court Proceedings should be a last resort. Whereas the priority for all parties is to get the project…
Forbes News
10/01/20
A track record of dealing with multi-million pound claims for national and international clients has seen Forbes Solicitors' Contentious Trusts and Probate team double in size and grow to be one of the largest in the North of England in the last year. The team was set up in 2017 by Associate…
Legal Article
09/01/20
In May of last year Forbes reported on the Governments response to a Consultation that would radically change the current, out of date, divorce procedure (Read article here ). At the time of reporting the legislation was to be introduced "as soon as parliamentary time allowed". The…
Legal Article
08/01/20
Most people will now be aware from the newspapers, reporting every January, that there is now apparently a "Divorce Day". This is usually on or around the 7th or 8th January every year when the press reports that there will be a spike in Solicitors receiving enquiries from couples who are…
Legal Article
07/01/20
Relationships break down, and when they do parties may be looking at how they can navigate the separation amicably. One option is mediation. Medication has a long history in society. The assistance of an independent third party is the principle of mediation. The Government has increased its…
Legal Article
07/01/20
Over the last month we have seen the Information Commissioner's Office (ICO) give notice of its' intention to implement the first major fines under the new higher limits provided for under GDPR. British Airways Firstly, on 8th July British Airways (BA) was issued a notice by the ICO…
Legal Article
07/01/20
With the recent public furore over several instances of its implementation across the UK, it is a good time to look into how the real life application of facial recognition technology holds up against data protection legislation. From the use of facial recognition at King's Cross, to much public…
Legal Article
07/01/20
As covered in the May edition of this newsletter, criminal offences that can be committed under the Data Protection Act 2018 (DPA 2018) have serious, but often overlooked, potential impact. We examined the statutory changes; which offenses have been added, where old offences can be found in the new…
Legal Article
07/01/20
Of all the data subject rights that individuals are granted under the GDPR and Data Protection Act 2018, the ability to make a Subject Access Request (SAR) for their own personal data is very likely to be the most pertinent right that an organisation will come across. Here we shall look quickly at…
Legal Article
07/01/20
The Government are likely to face a number of claims for compensation following the leak of personal data into the public domain after 1,097 work and home addresses were published online, including those of celebrities, politicians, diplomats and senior police officers*. The General Data Protection…
Forbes News
06/01/20
Tuscan inspired Coffee Bar La Collina is set to open a new premises in Manchester's Northern Quarter in January 2020 after being advised over the leasing of the site by Forbes Solicitors. The new venture will be based on the ground floor in Fourways House on Tariff street, with artisan coffee…
Legal Article
06/01/20
On 17 December 2019, the Information Commissioner's Office (ICO) announced that it intended to fine Doorstep Dispensaree Limited ( Doorstep ) £275,000 for breaches of the General Data Protection Regulation ( GDPR ). Doorstep were reported to the ICO by the Medicines and Healthcare…
Legal Article
06/01/20
As the Christmas blues settle in on 1 January 2020 and we all reflect on the amount of food and drink consumed over the festive period, now is the time to take on the first challenge of 2020 in what has become widely known as 'Veganuary'. This is a challenge that entails eating an entirely plant…
