Legal Article
21/12/21
Is a tribunal entitled to strike out a response when, due to the Respondent's non-compliance, it is no longer possible to conduct a fair trial in the trial window? Yes, held the EAT in Emuemukoro v Croma Vigilant (Scotland) Ltd. The case confirmed the importance of following case management…
Legal Article
21/12/21
For Regulated Providers of Social Housing (RPs), development will always carry it a degree of risk. This is, however, usually mitigated by careful management and effective governance. The Regulator of Social Housing (the Regulator) recently published a Sector Risk Profile 2021 (the Report) outlining the…
Legal Article
17/12/21
The property market has been re-shaped since the outset of the Covid-19 pandemic. There has been an increase of property purchasers and sellers due to the Stamp Duty Land Tax (SDLT) holiday and house prices have risen. The UK's house prices increased by 13.2% at the start of this year to June 2021,…
Legal Article
14/12/21
Losing a baby from a still birth is of course a tragic situation to experience in any event. The negligence of medical staff may contribute and, in some cases, be the cause of the unfortunate and heartbreaking situation of losing a baby. A recent case has been settled for £2.8m compensation being…
Legal Article
14/12/21
Britain's pubs, shops, cafes, restaurants, small businesses are the beating heart of our economy, and it remains as a priority to protect and support businesses during these unprecedented times. In most cases, businesses have not been able to open and function as usual due to COVID-19 and therefore…
Legal Article
13/12/21
A Bill has been proposed by the House of Lords to amend the Road Traffic Act 1988 and the Road Traffic Offenders Act 1988 to create criminal offences relating to dangerous, careless, or inconsiderate cycling. In particular applying to a pedal cycle, an electrically assisted pedal cycle, and an electric…
Legal Article
07/12/21
In the case of Toombes v Mitchell , the High Court explained the correct interpretation of the Congenital Disabilities (Civil Liability) Act 1976 s.1 when determining whether a clinical negligence claim brought by a woman who was born disabled amounted to a "wrongful life" claim. In this…
Legal Article
06/12/21
With the World Health Organisation designating the Covid 19 variant B.1.529, named Omicron, a variant of concern on 26th November 2021 safety measures in relation to preventing the spread of this variant have begun to be implemented. Attention again turns to the world of work and the argument that Covid…
Legal Article
06/12/21
Introduction In the 2021 case of Criterion Buildings Ltd v McKinsey and Company Inc (UK) and another , the High Court had to determine whether landlords can decide how a service charge is proportioned across their commercial tenants. Facts McKinsey ('the Tenant') was one of the…
Legal Article
06/12/21
A claim for financial provision by an adult child under the IPFDA 1975 is often difficult. Living in necessitous circumstances is not sufficient to justify an award. An important consideration will be what obligations and responsibilities are owed to the adult child by the testator. Blood ties are not…
Legal Article
03/12/21
In the recent case of Glossop Cartons and Print Ltd v Contact (Print and Packaging) Ltd - which went to the Court of Appeal - it was held that a buyer seeking damages from a seller for fraudulent misrepresentation is still entitled to compensation despite agreeing a 'bad bargain'. The case…
Legal Article
01/12/21
In recent times there has been a rise in problems in GP surgeries, and these problems have been exacerbated because of the COVID-19 pandemic. These problems arise as a consequence of all-around pressures. These current pressures lead to GPs missing red flags when examining patients due to various…
Forbes News
30/11/21
Since 2018, Forbes Solicitors have been focusing upon the role of Registered Housing Providers when tackling organised crime in our neighbourhoods. We have worked closely with a number of Police Forces throughout the UK to raise awareness, gain an understanding of threat levels and operational…
Legal Article
29/11/21
NHS England recently published on November 24, the independent review into the urology department at the University Hospitals of Morecambe Bay NHS Foundation Trust which runs the Royal Barrow-in-Furness Infirmary, Westmorland General Hospital in Kendal and Furness General Hospital in Barrow-in-Furness…
Legal Article
26/11/21
Teamwork, experts, expertise, experience, and determination Closure, recognition of harm, apology and compensation are all motivators to pursue a legitimate claim. We are one of only 91 franchised firms nationwide that can offer public, LAA (Legal Aid Agency) funding to investigate a claim for…
Forbes News
24/11/21
Developers are still hoping that planning reforms on the horizon in England could still be good news. Early announcements suggested reforms would aim to streamline the current planning application process and introduce a zone system that would automatically grant development rights to some areas.…
Legal Article
23/11/21
On 11th November 2021, the amendment made to The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, to mandate vaccines for care home staff, came into force. The new legislation, which was passed by the government in July 2021, has given care home staff adequate time to comply and…
Legal Article
18/11/21
At first sight it would appear that the imposition of a compulsory retirement age which forces employees to retire when they reach a certain age is blatant age discrimination. However, an employer can avoid liability for such discrimination provided that it can demonstrate that its conduct in enforcing…
Legal Article
18/11/21
On 9 November 2021, the Supreme Court heard the appeal from the Court of Appeal from Harpur Trust v Brazel in order to deal with the question of whether a worker's right to paid annual leave is accumulated according to the working pattern of the worker and/or is pro-rated. Facts The…
Legal Article
18/11/21
The ICO has announced that it has fined HIV Scotland £10,000 for failing to implement an appropriate level of organisational and technical security to its internal email systems. The breach of data protection law involved an email sent to 105 recipients; the contents of such emails included…
Legal Article
17/11/21
The much-anticipated judgments in the appeals of HXA v Surrey CC [2021] EWHC 250 (QB) and YXA v Wolverhampton CC [2021] EWHC 1444 (QB), were finally handed down by Stacey J on 8th November 2021. In dismissing the Claimants' appeals, the striking out of the claims in negligence against Social…
Forbes News
16/11/21
Forbes Solicitors are delighted to announce that Lachlan McLean, Partner in the Housing & Regeneration (Litigation) team, has been appointed as a Fee-Paid Judge of the First-tier Tribunal, assigned to the Property Chamber. The First-tier Tribunal is a specialist division within HM Courts and…
Legal Article
12/11/21
The Supreme court have just handed down the long-awaited decision in Lloyd v Google. Mr Lloyd brought a claim for compensation under section 13 of the DPA 1998 for damage he claimed had been caused by Google unlawfully processing the personal data of Apple iPhone users in breach of the Act. He…
Legal Article
11/11/21
On 10 November 2021, the Supreme Court delivered its long-awaited judgment in the case of Lloyd v Google. The judgment will be welcomed by our clients and data controllers as it brings clarification to the rapid rise in claims being made for compensation following a data breach. However, whilst the…
Legal Article
05/11/21
The Times newspaper recently reported the unfortunate and tragic case of a young climber who was paralysed after his friend failed to keep hold of the belay rope as he was climbing up a wall at an indoor climbing centre. Fortunately, his friend was insured, either in his own right or through a…
Legal Article
05/11/21
Following the uncertainty of the pandemic as well as other factors such as Brexit, congested transport routes, rises in shipping costs, labour shortages and even climate change, UK builders have been exposed to a world-wide surge in demand for essential materials. Construction companies have revived…
Legal Article
05/11/21
In Blu-Sky Solutions Ltd v Be Caring Ltd [2021] EWHC 2619 a mobile phone supplier was not entitled to enforce a cancellation clause in its standard terms, since it was an overly onerous term which had not been fairly and reasonably drawn to the purchaser's attention before it had signed an order…
Forbes News
04/11/21
Forbes Solicitors has advised on the purchase of a renowned Blackburn restaurant property as part of a local entrepreneur's plans for investing £10million across Lancashire. The law firm's commercial property team supported the purchase of the land that's home to The Clog &…
Legal Article
01/11/21
Many people who bring a claim seeking an award of financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (IPFDA) live in necessitous circumstances and cannot afford to pay a lawyer to provide them with legal advice and assistance. Accordingly, they are often empowered…
Legal Article
29/10/21
In July 2020 to stimulate a post-lockdown housing market many people have taken advantage of the stamp duty holiday since it was introduced by the Government. The Government initially intended to end the stamp duty holiday at the end of March 2021 but made the decision to extend it further until 30…
Legal Article
29/10/21
The Healthcare Safety Investigation Branch HSIB have recently published an article about missed detection of lung cancer on chest x-rays. It reports that about 20% of lung cancers are missed resulting in a delay in diagnosis. Tragically lung cancer is often incurable. As with many cancers the…
Legal Article
27/10/21
The government are examining the case for the reform of litigation against the NHS , against the background of increasing costs and concerns that clinical negligence fails to do enough to encourage lessons being learnt and the promotion of future patient safety. AVMA have submitted evidence to the…
Legal Article
27/10/21
When the cause of death is unknown, the process to establish this is not always a straightforward one. In these circumstances, where the cause of death is unknown, an inquest can be conducted to ascertain the cause of death. In this article we explore the purpose of an inquest and how the evidence might…
Legal Article
26/10/21
As businesses tentatively begin to emerge from the pandemic thoughts may finally start to turn to future opportunities and challenges. It appears likely that the next major issue affecting the property world will be energy efficiency and environmental sustainability. With the increasing awareness of…
Legal Article
26/10/21
Every business will have information that it considers to be critical to its operations and success. For those in manufacturing this information is more delicate than other industries, as a key part of growth is core customers and supplier details. The business will want to prevent this…
Legal Article
26/10/21
At present, if you have been separated from your spouse for less than 2 years and wish to move forward with a divorce, you must satisfy the court that the marriage has broken down irretrievably based upon one of 2 facts. Your spouse has committed adultery, or they have acted in such a way that the court…
Legal Article
25/10/21
Data protection laws evolved substantially in 2018 with the implementation of the General Data Protection Regulation (GDPR). In this article we will explore the basic data protection principles, and things to consider when considering bringing a claim against an organisation for breaching data…
Legal Article
25/10/21
In an interview before the opening of his last outing as James Bond in No Time to Die, Daniel Craig revealed he plans on giving a lot of his money away rather than passing all of his money to his children - his philosophy being to "get rid of it or give it away before you go." Not a bad…
Legal Article
22/10/21
When a person dies as a result of clinical negligence there can be uncertainty as to how that claim for compensation/damages is continued. There remains an entitlement to a claim for the pain and suffering caused as a result of the negligence, and also any financial loss. In this article we explore…
Legal Article
22/10/21
The Law Society has recently puplished a review on Legal Aid. Worryingly the number of providers of civil legal aid has reduced in the last ten years. Even more worrying is that only 25% of the population are now eligible for legal aid. More people than ever before are representing themselves in…
Legal Article
21/10/21
Decisions made by trustees often become acrimonious and can even evolve into claims for breach of trust and for the removal of the trustees. Fixed Interest Trusts The trustees of a fixed interest trust do not have a discretion about who to benefit, how much or when. The beneficiaries have a…
Forbes News
20/10/21
Schools, colleges and universities can have a variety of visa types amongst students and staff. If a teaching organisation holds a licence to sponsor students and workers, it is required to adhere to the strict rules to maintain its licences. Inspections and audits are resuming and therefore organisations…
Forbes News
19/10/21
An improved approach to flexible working is a key part of the Government's aim to 'build back better' from the pandemic, and as such a consultation has been launched which sets out a number of proposals in respect of flexible working, in all its forms. These are built around the principle…
Legal Article
18/10/21
Rightly or wrongly, we're all coming to terms with the normality of goods shortages, and more recently due to lack of HGV drivers arising out of Covid and compounded by Brexit. We've heard of a number of businesses which have either had to close due to these shortages or default on supply and…
Legal Article
18/10/21
The past few months have seen billions of pounds exchanged in deals involving some of the biggest and best-known businesses in the North West, including the likes of Sony Interactive Entertainment, Matillion, Boohoo, THG, Manchester United and Liverpool FC. Alongside these tech/retail/sports titans,…
Legal Article
18/10/21
There are inevitably various matters in which neighbours can have disputes about. The most recent case of Fairhurst v Woodard demonstrates that the installation of a smart doorbell camera at your home could potentially breach data protection laws. Key Points Summary In this case, the County…
Legal Article
13/10/21
What can happen if you ask an employee to work extra hours where it would breach the Working Time Regulations 1998 (WTR)? Would an employee need to work the shift proposed in order to claim automatic unfair dismissal? These issues were discussed in the recent case of Simoes v De Sede UK Ltd.…
Forbes News
08/10/21
Every ten minutes a woman is diagnosed with breast cancer in the UK. It is important especially now to check your breasts. For months, the coronavirus put many areas of breast cancer on pause. Almost one million women in UK have missed vital breast screening due to COVID-19. Although the risk is smaller…
Legal Article
07/10/21
Forbes successfully defended a claim arising out of an alleged tripping accident and obtained a finding of fundamental dishonesty despite the judge finding that the claimant's witnesses did not "present as dishonest". However, he found that the claimant did seek to mislead the court, and…
Legal Article
07/10/21
In what was a strange day, and in circumstances that could only happen with a remote trial, a claimant has avoided fundamental dishonesty finding against her by what our local authority client's barrister described as "the skin of her teeth". Ms Head claimed to have tripped on an…
Legal Article
07/10/21
We acted for Gwynedd Council in a claim brought by Mrs Berry. She and her husband were on a day trip to Criccieth. They decided to walk towards a breakwater, which is a large concrete structure and can be accessed by a concrete path as shown in the following photograph. Its purpose is to protect the…
Legal Article
07/10/21
The Master of the Rolls, Sir Geoffrey Vos, has confirmed that from the 1 October 2021 new guideline hourly rates recommended by the review undertaken by the Civil Justice Council (CJC) published in April 2021 , will come into use in the civil courts. It is expected that there will be a further review…
Legal Article
07/10/21
We have long been waiting for the Government's response to their Consultation on the extension of FRC in civil cases in England and Wales, following Sir Rupert Jackson's 2017 recommendations. He and the Government have expressed their desire to expand the application of FRC in order to control…
Legal Article
05/10/21
On 23 April 2021 the Domestic Abuse Bill 2019/21 received royal assent . Within that, the definition of domestic abuse has been defined to go beyond physical and sexual abuse to include economic abuse and coercive and controlling behaviour. The Act also recognises children as victims if they see, hear…
Legal Article
05/10/21
Disputes between businesses do sometimes arise and if all attempts to come to an agreement or compromise are unsuccessful, commercial litigation may be something that you wish to proceed with. This can be a complex area of law, and strict protocols must be followed, so this guide aims to outline the key…
Legal Article
01/10/21
One of the key elements of defamation is the publication of statements complained of. However, depending on the nature, extent and the audience of such a publication may pose problems for a claimant to bring a claim for defamation. Continuing on from the recent article in relation to the statutory…
Legal Article
01/10/21
If you have lost a loved one and are considering making a claim for dependency, there are various legal requirements that set out the basis of being able to make such a claim, and what compensation is available if you are an eligible dependent. We will explore this further in this article. Criteria…
Legal Article
30/09/21
The Land Registry (HMLR) is to pilot the use of qualified electronic signatures (QES) that does not need to be witnessed. If successful, it is set to be a real gamechanger in the property market. The move comes just over a year after HMLR allowed deeds to be signed electronically to be registered…
Legal Article
30/09/21
The Charter for Social Housing Residents: Social Housing White Paper was published on 17 November 2020 announcing a review of the Decent Homes Standard. Part 1 of the review of the definition is to conclude in Autumn 2021; if it is found that a change should be implemented, Part 2 will run from Autumn…
Legal Article
29/09/21
We often have clients wanting to have "custody of their children". This terminology is American and is probably adopted from Hollywood movies. The UK terminology used to be residence and contact; however, the courts have moved away from this. Out of fairness the terminology now refers to a &…
Legal Article
28/09/21
The Government has announced that temporary work visas for 5,000 HGV drivers and 5,500 poultry workers will be made available from October, in order to ease growing demand on the run up to Christmas. This means that workers will be eligible to come to the UK on a temporary basis in a bid to boost…
Legal Article
28/09/21
The new 'statement of changes' published by the Home Office on 10 September 2021 contains several modifications including rebranding the T5 (Temporary Worker) Youth Mobility Scheme to the simplified Youth Mobility Scheme. The most significant change regarding the Youth Mobility Scheme (YMS) is…
Legal Article
28/09/21
In the recent matter of Tattersalls Limited v McMahon, the High Court examined the application of both agency law and the Companies Act 2006 (CA 2006) with regard to the potential liability of a company director. Background Douglas McMahon (the Defendant) was a co-founder of Bluecrest…
Legal Article
27/09/21
On a construction or engineering project, a collateral warranty is a contract between a person with an interest in the project (other than the client or employer) and a person who is involved in the project's design, management or construction. In the previous case of Parkwood Leisure Ltd v…
Legal Article
27/09/21
Lancs Live recently reported on an incident involving a primary school pupil being hit by a car outside St James Primary school in Skelmersdale. "The seven-year-old stepped out on the busy 30mph road and was hit by a car pulling out. The girl was reportedly thrown up into the air and…
Legal Article
24/09/21
Lancs live reported this week that 'Margaret Appleton, 75, fell down on a footpath near to Essington Road in Skelmersdale on Saturday morning on her way to Tanhouse. The footpaths were branded by one local as 'treacherous' all over the town and is calling on the council to sort out the…
Forbes News
24/09/21
On 07 September 2021, the Information Commissioner's Office published an enforcement notice against First Choice Selection Services Ltd for failing to comply with a subject access request made during the course of employment tribunal proceedings. Background An individual originally…
Legal Article
23/09/21
What is mediation? Mediation is a highly effective form of Alternative Dispute Resolution (ADR) during which parties involved in litigation or other disputes can negotiate with each other with the assistance of an independent mediator. The aim of a mediation is to reach a binding legal…
Legal Article
23/09/21
The Covid 19 pandemic has led to an increase in homeworking. For this reason, many families have taken to expanding their families with pets as they've been more readily available to spend time with them and look after them. This has often been a conscious decision to also help with stress and well-…
Legal Article
22/09/21
The Independent recently reported on a case involving a 54-year-old taking part in a Bear Grylls survival race. The claimant fell and suffered serious injuries to her leg and shoulder whilst using an elevated monkey ring obstacle. The defendants designed the course and managed the race. They…
Legal Article
21/09/21
This article explores the recent case of Blackpool Football Club Ltd v DSN [2021] EWCA Civ 1352 which in which the claimant sought to expand further the way in which a defendant can be found to be vicariously liable for the actions of non employees. The claimant brought an action in the High Court…
Legal Article
21/09/21
This week is National Eye Health Week which looks at how important it is to protect our eyesight. Looking after our eyes is vital, especially during the childhood years, while the organs are still developing. Myopia, also known as short-sightedness, is thought to affect one in three people in the UK and…
Forbes News
21/09/21
Tackling Cannabis Use in Residential Properties Roundtable Event On Wednesday 15th September 2021, almost 650 delegates from Housing, Police, Local Authorities and other agencies across the UK attended a roundtable discussion to explore a range of approaches for responding to the issue of cannabis…
Forbes News
21/09/21
The housing and regeneration team at Forbes Solicitors is expanding its team across the North West as performance exceeds pre-pandemic levels. Having recruited six new team members since March 2020 to take its total headcount to 48 professionals, the team is now in the process of adding another 15…
Legal Article
17/09/21
When you lose a loved one it has significant implications emotionally, practically and financially. If a third party has negligently caused the death, the law makes for provision for certain categories of claimant to seek compensation. In this article we will explore financial dependency in a…
Legal Article
15/09/21
On Monday 5 July 2021, information relating to the Building Safety Bill was published including various supporting and explanatory documents and some draft regulations. The Bill, once passed, will introduce new and enhanced regulatory regimes for building safety in England and Wales and for construction…
Legal Article
15/09/21
Owning a company on your own is great, it means you have ultimate control over any decision which the company makes, without having to consider what anyone else thinks. However, as soon as a company is owned by more than one person, things become a little more complicated. The more shareholders of a…
Legal Article
15/09/21
No legal requirement currently exists for workers to be vaccinated, with the exemption of care workers. Many businesses, however, are considering introducing vaccination requirements, despite the fact that, in the absence of any legislation making vaccinations compulsory, any such policies could well be…
Legal Article
15/09/21
A significant number of EU workers from the UK have left the construction industry leading to those in the industry facing a substantial shortage of workers in some specialist trades. In addition to this, more than 500,000 UK-born construction workers are expected to retire in the next 10 to 15 years…
Legal Article
15/09/21
In Spring this year the government announced it aimed to increase the number of self and custom build homes (CSB), establishing self-building as a mainstream option. The so called "Help to Build" scheme could deliver 30,000 to 40,000 of the target 300,000 nationally required homes each year,…
Legal Article
15/09/21
Due to the evolution of the Court system and the increase of internet resources, Court documents and information are generally more accessible to individuals who may wish to make a claim. It is therefore easier for a person who feels that they have been wronged to make a civil claim against those they…
Legal Article
15/09/21
Part 4 of our grounds for possession series considers ground 4 - Lets to students by educational institutions. What is the Ground 4 - Let to students by educational institutions? This ground allows educational establishments- such as universities- who let out properties to students, to be able…
Forbes News
14/09/21
Some of you may have seen or heard of a new campaign driven by Lawyers for Liberty, a non politically affiliated organisation with a human rights agenda. Generic letters have been circulating to a number of Headteachers threatening legal action against Schools who they believe are; '…
Legal Article
14/09/21
The government has confirmed that notice periods for evictions will be returning to pre-pandemic notice periods as of the 1st October 2021. This also comes with a warning that it could be curtailed should the pandemic worsen again. This means landlords giving notice of their intention to evict via…
Legal Article
14/09/21
The Court of Appeal has recently considered whether the failure to offer an employee an appeal on a redundancy scenario makes any dismissal unfair in the case of Gwynedd Council v Barratt and anor. Facts The two claimants were PE teachers at a community secondary school. In May 2015, the…
Legal Article
13/09/21
It has been announced that UK firms will have an additional year to apply new post-Brexit product safety marking rules. While many firms have been using the new UK conformity assessed (UKCA) markings since 1 January 2021, companies had previously faced a 1 January 2022 deadline to switch from…
Legal Article
13/09/21
World Sepsis Day is held on September 13th every year and is an opportunity for people to raise awareness about sepsis. Sepsis accounts for at least 11 million deaths worldwide annually. What is sepsis? Sepsis is sometimes called septicaemia or blood poisoning. It happens when your immune…
Legal Article
10/09/21
On the 10th of September the Times reported on concerns raised about the deaths of six patients seen remotely by GPs during the pandemic. The reported issues included suicide, a broken leg, COVID-19 and a drug overdose. Alison Mutch, Senior Coroner for Greater Manchester highlighted five prevention…
Forbes News
10/09/21
There were 5,691 suicides in England and Wales in 2019, which is 321 more than 2018. The rate for females under 25 has increased by 93.8% since 2012, to its highest level in 2019. Men aged 45-49 and women aged 50-54 had the highest suicide rate in England and Wales. There are many factors which…
Legal Article
07/09/21
Following concerns across the Education sector, on Friday 20 August, the Government announced that schools will receive up to 300,000 CO2 monitors to assess air flow and in particular, stale air around school buildings, backed by a £25 million Government investment. This appears to have been…
Legal Article
06/09/21
What is the Ground 3 - Out of Season holiday let? The purpose of having this ground is for landlords who switch between genuine holiday lets and standard residential let's, although you need to bear in mind that the residential let should be for no more than 8 months long. If you have a…
Forbes News
03/09/21
In March 2020 when the pandemic first took hold, the Home Office introduced temporary measures which allowed employers to conduct right to work checks remotely during lockdown when employers could not meet new employees face-to-face. Since then, the measures have been extended several times but…
Forbes News
31/08/21
The importance of complying with time-bar provisions cannot be overstated and the recent decision made in Arab Lawyers Network Company Ltd v Thomson Reuters (Professional) UK Ltd [2021] EWHC 1728 (Comm) makes clear. The decision within this case, highlights the importance of considering the effect of…
Forbes News
31/08/21
What is the Ground 2 - Repossession by Lender (prior notice ground)? Ground 2 of Schedule 2 of the Housing Act 1988 sets out that a mortgage lender has the right to possession of a mortgaged property, and that this can happen even if there has been no default by the mortgagor. A ground 2…
Forbes News
25/08/21
Clinical negligence is when healthcare professionals physically or mentally hurt you due to the standard of health care they have given you. Clinical negligence is proved using a 3-part test. The test looks at: · that the doctor owed a duty of care to the patient, · that…
Legal Article
24/08/21
The Courts have recently reached a decision in relation to deposits taken in flat share situations where tenants change over time, but no additional deposits are paid to the landlord. Sturgiss & Gupta v Boddy & Ors- facts The landlord, Mr Boddy, rented out a property in 2004 to 4…
Legal Article
24/08/21
The Technology and Construction Court (TCC) have, in Eco World - Ballymore Embassy Gardens Co Ltd v Dobler UK Ltd, recently held that a liquidated damages clause was neither void nor unenforceable as a result of a contract permitting the partial take over by the employer without a mechanism for reducing…
Legal Article
24/08/21
Section 123 of the Equality Act 2010 deals with the relevant time limits for discrimination claims under the Equality Act. This essentially gives a three month time frame within which relevant claims must be raised with the important caveat that conduct extending over a period is to be treated as done…
Legal Article
23/08/21
Over the course of the next few weeks, we will be looking at the grounds on which a residential landlord can rely on to take possession of their property back. Where do the grounds come from? There are 2 types of possession: via s8 of the Housing Act 1988 and via s21 of the Housing Act 1988.…
Forbes News
20/08/21
The High Court have recently handed down a judgment in the case of Warren v DSG retail who operate as Dixons. The claim arose after they suffered a cyberattack where hackers obtained the personal information of thousands of customers, one of whom was Mr Warren. He brought a claim against them after…
Legal Article
18/08/21
The planning laws are there to monitor what can and can't be built in certain areas to keep within the local policy and that of the country as a whole. Permitted development rights are, to some degree self-explanatory, as they are those rules that allow certain aspects of development to progress…
Legal Article
18/08/21
What is the "repair free" period? A new 10 year "repair free" period has been introduced by the new shared ownership model lease, during which time shared owners of new builds will receive support from their landlord to pay for essential repairs. Following this 10 year period,…
Legal Article
18/08/21
2021 has already seen the introduction of rigorous new energy efficiency standards for homes, in the Government's attempt to lower energy consumption and bills, furthering their legally binding target to reduce greenhouse gas emissions to net zero by 2050. Now, with the help of the Future Homes Task…
Legal Article
17/08/21
You've issued possession proceedings and have received a possession hearing date. Now what? What should you expect? The possession hearing is listed for a short period of time, usually around 15 minutes if the tenant has not raised any defences. As the claimant, the landlord will be expected…
Forbes News
16/08/21
This month the ICO has announced that it has opened its public consultation for the revised version of its Employment Practices Code ('the Code'). The existing version of the Employment Practices Code was published in November 2011 and so pre-dates the introduction of the UK GDPR and the…
Forbes News
13/08/21
The Government and Department for Transport are in the process of reviewing and updating the Highway Code. The proposals include safe passing distances and speeds to ensure the safety of vulnerable road users. These are usually considered to be pedestrians, cyclist, horse riders, motorcyclists, and…
Legal Article
11/08/21
The latest KPMG and Recruitment and Employment Confederation (REC) report on jobs survey showed recruitment activity surged in June amid greater demand for staff and the return to more normal business conditions as coronavirus lockdown measures eased. However, the availability of workers to fill…
Legal Article
10/08/21
Over the past fortnight, the transfer sagas of two footballers from their respective clubs to Manchester City have outlined the importance of a written contract. On the one hand, we have the completed £100 million transfer of Jack Grealish from Aston Villa to City; on the other the frustrated…
Legal Article
05/08/21
Determining Retail Interim Rents in a Pandemic Background S Franses Ltd leased premises on the ground floor of The Cavendish Hotel in London[HM1] . The Lease[HM2] benefitted from the security of tenure under the Landlord and Tenant Act 1954, which gives business tenants renewal rights…
Legal Article
05/08/21
Following "Freedom Day" customers and employees are no longer legally required to wear face coverings from Monday 19 July 2021. Masks have been a contentious issue throughout the pandemic. There is an identifiable conflict between the government advice and requirements for each retailer.…
Legal Article
05/08/21
There is currently a downward trend in high street shopping, mainly due to an increase in shopping online. This has been accelerated by the pandemic as high street shops have been forced to close and ultimately improve their online services to retain customers. The impact has been so great that, in 2020…
Legal Article
05/08/21
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, often appointing an advisory council and…
Legal Article
05/08/21
Drop-shipping is a form of supply chain management, whereby a secondary retailer (the "drop-shipper"), typically taking the form of an online e-commerce platform, accepts a customer's order and, rather than holding the necessary stock to fulfil such order, it relies upon the primary…
Legal Article
30/07/21
The Government has now passed legislation mandatory for care home staff, volunteers and certain other groups entering the care home (subject to certain exemptions). These provisions have now come into force meaning there will be a 16-week grace period from when the regulations are made to when they…
Legal Article
29/07/21
What is a Review Hearing? The review hearing is a new stage in the eviction process. After proceedings have been issued, the Court will schedule a review hearing. The purpose of this is to give the Court the opportunity to make sure the paperwork is in order and to offer the tenant an opportunity…
Legal Article
28/07/21
Forbes recently successfully defended a claim brought against our client, Brean Theme Park. The claimant was employed as a ride operator and was working on a roller coaster when he said his accident occurred. He alleged that he was required to slow the ride carts down by hand to stop them crashing…
Legal Article
28/07/21
CPR Part 45 section IIIA provides that claims which are initially submitted to the MOJ protocol but then exit the process are subject to fixed costs. This remains the case even if settlement is agreed in excess of £25,000 provided the matter has not been allocated to the multi-track as made…
Legal Article
28/07/21
YXA v Wolverhampton follows HXA v Surrey CC and DFX v Coventry and further examines the duty of care owed to children in a social care context. All three have been determined in favour of the Local Authority in question. The detailed exposition of caselaw in YXA is important as it carefully…
Legal Article
28/07/21
Claimant fails to persuade judge of adverse weather conditions Forbes recently successfully defended a claim brought by a claimant under the Occupiers' Liability Act 1957. She said that she had slipped on the steps of a Council building that was hired out for a wedding and that the defendant…
Legal Article
28/07/21
As readers will know, Ofsted was asked by the UK government to carry out a rapid review of sexual abuse handling in schools and colleges following mounting concerns about student and staff welfare, highlighted by large-scale disclosures on the 'Everyone's Invited' website. Ofsted…
Legal Article
28/07/21
The judgment in this tripping claim showed the importance of accurate measurements when defending tripping on the highway claims. The claimant brought a claim as a result of allegedly stumbling and falling due to a depression in block paving on a pavement. Such minor defects are often seen on our…
Legal Article
27/07/21
On Thursday 22 July 2021, the Government announced a list of sectors within which it proposed workers will be exempt from self-isolation, even if they are contacted by the NHS Track and Trace app. This exemption only applies to those double vaccinated (14 days after the second dose), who come into…
Legal Article
27/07/21
As part of National ASB Awareness Week, we teamed up with colleagues at The Guinness Partnership and West Yorkshire Police on Friday 23rd July 2021 to focus on locally-based initiatives for tackling cuckooing in our neighbourhoods. This partnership-focussed session was able to capture the essence…
Legal Article
27/07/21
In April 2022, the new law on no-fault divorce will come in to affect in England and Wales. This is a long-awaited change to an area of law which has remained unchanged since 1973. Under the no-fault divorce, separated couples will no longer need to rely on one of the current five facts in order to…
Legal Article
26/07/21
One of the biggest misconceptions is that just because you do not have a document in writing means you do not have a contract. A contract does not have to be in writing. A contract simply requires: · an offer; · acceptance; · consideration (such as payment); &…
Forbes News
26/07/21
The residential property market can be difficult to access for first time buyers. This is a result of the increase in the amount of deposit required which has tripled over the last 20 years. Additionally, the current rate of buying activity bolstered by the Stamp Duty Holiday has driven house prices…
Legal Article
23/07/21
We are expecting legislation to introduce Arbitration for Landlords and Tenants and for the ring fencing of 'COVID' arrears. 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…
Legal Article
22/07/21
The new Practice Direction 57AC (" the PD ") came into force earlier this year in the Business and Property Courts. It applies to any trial witness statements signed on or after 6 April 2021, whether the proceedings are new or existing. The PD requires trial witness statements to…
Legal Article
21/07/21
Chaired by Baroness Neville-Wolfe, the new House of Lords Built Environment Committee launched its inquiry on 6th July 2021 into the demand for housing in the UK and how to overcome barriers to meeting this demand. The Conversative Manifesto published in 2019 included a commitment to continue with their…
Legal Article
20/07/21
The recent case of Phoenix Interior Design Ltd v Henley Homes plc [2021] EWHC 1573 (QB) involved a number of complex legal issues, with particular attention paid to whether the supplier's terms and conditions were properly incorporated into the contract and if so, whether they could rely upon an…
Legal Article
16/07/21
We are continuing to keep a close eye on progression of the Building Safety Bill through Parliament. You can view our webinar discussing the main proposals of the draft Bill here. The Bill was formally introduced to Parliament on 5 July 2021 and awaits Second Reading. Much pre-legislative…
Legal Article
15/07/21
It has been confirmed this week that England will move to the final stage of easing of Covid restrictions meaning that almost all legal restrictions on social contact are set to end on Monday 19th July. But what does this mean from an employment and health and safety perspective? The guidance to…
Legal Article
14/07/21
CCTV and ASB: Do Perpetrators have a Right to Privacy? The Court of Appeal has recently heard a case where the defendant argued that a breach of his injunction, proved by his neighbour's CCTV, breached his right to privacy. The Court of Appeal has dismissed this argument and decided that the…
Legal Article
13/07/21
Following the disappointment of the Euro 2020 Final, many no doubt expected they would be getting up the morning after to an influx of press articles and social media posts centred around a technical critique of the football skills on display in the final along side messages of support for the players.…
Legal Article
13/07/21
On going to bed disappointed on Sunday night, many no doubt expected they would be getting up on Monday morning to an influx of press articles and social media posts centred around a technical critique of the football skills on display in the final along side messages of support for the players. Few…
Legal Article
13/07/21
The ICO has announced this week that it has fined the charity Mermaids £25,000 for failing to keep the personal data of its users secure. Mermaids is a charity which originated as a parents' support group for parents whose children were experiencing gender non-conformity. In August 2016,…
Legal Article
09/07/21
Capitol Park Leeds plc v Global Radio Services Ltd [2021] EWCA Civ 995 (5 July 2021) Background This case concerned a three-storey modern commercial unit. It had been leased on 4 March 2002 for a term expiring on 11 November 2025. Clause 10 of the Lease was a tenant's break clause.…
Legal Article
09/07/21
The most common question asked by landlords at the moment is "what's the notice period again?" Covid-19 and wreaked havoc on landlords and tenants of residential properties- not to mention keeping property litigation Solicitors on their toes with the frequent, and often last minute,…
Legal Article
08/07/21
A secondary school in Chelmsford has been fined £16,700 and ordered to pay costs of £12,000 following an accident that saw an unsecured locker unit fall and fatally injure a young boy. Chelmsford Magistrates' Court heard that on 23 May 2019, nine-year-old Leo Latifi had been…
Legal Article
07/07/21
The Department of Health and Social Care (DHSC) has published its response to the consultation on mandatory COVID-19 vaccination for care home workers. It confirms that vaccination will become mandatory for care home staff, volunteers and anyone else entering the care home for work purposes (subject to…
Legal Article
07/07/21
The Home Office has published their updated guidance on carrying out right to work checks in light of the deadline to apply for the EU Settlement Scheme (EUSS) and the significant changes that accompany this. The guidance is titled ' Employer right to work checks supporting guidance ' and…
Legal Article
01/07/21
The rules around international travel and restrictions are constantly changing, with returning to the UK from some countries currently at the time of writing this article, legally requiring a 10 day quarantine upon return to the UK. In the education sector, maintaining continuity of education for…
Legal Article
01/07/21
The Rise of Group Data Breach Claims We are currently awaiting the Supreme Court's decision in the case of Lloyd v Google LLC . The decision will have a significant impact on the availability of damages for the loss of control of personal data, and for the viability of 'opt-out' style…
Legal Article
01/07/21
A plumbing supply company and its building contractor have been fined after unsafe construction work took place at the company premises in Burnley. Burnley Magistrates' Court heard that on 21 October 2018, Northwest Plumbing Supplier Limited and contractor Daniel Georghiou, carried out…
Legal Article
01/07/21
It has been over 12 months since the ICO issued 2 reprimands against primary schools for wrongly disclosing photographs of pupils without consent (Blog: Don't get caught out when it comes to pupil photos | ICO). However, in the intervening 12-month period there is still some confusion over the…
Legal Article
30/06/21
Regardless of your thoughts on the actions of the government over the previous week, the tales have certainly given us some good examples of data protection in play in the workplace. The Use of CCTV in the Workplace There are a number of questions that arise from the disclosure of CCTV from…
Legal Article
30/06/21
When families separate it is always a difficult and stressful period for all involved particularly for the children and their extended families. As a result of a family breakdown grandparents can ultimately miss out or be excluded from vital contact with their grandchildren. Whilst the parents of…
Legal Article
29/06/21
In the 21st century, with the advent of social media, it is now easier than ever for people to publicise their thoughts, feelings and opinions and make them largely available to the public. However, publicising thoughts or opinions may have disastrous consequences and may result in someone bringing…
Legal Article
29/06/21
EOTs were originally introduced by the Government in September 2014, in an attempt to encourage more shareholders to set up a corporate structure similar to the John Lewis model, by offering significant tax breaks. However, it took until the 2020/2021 tax year for the utilisation of EOTs to substantially…
Legal Article
29/06/21
Pressure sores are also known as 'bed sores'. The clue is in the name, as they are often associated with being less mobile, often in a care setting. The fact that a person has been hospitalised makes them vulnerable to immobility, and it goes without saying that the patient is poorly. This…
Legal Article
29/06/21
It has been announced today that the EU Commission has approved a UK adequacy decision. This means that the EU has decided that the UK has an adequate level of data protection to ensure that personal data can safely be transferred from the EU to the UK. Following the UK leaving the EU, the EU…
Legal Article
23/06/21
The Court of Appeal will be asked to review a decision the High Court made in February this year in the case of Gul v Mcdonagh , where a 13-year-old was hit by Mr McDonagh who was fleeing from the police in his car. He was doing 45 in a 20 zone. There were speed bumps along the road. On the face of…
Legal Article
23/06/21
Over the last month, the ICO has announced it has fined 7 organisations for sending unlawful emails and/or text messages. The ICO has taken action against the following organisations: · American Express - fined £90,000 for sending marketing emails to its customers without…
Legal Article
22/06/21
Teacher Assessed Grades and Requests for Information The ICO has recently published guidance for schools regarding what information they should publish proactively in order to comply with the Freedom of Information Act 2000 (FOIA) - ICO's blog on its information rights work | ICO. Public…
Legal Article
22/06/21
What are the responsibilities of a landlord? A landlord is legally responsible for the safety of the tenant. The landlord is responsible for:- · Repairing and maintaining gas pipework, flues and appliances · Ensuring that an annual gas safety check is carried out on…
Legal Article
22/06/21
The First Homes scheme, launching in June 2021, is a mechanism for selling discounted affordable housing to first-time buyers - it does not apply in Wales or Scotland; and to reserve it for those most in need, it won't apply if the buyers' combined household income is over £80,000, or &…
Legal Article
22/06/21
The ban on evicting commercial tenants was due to be lifted on 30th June 2021, however the government announced on 16th June 2021 that this will be extended to 25th March 2022 to help those worst affected by the pandemic and who are still suffering due to ongoing restrictions. The government is…
Legal Article
22/06/21
What are the responsibilities of a landlord? Landlords must make sure that their properties are safe. Landlords are required to have electrical installations inspected and tested by a qualified person. Landlords must obtain an Electrical Installation Condition Report (EICR). This is provided…
Legal Article
22/06/21
The recent findings in the case of Knight v Fernley and another [2021] EWHC 1343 (Ch) (19 March 2020) are a stark reminder of the importance of registering plot transfers on a development prior to any common areas being transferred to a management company or other third party. In this case, a…
Legal Article
22/06/21
Building Safety Bill The government published its Building Safety Bill in July 2020 to respond to long-standing concerns surrounding fire safety, quality and competence, and to respond to recommendations from the Hackitt review which concluded that the whole system needed major reform. The…
Legal Article
21/06/21
Tyne Wear Metro operator, Nexus, has been fined £1.5 million after pleading guilty to an offence under the Health and Safety at Work etc. Act 1974., for failing to ensure the safety of staff. The fine follows the death of a Nexus employee at the company's South Gosforth depot in July 2014…
Legal Article
21/06/21
The world has changed since the initial lockdown in March 2020, and you would be forgiven for forgetting how severe the restrictions were during that time. Claims arising during that period are now beginning to make their way before the Courts and District Judge Gribble sitting at Middlesbrough…
Legal Article
21/06/21
Printed plastics manufacturer Alfaplas Limited was fined after a worker became unconscious as a result of asphyxiation when his tabard was entangled in the rotating spindle of a print machine. Kidderminster Magistrates' Court heard how on 29 January 2019, an employee who was a supervisor at…
Legal Article
21/06/21
Southend High School for Boys Academy Trust has been sentenced after a worker fell from a ladder. Chelmsford Magistrates' Court heard how, on 19 February 2019, the injured person was using an unsecured ladder at the school to dismantle a canopy roof when the ladder slipped, causing the worker…
Legal Article
21/06/21
A builder has been imprisoned for 24 weeks after he failed to report a serious incident at a construction site he was in charge of. Westminster Magistrates' Court heard that on 8 January 2019, worker Simon Lewis had been clearing a site on Clarence Avenue, New Malden with an excavator so a new…
Legal Article
18/06/21
The 2021 edition of the Academy Trust Handbook (currently known as the Academies Financial Handbook) has just been released and is due to come into effect from 1st September 2021. The new name is just one of a number of changes in the 2021 edition which include practical reminders, clarification…
Legal Article
18/06/21
Disputes over school uniform policies and the enforcement of them are common, controversial and usually gain unwanted publicity. It is therefore important for a school to know what legal considerations it must take into account when formulating their uniform policies and also how best to resolve a…
Legal Article
18/06/21
Mr D Rodgers v Leeds Laser Cutting Ltd: 1803829/2020 Mr Rodgers brought a claim against his ex-employer for automatically unfair dismissal having been dismissed after refusing to attend the workplace over Covid concerns. The claimant did not have two years' continuous service at the…
Legal Article
18/06/21
The ICO has recently published guidance for schools regarding what information they should publish proactively in order to comply with the Freedom of Information Act 2000 (FOIA) - ICO's blog on its information rights work | ICO . Public authorities (such as maintained schools and academies)…
Legal Article
17/06/21
Upon facing the realities of a marriage breakdown, our family law team find that clients main concerns are that of the matrimonial finances. Whether you are the party wanting to protect assets or the party in a more vulnerable financial position, you will want to know what a financial agreement will…
Legal Article
17/06/21
Whilst the next stage of restrictions has been extended to get the country out of lockdown, the current moratorium in respect of winding up petitions against companies is still due to end on 30 June 2021. Since the moratorium came into effect in 2020 there has been significant restrictions in…
Legal Article
17/06/21
Firstly, what are these provisions? A 'pay-when-paid' clause is a payment condition that establishes a reasonable time for the contractor to comply with its duty to make payment to a subcontractor or supplier upon the contractor's receipt of payment from the owner. Essentially this…
Legal Article
16/06/21
As restrictions are beginning to ease, businesses will likely be returning to their normal operations, and as such, may be looking to make an insurance claim for business interruptions suffered due to the Government restrictions imposed in response to the pandemic. In January 2021, the Supreme…
Legal Article
16/06/21
The Prime Minister's finances have been the subject of public focus surrounding the recent local Government elections. However, the most recent headlines have been focusing on a County Court Judgment in the Prime Minister's name in relation to a defamation case which was brought against him by a…
Legal Article
11/06/21
If you rent your property on an assured shorthold tenancy, that started after 6 April 2007, the Tenants deposit must be registered with a deposit scheme provider, the funds paid into the scheme within 30 days of receipt and the Prescribed Information provided to the Tenant Who can I use to protect…
Legal Article
08/06/21
Covid has confined us to our local areas, footpaths are well worn and the public are likely to continue enjoying their outdoor activities as we all move on. The large increase in the use of public rights of way has caused a number of headaches for farmers and landowners particularly when the same land…
Legal Article
08/06/21
It is beyond doubt that Covid-19 has caused considerable financial challenges for commercial tenants, many of whom have had to endure either their business not being able to run as effectively, or not run at all. The Government has for the most part been sympathetic towards commercial tenants during the…
Legal Article
08/06/21
The Court of Justice of the European Union (CJEU) can now be added to the list of bodies bolstering the position of the claimants in the ongoing retail equal pay claims. This time it was Tesco taking the hit, with the CJEU confirming that supermarket shop floor workers can be compared to distribution…
Legal Article
08/06/21
Cryptocurrency came into existence not long ago with the most popular, Bitcoin, coming into existence on 3 January 2009 by the mysterious Satoshi Nakamotu. To this date, no-one knows exactly who this mystery person is. It began with mining block zero which has a reward of 50 bitcoins and here sprang a…
Legal Article
07/06/21
In response to COVID-19, the Government introduced a number of support packages in order to ease the financial burden on businesses. Now that Government restrictions are easing, life is beginning to return to some semblance of normality, however, businesses may struggle in getting back on track as the…
Legal Article
07/06/21
The UK is facing unprecedented increases in the cost of key raw materials, which has been felt across several businesses. Not to mention the already existing pressures caused by Covid-19 and Brexit, this is yet another issue manufacturing companies are facing across the UK, resulting in disruption…
Legal Article
07/06/21
Several senior leaders in the manufacturing industry have noted modest or even significant growth throughout the global pandemic. Due to the nature of the market, the unprecedented supply of manufactured products has accelerated an increase in demand for products and economic growth, as a result, we…
Legal Article
07/06/21
The UK manufacturing sector has had a very mixed response to the Covid-19 pandemic, with some businesses struggling, and others thriving, either due to being in key sector supply chains or by being able to pivot to adapt to the "new normal". As we start to near the beginning of the end of this…
Legal Article
04/06/21
The ban on evictions has finally been lifted, meaning landlords can now proceed with repossessing their properties. The ban had been in place for most of the Covid 19 pandemic to help protect tenants from losing their homes. What is changing ? · The ban on bailiff forced evictions…
Legal Article
04/06/21
In this article Sarah Robson, one of our family law specialists, considers how pensions are treated in a divorce. In most divorces pensions are one of the main assets of a marriage, usually second only to the family home. If you are facing a divorce it is vital to give proper consideration to…
Legal Article
03/06/21
Inheritance tax (IHT) is a tax on the estate (property, money and possessions) of someone who has died, it can also be payable when making certain lifetime gifts. Most people who think their estate would be liable to IHT want to pay the least amount of tax possible when they die and want to look at…
Legal Article
02/06/21
The new, long-awaited, Graduate route?is now open under the UK's points-based immigration system. It is for international students, including EEA students without settled or pre-settled status, who want to work in the UK following the successful completion of a degree at undergraduate level or above…
Forbes News
02/06/21
Forbes Solicitors has announced the promotion of five new Partners as part of 14 promotions across the firm. Kirsty Varley and Sarah Rogers in the firm's housing and regeneration litigation team, along with employment lawyer Amy Stokes, Tim Smith in the insurance team and commercial property…
Legal Article
01/06/21
It has become increasingly common for personal representatives of an estate to find themselves in a position where they are required to bring or defend a claim against a third party. In these circumstances, it is possible for a personal representative to be reimbursed from estate for the costs they…
Legal Article
28/05/21
A pub landlord has been handed a nine-year prison sentence for gross negligence manslaughter after a child was electrocuted in a beer garden. Harvey Tyrell, 7, died from an electric shock after he touched a defective lighting fixture at the King Harold pub in Romford, Essex, on 11 September 2018…
Legal Article
28/05/21
A manufacturing company has been fined after an apprentice's hand was caught in machinery. A 17-year-old apprentice, who had been working at Amber Industries Limited in Oldham for 18 months, was reaming workpieces using an unguarded pillar drill whilst wearing gloves. The glove on his right…
Legal Article
28/05/21
DFX v Coventry City Council was one of the first trials of a Social Services 'failure to remove' claim in the High Court following the Supreme Court decision in CN and GN v Poole BC in June 2019. DFX considered whether Social Services Departments owe a common law duty of care to children,…
Legal Article
28/05/21
A recent County Court decision we ran on behalf of our client, the Co-operative Group Ltd, shows the importance of carefully considering procedural points when served with proceedings. Whilst judges have cautioned time and time again against taking petty procedural points, the Claimant's…
Legal Article
28/05/21
Failing to adhere to health and safety standards can be a very costly mistake to make, as the owners of the Britannia Hotel in Southport recently found out. The hotel chain was fined £80,000 after a guest sustained life-changing injuries when she fell through rusty iron railings to a…
Legal Article
28/05/21
What is needed to enable a defendant to successfully say that they relied on a dynamic risk assessment rather than to have specifically risk assessed every task? This question arose in two cases over the last 6 months that help identify the issues that need to be considered. The first is the…
Legal Article
28/05/21
A Lancashire based manufacturer of plastic-coated fabrics has been fined after an employee's hand was drawn into an unguarded part of a machine, resulting in the surgical amputation of three fingers. Manchester Magistrates' Court heard that on 20 August 2019, a machine operator at the Earby…
Legal Article
27/05/21
The pandemic has brought to light the importance of having measures in place to enable your family to access and manage your finances in the unfortunate case that you are unable to do so yourself. It's not an easy conversation to have but it really does pay to plan ahead and set up Lasting…
Legal Article
26/05/21
Cauda Equina syndrome is a rare and severe type of spinal stenosis. It occurs when the nerves in the lower back become severely compressed. It's sometimes a result of a prolapsed disc bulge and requires urgent hospital admission and timely surgery. The longer it goes untreated, the greater the…
Legal Article
25/05/21
Retinal detachment is a serious condition which can lead to blindness if not dealt with quickly. Common complaints are floaters, flashes or shadows. Most people will contact there optician in the first place. We have dealt with a number of cases in recent times where opticians have failed to appreciate…
Legal Article
24/05/21
Under section 31(1)(b) of the Children Act 1989 'on an application of any local authority or authorised person, the court may make an order putting the child under the supervision of a designated local authority' and this is known as a supervision order. A Court may make a supervision order if…
Legal Article
21/05/21
The BBC have reported on a shocking baby death during delivery at the Doncaster Bassetlaw Teaching Hospitals NHS Foundation Trust. A request for information by BBC's Panorama Program raised significant safety concerns. The mother of Clay Wankiewicz was admitted to Doncaster Infirmary last…
Forbes News
21/05/21
What is the Debt Respite Scheme? The Debt Respite Scheme (Breathing Space) which came into force on 04 May 2021, gives someone in debt, the right to legal protection from their creditors through a 'breathing space'. There are two types of breathing space: a standard breathing space and…
Legal Article
20/05/21
What's new? Two sets of regulations have been laid before Parliament, which have brought further changes to the notice periods to be given in respect of possession proceedings for residential tenancies and the corresponding forms of notice to be served by landlords. To give them their long…
Legal Article
20/05/21
When someone dies those left behind often have a strong desire to seek expert legal advice and support to decide whether to bring or to defend a claim against the estate. Disputes concerning the administration or the distribution of trust funds or a deceased persons estate are rising. Reasons include…
Forbes News
20/05/21
From 1st June 2021 there will be new notice periods for landlords seeking possession on tenancies but rather than reverting to the pre-pandemic notice periods there will be a further period from 1st June to 30th September. Exceptions remain as before. New Notice Periods S8 where rent arrears…
Legal Article
19/05/21
The Times newspaper recently reported advances in artificial intelligence (AI) to help detect fractured bones that might otherwise be missed by radiologists. This sounds like an exciting development, particularly in relation to wrist fractures, where a fracture of the scaphoid bone is often…
Legal Article
18/05/21
Our education team regularly run free, Q&A sessions via Zoom which gives attendees the opportunity to ask any questions that may be relevant to them at the time. Please see below a summary of some of the questions that we have been asked most recently and our responses. How long should a phased…
Legal Article
18/05/21
The House of Commons Library has just published a briefing paper on sexual harassment in education in England (link : https://commonslibrary.parliament.uk/research-briefings/cbp-8117/ ) It seeks to supplement existing statutory guidance ('Keeping Children Safe in Education Jan 2021')…
Legal Article
18/05/21
It is reported that the new 64 page guide on how to run your own whiplash claim is " Hopelessly complicated " The government are about to introduce some changes severely restricting the right to claim compensation for Road traffic whiplash, fixing the compensation payable to £240…
Legal Article
18/05/21
What must the government's independent review of construction frameworks consider to benefit both the public sector and contractors. An independent review of public sector construction frameworks should have happened before the publication of the Construction Playbook and should take a project-…
Legal Article
18/05/21
"Free Movement" to and from the EU ended on 31 December 2020. As a result of this, new rules came into force on 1 January 2021 which affect who can receive help with benefits, housing allocation and homelessness. EU, EEA and Swiss citizens and their family members must now apply to the EU…
Legal Article
17/05/21
The Times newspaper recently reported that a former BBC presenter was presented a multimillion-pound compensation after suffering whiplash while imitating a car crash in a science program Jem Stansfield was filming, Bang goes the theory, in 2014 when he was strapped to a cart and catapulted along a…
Legal Article
14/05/21
Unconscious bias has become a buzz word over recent months in HR, but what does it actually mean? And what is its impact on the education sector? It's such a soft concept that it is difficult to ascertain its application and the necessity and means to minimise and prevent its impact. The…
Legal Article
14/05/21
Risk management has never been so important, and to thrive, educational establishments need to be prepared to embrace the challenge of identifying areas of risk, and then working to creatively manage them. Any establishment prepared to identify and mitigate risk will create a healthy culture that…
Legal Article
14/05/21
As a result of the global pandemic, a significant number of UK companies have had no option but to substantially reduce their operations or completely cease trading and close their doors. Whilst certain companies have managed to continue to operate throughout the last year, Covid-19 has resulted in a…
Legal Article
14/05/21
You arrive at depression, anxiety and suicidal ideation when you can't escape an issue in your head, be the pain of fibromyalgia, or a trauma, or any other pressing issue. Mental Health Awareness Week presents an opportunity to look at how society and health services manage these issues. The…
Legal Article
14/05/21
Dying Matters Awareness Week (10-16 May) seeks to encourage people to talk more openly about death, dying and bereavement. Part of that conversation is about planning ahead for the future, which can make the end of life experience a little easier for yourself and your loved ones. To ensure your…
Legal Article
13/05/21
The Home Office has announced that from 21 June 2021, the concession on Right to Work (RTW) checks, permitting employers to conduct RTW checks via video, will end. The amended checks were due to end on 17 May 2021, however the Home Office confirmed shortly beforehand, on 12 May 2021, that their…
Legal Article
13/05/21
Yesterday's blog as for Dying Matters Awareness Week (10-16 May) was about Lasting Powers of Attorney. Dying Matters Awareness Week encourages people to talk about death, dying, bereavement and to plan for the future. Sometimes, unfortunately, advance planning is not done. If a person loses…
Legal Article
12/05/21
Melanoma UK have launched a public awareness campaign urging people to go on the hunt for the estimated missed 4,358 melanomas missed during the pandemic.* Melanoma is a type of cancer that starts in skin cells called melanocytes which make a pigment called melanin which gives the skin it's…
Legal Article
12/05/21
As part of Dying Matters Awareness week (10-16 May) we are encouraging people to talk about dying and the importance of planning for later life. Unfortunately, situations can arise whereby people become unable to manage their own affairs, whether that be due to mental or physical incapacity.…
Legal Article
11/05/21
A new prescribed form of Notice Seeking Possession (under section 8 of the Housing Act 1988) has been introduced. Landlords in England are required to use this latest form for any Notice Seeking Possession served on or after 04 May 2021. It has no effect on landlords in Wales. Below is a link to…
Legal Article
11/05/21
Domestic Abuse has a huge impact on peoples mental health. Domestic abuse isn't always physical and can often be mental abuse. According to the Office for National Statistics, it is estimated that over a 12-month period to year ending March 2020, approximately 2.3 million adults aged 16 to 74 years…
Legal Article
11/05/21
This week (10-16 May) is Dying Matters Awareness Week and Forbes are discussing issues surrounding death, dying and planning for your future. One important step to prepare for dying, death and bereavement is making a Will . Many people put off making a Will because they do not like to talk about…
Legal Article
10/05/21
It is important now more than ever to look out for signs of mental health problems, identify symptoms and to be there for anyone struggling. As a result of the pandemic, Dr Adrian James, President of the Royal College of Psychiatrists warned of an escalating mental health crisis " As a result…
Legal Article
10/05/21
This week (10-16 May) is Dying Matters Awareness Week, organised by the Dying Matters Coalition to encourage people to talk openly about dying, death and bereavement. The pandemic has seen a surge in deaths, with more than 1,000 extra people dying at home each week. Most of us feel uncomfortable talking…
Legal Article
07/05/21
Currently, under s44 of the Employment Rights Act 1996, an employee can bring a tribunal claim if they have been subjected to a detriment because they reasonably believed that being at work would place them (or someone else) in serious, imminent danger. Employees also enjoy protection from unfair…
Legal Article
07/05/21
On the 10 February, the Government announced its strategy to improve nationwide building safety, following the continuing fallout from the Grenfell disaster. A pivotal part of the strategy was the announcement of a further £3.5 billion funding to help facilitate the removal of unsafe cladding. It…
Legal Article
07/05/21
HMRC has recently extended the 'off-payroll working rules' - commonly referred to as the 'IR35 rules' - to the private sector, in order to tackle scenarios in which some contractors took advantage of the tax efficiencies of providing their services through a limited company or another…
Legal Article
07/05/21
Properly preparing your business for sale takes time, which means you need to start planning for a sale well in advance. However, you never know when an offer might come along that is too good to pass up - would your company be in a position to be sold at short notice? If not, this is the best time…
Legal Article
06/05/21
Last week, on 29th April, the Domestic Abuse Bill received royal assent. The Domestic Abuse Bill will provide protection to millions of victims of domestic abuse and strengthen measures to tackle the perpetrators of domestic abuse. The government have worked closely with the Domestic Abuse Commissioner…
Legal Article
04/05/21
The breaking news today is that Bill and Melinda Gates are set to divorce. After 27 years of marriage and three children it has been revealed that the couple's marriage has irretrievably broken down and they " no longer feel able to grow as a couple ". Interestingly the couple did not sign…
Legal Article
30/04/21
The recent case of Procter v Procter dealt with the situation where a property owner wishes to grant a lease to both themselves and a third party jointly. In Procter, a family farm was owned by trustees and was farmed by a partnership consisting of the trustees and other family members, without any…
Legal Article
27/04/21
In a statement made in advance of the House of Lords' debate on the whiplash reform programme (reported on elsewhere in our E April Newsletter) Justice Minister Lord Wolfson of Tredegar reaffirmed the Government's commitment to the RTA reforms but also indicated that the proposed increase to the…
Legal Article
26/04/21
Decision: the relationship between the abusive employee and the placing authority was not akin to employment and the duty of care owed by the authority to the claimant was not non-delegable. In the case of SKX v Manchester City Council (2021) EWHC 782 (QB) handed down on 31st March 2021 Cavanagh…
Legal Article
26/04/21
Two recent decisions have highlighted the heavy levels of fines that the courts will impose for fatalities arising out of breaches of the Health and Safety at Work Act. In one case Peter Coleman (54) died after becoming trapped underneath a refuse collection vehicle in 2014. The court heard…
Legal Article
26/04/21
Aka Whiplash Reforms or RTA Small Claims Protocol Financial Limits For road traffic collisions occurring on or after the 31 May 2021 a new protocol and new small claims limit for injury of £5000 will apply. There is a total limit of £10,000 applicable for each claim. Damages…
Legal Article
26/04/21
A school has been fined after a member of public tripped over a retaining wall and sustained a fatal head injury. Peterborough Magistrates' Court heard how on 17 February 2017, a family member attended The Leys & St Faith's Foundation School in Cambridge (an independent school) to watch…
Legal Article
26/04/21
We have previously reported on the long awaited MOJ reforms for whiplash claims arising from road traffic accidents. The Government initially announced the reforms back in 2015 and they are now, at long last, to come into force on 31 May 2021. The Pre-Action Protocol for Personal Injury Claims…
Legal Article
23/04/21
It has been reported today that TikTok are facing a legal claim on behalf of millions of children in the UK and the EU. The claim is being backed by England's former children commissioner over how TikTok collects and uses personal data. The claim will allege that TikTok collects personal data…
Legal Article
23/04/21
Whilst the decline of the traditional high street has been much publicised over recent years, Covid-19 has likely accelerated the changes to how high street property is utilised in the long-term. One of the main challenges for city centres in a post-restrictions world will be how its property can be…
Legal Article
22/04/21
Notwithstanding that a principal contractor may not directly employ the injured employee, they can still be found to be in breach of their s2 and s3 duties under the Health and Safety at Work Act 1974 if they fail to review the sub contractor's risk assessments prior to the start of works or check…
Legal Article
20/04/21
As the lockdown restrictions begin to ease and employers are making plans for staff to return to the office, we have been contacted by a number of RP clients to ask whether or not it is lawful to collect information from staff about whether or not they have been vaccinated against Covd-19. The…
Legal Article
20/04/21
First launched in 2018, Homes England's Strategic Partnership model has enabled housing providers an alternative way to access grant funding by allowing partners to enter into a multi-year grant agreement to deliver affordable housing. Since then, Homes England have signed 23 partnerships with 27…
Legal Article
20/04/21
The Housing (Shared Ownership Leases) (Exclusion from Leasehold Reform Act 1967 and Rent Act 1977) (England) Regulations 2021 (SI 2021/212) (Regulations) were made on 1 March 2021 and came into force on 1 April 2021. The Regulations amend Schedule 4A of the Leasehold Reform Act 1967 (LRA 1967) and…
Legal Article
16/04/21
As of 30 April 2021, an administrator will not be able to make a 'Substantial Disposal' to a 'Connected Person' within the first eight weeks of the administration, unless they have obtained either: · An independent written opinion (positive or negative) ·…
Legal Article
14/04/21
Ofsted is to review how schools in England have dealt historically with sexual harassment and assault amongst pupils. This follows a pledge from the Education Secretary Gavin Williamson to take 'appropriate action' after thousands of accounts of sexual abuse from pupils were shared on the…
Forbes News
09/04/21
Traffic has finally resumed in Egypt's Suez Canal after a stranded container ship blocking it for nearly a week has finally been freed. A container ship, the Ever Given, passing through the Suez Canal on Tuesday 23rd March, brought a vital sea passageway to a halt, however the Suez Canal is finally…
Legal Article
08/04/21
The difference between SATs and MATs is vast, from their structure to their functionality. They are different legal beings. The Government is pushing towards MATs and if you are a SAT you will be expected to have a strong case for staying that way. These are some of the key factors you should consider…
Legal Article
07/04/21
What is Bowel Cancer? Bowel Cancer, also known as Colorectal cancer includes large-bowel cancer (colon cancer) and rectal cancer. The large bowel has five sections (ascending colon, transverse colon, descending colon, sigmoid colon and the rectum). Cancer develops as a result of cells changing and…
Legal Article
07/04/21
Bowel Cancer is the fourth most common cancer in the UK and the second biggest cancer killer*. On the 28th of August 2020, Chadwick Boseman Star of 'Blank Panther', died aged 43 after a four-year battle with colon cancer, a stark reminder that colon cancer is not just an older persons disease…
Legal Article
30/03/21
As schools break up for the Easter holidays this week - and chocolate filled weekends approach for many, this has got our team thinking about the contribution chocolatiers Cadbury have made to the housing sector… The chocolate box village of Bournville adopts a unique approach to development and…
Legal Article
30/03/21
The proposed changes to the Right to Buy (RTB) policy put forward by the housing sector a couple of years ago has been published by the government in recent weeks. While the changes are welcomed, experts in the housing sector are of the view that an opportunity has been missed to go even further.…
Legal Article
30/03/21
Intro One of the key announcements made by the Chancellor of the Exchequer, Rishi Sunak, during his 2021 Budget speech was the introduction of eight new freeports in England. A wide package of reliefs will benefit freeports, including some aimed at reducing the cost of investing in land buildings…
Legal Article
30/03/21
A trust can be created in different ways and for a wide range of purposes. Indeed, within the context of property law, a trust is automatically created whenever a property is jointly owned by more than one party. So far as Stamp Duty Land Tax involving commercial property is concerned, all trusts…
Legal Article
30/03/21
The Public Health (Coronavirus) (Protection from Eviction) (England) (No. 2) (Amendment) Regulations 2021 were due to be in force until 31 March 2021. That has now been extended to 31 May 2021. To recap, the Regulations ban most evictions unless the notice, writ or warrant of possession relates to…
Legal Article
30/03/21
Undoubtedly, a death in the family is an extremely difficult and challenging time. With emotions running high, focus quickly turns to ensuring funeral and/or burial arrangements for the deceased is done in the best possible way, in accordance with respecting the deceased's wishes and values. By…
Legal Article
29/03/21
On 8th July 2020, the Chancellor of the Exchequer announced a temporary stamp duty holiday for properties in England and Northern Ireland that cut the rate of stamp duty to zero percent for all properties £500,000 or under until 31st March 2021. Rishi Sunak has now confirmed an extension until…
Forbes News
26/03/21
The Supreme Court has today delivered its latest blow to Asda in the ongoing equal pay claim finding in favour of employees working in its retail stores against the retail giant in the latest interim stage appealed to the Supreme Court. Whilst it is important to note that this isn't the final…
Legal Article
26/03/21
According to the Crime Survey for England and Wales, in the year ending March 2020, an estimated 5.5% of adults who were aged 16 to 74 years experienced domestic abuse in the last year. This number equates to 2.3 million people who were affected by domestic abuse in one year alone. At the beginning…
Legal Article
25/03/21
Drayton Manor Park Ltd has been sentenced following the tragic death of a schoolgirl on its Splash Canyon water ride in 2017. This is another high profile prosecution of a theme park, following the Lightwater Valley one that we reported on in our January 2021 E News. ( Follow this link to read our…
Legal Article
25/03/21
It is clear to see that GDPR claims are certainly on the rise, with a flurry of activity featuring heavily in the media lately in relation to representative "class" actions against huge organisations such as Experian and Facebook. Class Actions: In class actions, sometimes called…
Legal Article
24/03/21
Kent v Guest [2021] EWHC 51 (Ch) The High Court has recently considered what is the correct approach to 'fault grounds' whereby a landlord can oppose a new tenancy under section 30(1)(a) to (c) of the Landlord and Tenant Act 1954 (the "Act"). Background Mr Kent (the…
Legal Article
23/03/21
What does a claimant undertaking a leisure activity have to prove to successfully claim against the organiser of the activity and owner of the premises when an accident occurs, leaving him injured? This was the question in a recent claim that Forbes successfully defended which was brought by a…
Legal Article
23/03/21
Forbes recently successfully defended a tripping claim brought against its client, Blackburn with Darwen Borough Council. Additionally, the claimant sued the Water Authority who was responsible for the manhole cover alleged to have been involved in the claimant's accident. The claimant said…
Legal Article
23/03/21
The new rules setting out the process for claiming damages arising from road traffic accidents (RTAs), and the tariff for damages that applies specifically to whiplash claims from RTAs come into force on 31 May 2021. They have been a long time coming, having been announced by the Government as long…
Legal Article
23/03/21
A waste and recycling company has been fined after an employee sustained serious injuries to his arm when it became entangled in the automatic roof sheeting mechanism of a visiting articulated truck. In April 2019 a 22-year-old labourer had been working at Johnsons Scrap Metal Limited, assisting in…
Legal Article
23/03/21
The Government's Digital, Culture, Media and Sport Committee has commenced its inquiry into concussion in sport, with specific reference to the links between head trauma and dementia, and how the risks can be mitigated. The inquiry will not deal with individual cases or comment on existing legal…
Legal Article
23/03/21
Calachem Limited, a chemical manufacturing company, has been fined after an employee was scalded with boiling water during a cleaning operation. Falkirk Sheriff Court heard that on 4 March 2016, work was undertaken to clean down part of a production plant in Grangemouth, Scotland. The cleaning…
Legal Article
23/03/21
We consider the employment law and liability aspects of CEV employees wanting to return to the workplace. As the vaccine roll out continues to progress at speed and lockdown restrictions gradually ease, employers are likely to be contemplating and planning for the return to work for their employees…
Legal Article
23/03/21
There is often some confusion about what happens to an existing Will in the event of a marriage/civil partnership or a divorce. Some people have made a Will before getting married, or whilst they are married and do not consider the effect that their subsequent marriage or divorce will have on the Will…
Legal Article
22/03/21
Following the Government's provisional roadmap to allow for the gradual reopening of business, many businesses will be putting plans in place so that they are prepared to capitalise as soon as they are able. An example would be the pub industry - the utilisation of their outdoor space presents a…
Legal Article
18/03/21
Where a contract contains a specific timeframe for completion of a particular action, what is the position if such timeframe is missed? Does it matter if there were understandable reasons for missing the deadline? A recent Court of Appeal case makes it clear that the courts will be reluctant to…
Legal Article
18/03/21
On 3 March 2021, the UK Budget was announced for the financial year 2021/2022. Included in this was the announcement that the Government intended to launch a Modern Methods of Construction (MMC) taskforce, backed by £10 million of seed funding. This announcement not only highlights the Government…
Legal Article
17/03/21
The Government has announced yet another extension on the ban on evictions for both residential and commercial properties. Residential Property On 10 March 2021, the moratorium on residential evictions which had been due to end on 31 March 2021, was extended until at least 31st May 2021.…
Legal Article
16/03/21
The recent case of Davey v Bailey highlights how important it is to have a properly drawn up Will. Mr and Mrs Bailey were a married couple with no children. They had made Wills leaving everything to each other but had failed to set out what they wanted to happen after they had both died.…
Legal Article
11/03/21
Following months of uncertainty for policy holders, on 15 January 2021, the Supreme Court handed down its judgment in FCA v Arch Insurance (UK) Ltd and others [2021] UKSC 1 , an appeal from the High Court judgment in FCA v Arch Insurance (UK) Ltd and others [2020] EWHC 2448 (Comm) . The High…
Legal Article
09/03/21
Not so long ago, companies had to deal with mountains of paperwork, meetings always held in person, and communication both internally and externally was not so easy. These days, technology has helped businesses come a long way by simplifying and streamlining how we communicate and eliminating many of…
Legal Article
05/03/21
Restrictive covenants on areas of land can have implications for anybody wishing to purchase the land, this is especially the case where the purchaser aspires to develop or change the land. The recent Supreme Court ruling in Alexander Devine Children's Cancer Trust v Housing Solutions Ltd (2020) is…
Legal Article
05/03/21
The crux of the case of Poste Hotel Ltd v Tracey Anne Cousins (2020) EWHC 582 concerned whether a resident's right to park supersedes a local business's right of way to enter their premises, and serves as an important reminder for why landowners must remain mindful of preventing others acquiring…
Legal Article
05/03/21
With the anticipated return of children being taught at school from Monday 8th March 2021 onwards, the HSE have reminded education establishments about the mitigating measures that they should put in place to control risk from COVID-19. The HSE have confirmed that they will continue to investigate…
Legal Article
04/03/21
The Government has introduced from 31 August 2020 an expansion of the currently permitted development rights (PDRs) and this presents an opportunity for developers to broaden their residential development portfolio, without formal planning permission. This is particularly significant given the impact of…
Forbes News
03/03/21
After a week of rumours and alleged leaks regarding The Budget, we can now confirm what has been announced by Chancellor Rishi Sunak on Budget Day (Wednesday 3 March 2021). Below are some of the key takeaways from The Budget for the Employment Sector: · As expected, the Furlough…
Legal Article
02/03/21
Parental responsibility encompasses " all rights and duties, powers and responsibilities, which by law a parent of a child has in relation to that child ". This gives a parent the right to make decisions on behalf of that child such as their education, religion and upbringing. Mothers who give…
Legal Article
26/02/21
How do the changes to the off-payroll working rules (IR35) due to be introduced in April affect schools? IR35 applies when a worker or self-employed contractor provides their services through their own limited company. The rules make sure that contractors, who would have been an employee if they…
Legal Article
25/02/21
The recent case of HXA v Surrey Council has followed a minimal number of social care cases which have made their way through the Courts following CN & GN v Poole BC. The lack of detail around these cases, and the failure of any of them to reach the higher echelons of the Court system, have left room…
Legal Article
25/02/21
The Insurance department congratulates Ridwaan Omar on gaining his NEBOSH National General Certificate on Occupational Health & Safety. Ridwaan acts on behalf of numerous organisations in defending Employers' and Public Liability insurance claims. He also has considerable experience of…
Legal Article
25/02/21
Rule changes to Part 36 offers mean that defendants need to be even more wary than before of the terms of Part 36 offers made by claimants. The Civil Procedure (Amendment) Rules 2021 which come into effect from the 6 April 2021 amend Part 36 with a new rule 36.5 (5) which says that Part 36 offers…
Legal Article
25/02/21
The claimant pursued a claim against Bury Council relating to an incident when a tree located in a school fell onto the claimant's property causing damage. The Council had a system of inspection of their trees and this tree had been inspected and was due to be felled. It was suffering from…
Legal Article
25/02/21
The claimant sued the defendant council following what she said was a fall on the pavement as she was walking back from the school where she had collected her children. She alleged that there was a missing flagstone. The claim was brought pursuant to the Highways Act 1980 for breach of S41, the…
Legal Article
25/02/21
The case of the fire at Cameron House Hotel on the banks of Loch Lomond in December 2017 has resulted in a fine of £500 000 for the hotel owners and a community sentence order for the hotel porter involved. Fire safety considerations might not be at the top of your risk register priority…
Legal Article
25/02/21
On 4 February 2021, the Employment Appeal Tribunal (EAT) handed down judgment in the case of Allay v Gehlen. The case not only addresses the issue of discrimination and workplace harassment but also highlights the importance of providing appropriate training to staff. We feel this case has relevance in…
Legal Article
25/02/21
Earlier today, the Supreme Court handed down its long-anticipated judgment in relation to the action brought against Uber by drivers claiming to be workers as opposed to self-employed contractors. The judgment provides the answer to whether 'gig economy' workers can be classed as 'workers…
Legal Article
24/02/21
January 2021 saw the beginnings of the post-Brexit transition period in the UK, and whilst this has impacted some elements of the intellectual property landscape across the EU, Forbes' Intellectual Property team have continued to assist a range of clients across various areas of both contentious and…
Legal Article
24/02/21
New build properties often get bad press with stories of poor quality making the headlines, highlighted in the recently published story of the Developer who was forced to rebuild all four external walls of a property. The New Homes Quality Board (NHQB) has launched this week, led by Natalie Elphicke…
Legal Article
24/02/21
Forbes' Merseyside County Lines & Social Housing Conference took place over two days on 9th and 10th February 2021 in conjunction with Merseyside Police. With over 400 attendees across the two day conference, it was clear to see the importance of tackling cuckooing and county lines across…
Legal Article
24/02/21
Earlier this month, the Supreme Court handed down its long-anticipated judgment in relation to the action brought against Uber by drivers claiming to be workers as opposed to self-employed contractors. The judgment provides the answer to whether 'gig economy' workers can be classed as '…
Legal Article
24/02/21
The Housing Secretary, Robert Jenrick, has announced the ban on evictions, save for exceptional cases, will be extended to 31 March 2021. It had been due to end on 21 February so we expect to see updated Regulations released shortly. There were some changes to the exceptions when the ban was…
Legal Article
24/02/21
Building insurance / warranties are an essential consideration for any development. There are a variety of providers available, all with their own products and add-ons which should be considered to ensure you choose a policy which suits your development's needs. It is important to have discussions…
Legal Article
23/02/21
This was a Clinical Negligence claim against the Claimant's GP for failing to identify an abdominal condition, despite carrying out blood tests and failing to advise the Claimant of the results which resulted in her being admitted to Hospital for emergency treatment and surgery, where she was an…
Legal Article
23/02/21
The implications of Brexit and the ongoing Covid-19 pandemic have meant that most businesses are carefully considering all costs and risks to their business, including costs and risks associated with properties that they own or occupy. Tenants may wish to carefully consider their existing obligations…
Legal Article
22/02/21
With the COVID-19 pandemic continuing to cause pressures across sectors and around the world, attention is gradually beginning to turn to the implications of a more widescale return to the workplace, including the wider rollout of rapid response testing and the encouragement of employee vaccinations.…
Legal Article
19/02/21
At its' core, artificial intelligence (AI) is a form of computer science which involves the development of programmes to enable tasks to be completed which would otherwise require human intelligence. AI algorithms can be used for tasks including problem solving, logical reasoning and understanding…
Legal Article
19/02/21
Businesses in the manufacturing sector, like many others, have been hit hard by the Covid-19 pandemic with the profound operational challenges that it has presented. The scale of the pandemic's impact, including factory closures and unprecedented disruption to supply chains, has knocked companies…
Legal Article
19/02/21
When a shareholder of a company sadly passes away, many questions are brought up surrounding what happens to the deceased's assets. In this blog, we walk you through what useful steps can be used to transfer shares from the deceased shareholder. Relevant documents relating to the shares:…
Legal Article
17/02/21
The government has launched an independent Housing Mediation Pilot Scheme. This is on behalf of the Ministry of Justice (MOJ) and will be funded by the Government. The service is in response to COVID 19 and will be a service to run along side all possession claims as they progress though the Court…
Legal Article
17/02/21
On the 14 February 2021, the Housing Secretary, Robert Jenrick, announced that the current restrictions on residential evictions would continue until the 31 March 2021. This means a writ or warrant of possession cannot be executed for certain scenarios including anti-social behaviour, domestic abuse…
Legal Article
17/02/21
The Coronavirus (Covid-19) global pandemic is non-discriminatory and has affected every single person all over the world in varying ways. Unsurprisingly, when the national lockdown came into force in England in March 2020, the country stood still and the majority of workers, students and children…
Legal Article
17/02/21
From time to time we hear about terrible injuries suffered by a child when they are hit by a car. There are regular campaigns to reduce speed limits in built-up areas. The law imposes a heavy duty on the car driver, particularly in built-up areas where children might be playing, areas around sports…
Legal Article
16/02/21
COVID-19 restrictions and government advice has changed everything when it comes to our children attending school, and uncertainty remains about the future of school terms, and when children will go back to school. Currently, it is estimated that children will not go back to school until 8th March at…
Legal Article
15/02/21
The recently reported case of KYRIACOU v FINCH (2021) QBD (Judge Nigel Bird) 29/01/2021, in the Queens Bench Division of the High Court found in favour of a motorcyclist who had been riding his bike at approximately 55 mph. It was dark, his head light was on. As he overtook an Asda van, the defendant,…
Legal Article
15/02/21
The Treasury has recently announced that long proposed cap on Public Sector Exit Payments (the Cap) which came into force on 4th November 2020 has been withdrawn effective from 12th February 2021 due to "unforeseen circumstances". Therefore any exit payments made after 12th February 2021…
Forbes News
15/02/21
In December 2020, the Government announced that it would undertake a review of commercial landlord and tenant legislation in 2021, and this is now expected to take place next month. It is anticipated that the review will consider a broad range of issues including the Landlord & Tenant Act 1954 Part…
Legal Article
12/02/21
On 4 February 2021, the Employment Appeal Tribunal (EAT) handed down judgment in the case of Allay v Gehlen. The case not only addresses the issue of discrimination and workplace harassment but also highlights the importance of providing appropriate training to employees. Training needs to be adequate…
Legal Article
11/02/21
The government has revealed that it is investing an extra £3.5billion in addition to the £1.6billion already pledged towards the removal of unsafe cladding in high-rise buildings which are taller than 18 metres. This will mean that leaseholders in such buildings will not be charged "for…
Legal Article
11/02/21
In September 2020 - following two important judgments delivered by the Court of Justice of the European Union - HMRC published its Revenue & Customs Brief 12 (2020) which contained updated guidance on the position of VAT on payments made in relation to the termination of contracts. The crux of…
Legal Article
10/02/21
Last week The Times reported on the issue of UK hospitals failing to carry out a test to check whether pregnant women have the potentially deadly bacteria Group B Strep, despite guidelines from Public Health England and the Royal College of Obstetricians and Gynaecologists (RCOG). The test costs just…
Legal Article
10/02/21
National Apprenticeship Week began on 8 February. This year's theme is 'Build The Future.' With 20 years of experience in progressing employees through apprenticeships, Forbes Solicitors has helped build futures and this year has been no different and has been as successful, despite the…
Legal Article
03/02/21
There is a distinction between a complaint and a clinical negligence claim . The NHS Complaints Procedure can address the former, but if a claim for compensation is required it is done through legal action. There is a threshold test from a case of Bolam v Friern H.C.C (1957), which has formed…
Legal Article
02/02/21
There was a band in the eighties that went by the name of Haircut 100. Well make that in today's money Haircut 200. You may have heard the news that 31 Metropolitan Police Officers face fines of £200 each for taking part in a mass haircutting marathon which was in clear breach of Covid…
Legal Article
02/02/21
The recent case of Morrison's v others concerned Mr Skelton, a former employee who had been disciplined for minor misconduct. As a consequence, he developed an irrational grudge against Morrison's which led him to publish on the internet, the names, addresses, gender, date of birth, phone,…
Legal Article
02/02/21
What is a legal dividend? Paying a dividend is the usual way for a company to distribute a share of its profits among the shareholders. Part 23 of the Companies Act 2006 establishes what profits are available for distribution by dividend, and what accounts are required in order to justify a dividend…
Legal Article
28/01/21
December was a busy month for those involved in data protection compliance. Therefore, we've set out a short summary of the most relevant updates for our education clients. Brexit As you will no doubt have heard, the UK and the EU reached a trade and cooperation agreement on Christmas Eve…
Legal Article
28/01/21
As many will be aware, on 17 December 2020, the Government confirmed that all secondary schools and colleges in England will be required to partake in mass testing staff and students (known as 'lateral flow' testing), with effect from 4 January 2021. With the Christmas break looming, it left…
Legal Article
27/01/21
Following going into its second administration in April 2020 and subsequently into liquidation shortly before the festive period, Debenhams is one of the latest victims of the impact of the pandemic and the accelerated shift to online retailing. Nevertheless, Boohoo, leading online fashion retailer…
Legal Article
26/01/21
The planned roll out of the off-payroll tax changes to medium and large private companies were due to come into force from 6 April 2020. However, given the unexpected global pandemic that surfaced in the UK just before this date, the decision was made by the government to push this back until 6 April…
Legal Article
26/01/21
Following a 12-month postponement due to the impacts of Covid-19, the Finance Act 2020 received Royal Assent on 22 July 2020, meaning that the forthcoming reforms to the IR35 tax legislation for the private sector are now just a matter of months away. IR35 was first introduced in 2000 with the aim…
Legal Article
26/01/21
It is widely considered that the Brexit deal is preferable to what would have arisen in a no-deal Brexit, and the deal has been cautiously welcomed by many in the construction industry for providing some much sought-after clarity. Whilst the impacts of Covid are ongoing and are likely to be lasting, the…
Legal Article
25/01/21
London Borough of Tower Hamlets Council has been sentenced after a five-year-old girl died when playground equipment collapsed on top of her at Mile End Park. Westminster Magistrates' Court heard that on 17 July 2015, Alexia Walenkaki was swinging on a rope attached at one end to a wooden post…
Legal Article
25/01/21
In a move likely to disappoint insurers, the reforms set to increase the small claims track limit for RTA claims to £5000 and to introduce a tariff for damages levels for whiplash claims due to come into effect in April 2021 have been further delayed until May 2021. We still await the tariff and…
Legal Article
25/01/21
As a Partner in the Large Loss and Complex Claims Department it isn't often that portal claims cross my desk, but I received an instruction last year from an insurer client who had become increasingly frustrated by the lack of progress in a straightforward portal claim. The incident itself…
Legal Article
25/01/21
Forbes, representing a house building construction company, recently successfully applied to strike out a claim brought on behalf of a child who it was alleged had tripped outside his newly built home. Whilst the home was complete there were some works ongoing on the estate and it was alleged that the…
Forbes News
25/01/21
Forbes Solicitors advised on £22million worth of commercial property deals in December 2020, as the total value of monthly transactions returned to pre-COVID levels. Despite trading restrictions imposed by the Government's coronavirus tiering system and a second national lockdown in…
Legal Article
22/01/21
It is estimated that, £23.4bn worth of late invoices are owed to firms across Britain, having a huge impact on businesses' cash flow and ultimate survival. If your customer, client or retailer is leaving invoices unpaid past their due date, you may be required to step in. A great deal of…
Legal Article
21/01/21
Tesco Stores Limited has recently been fined £536,000 by magistrates after a 10-year-old child got an electric shock in its branch in Warfield, Bracknell. The supermarket giant was sentenced at Reading Magistrates Court on 15 December having pleaded guilty to two health and safety offences…
Legal Article
21/01/21
Lightwater Valley Attractions Ltd was fined following an incident where a child was thrown from its Twister ride. On 30 May 2019, a child was ejected from the Twister ride at Lightwater Valley Theme Park in Ripon, North Yorkshire resulting in serious head injuries. An investigation by the…
Legal Article
21/01/21
Covid-19 has had a significant impact on Landlords and their ability to re-gain possession of their properties. Extensions to notice periods, stay on proceedings, a winter truce, have all played their part. Where are we now? What can a Landlord do? Here are some FAQs to help you on your way to re-…
Legal Article
21/01/21
Craig MacKenzie has recently acted for an individual charged with breaches of data protection law brought before the Manchester Crown Court. The case has received a significant amount of media interest and highlights the significance of data protection law and the potential consequences of criminal…
Legal Article
21/01/21
In recent months we have seen an increase in clients approaching us for advice following a separation from their partner or spouse. Many have stated that the pressures of the lockdown and the restrictions have negatively affected their relationship, resulting in the decision to separate. Separating…
Legal Article
20/01/21
In 2020, the High Court handed down a judgement in the appeal case of Thakare v Bhusate [2020] EWHC 52 (Ch). The case involved an out of time claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (the Act). The case is significant as the…
Legal Article
19/01/21
In these unprecedented times retailers are often looking at alternative methods of delivering services to maintain a viable business and seeking to survive the challenges that the current pandemic presents. Accidents and subsequent claims can be time consuming and expensive for retailers even when…
Legal Article
19/01/21
It is the end goal of any lease transaction to achieve an agreement that satisfies both parties' needs. The lease will dictate the complex contractual relationship between the parties to a transaction and so it is essential that all of the key points are addressed. However, at the root of any…
Legal Article
19/01/21
As the scourge of Covid-19 continues to disrupt and reshape our daily lives, the Chancellor of the Exchequer, Rishi Sunak, announced a further £4.6bn relief package for businesses in the retail and hospitality sector on 5th January. The government's support package comes in the form of a…
Legal Article
19/01/21
Many high streets and city centres were struggling under the weight of customers' shift towards online shopping even before the pandemic hit. However, by virtue of forced closures, social distancing restrictions, potential customers working from home rather than in offices near physical stores and a…
Legal Article
19/01/21
As we settle in to our third lockdown it might not be easy for businesses to think about the future and plan their "exit strategy". However, could this latest lockdown provide a unique opportunity for businesses to think outside the box, critique the way they operate and how they utilise their…
Legal Article
19/01/21
A claim to an employment tribunal must usually be made within 3 months less 1 day. This is known as the 'limitation date'. For example, if an employee wants to claim for unfair dismissal, they have 3 months less 1 day from the date their employment ended to make the claim. However this is with…
Forbes News
19/01/21
London Borough of Southwark v Ludgate House Ltd & Anor (2020) EWCA Civ 1637 Ludgate House Limited ("LHL"), the owner of Ludgate House, has been in a longstanding dispute with Southwark over the rates to be paid on the office block. The case started at the Valuation Tribunal in…
Legal Article
19/01/21
The existing Help to Buy Equity Loan Scheme is set to be replaced with a new Help to Buy Equity Loan (2021 - 2023) on 1 April 2021. The new scheme will be extended to first-time buyers only along with the introduction of regional price limits. First-time buyers who apply for the loan must use it towards…
Forbes News
19/01/21
The Metropolitan Police announced in December 2020 that Bellway Homes had admitted damaging or destroying a breeding site or resting place for bats at a construction site in Greenwich, London. Bellway were fined £600,000, which is a record fine and the largest fine ever issued by a court in…
Legal Article
18/01/21
On 4 January, the prime minister announced that the country would be going into the third national lockdown in less than a year and the advice reverted to stay at home except where absolutely necessary for limited legally permitted reasons. Many businesses are required to close again, and workers…
Legal Article
18/01/21
Early in 2020, in direct response to the Coronavirus pandemic, the Government amended Section 74B of the Town and Country Planning Act 1990 to provide a temporary, fast track deemed consent route for developers to apply to local planning authorities to vary existing conditions, or the details submitted…
Legal Article
18/01/21
Following the UK's official departure from the European Union on 1 January 2021, the Environment Bill is set to be one of the most significant pieces of legislation introduced by the Government. The Bill as it stands will incorporate environmental protections covered in EU legislation, as well as…
Legal Article
18/01/21
Under the new lockdown restrictions, the government has urged all employees to work from home unless they cannot "reasonably" do so. The very nature of the construction sector means that this is not possible for construction workers and so despite the tighter restrictions they can thankfully…
Legal Article
18/01/21
During cervical cancer awareness week, it seems appropriate to highlight the benefits of this screening. The NHS estimate that if everyone attended screenings regularly 83% of cervial cancer cases could be prevented. Cervical screening currently prevents 70% of cervical cancer deaths. It is offered…
Legal Article
15/01/21
Following reports from The Federation of Small Businesses (FSB) that 250,000 companies are at risk of closure in the next 12 months, Pauline Rigby, a partner and head of our Corporate team, looks at the restructuring options that can rescue businesses. Restructuring is often overlooked by…
Legal Article
14/01/21
In 2017, the government announced plans to tackle leasehold exploitation following an investigation by The Guardian in 2016, which found that some developers were using contracts on leasehold houses to double ground rents every 10 years, thus making it difficult for leaseholders to sell their homes on.…
Legal Article
14/01/21
Since the key case of R on the application of Mercury Tax Group and another v HMRC [2008] EWHC 2721 was heard over a decade ago, there have been significant developments in respect of the understanding of electronic signatures of legal documents, when they can be used, and their enforceability.…
Legal Article
12/01/21
With the recent announcement of Lockdown Part 3, the Housing Secretary, Robert Jenrick, has announced that the so called "winter truce" will be extended to the 21 February 2021. This means that the restrictions on executing a writ or warrant of execution or restitution, or delivering a notice…
Legal Article
12/01/21
Last week, the education secretary Gavin Williamson stated that schools in England must continue to provide children with high-quality teaching despite the recent lockdown and school closures. The bulk of this education provision will need to be delivered by a mixture of remote teaching and in-person…
Legal Article
11/01/21
The year 2020 brought its own set of challenges and couples saw their relationships tested by the pressures that the global pandemic brought: financial worries, health concerns and spending prolonged amounts of time together. For some, these challenges may have exposed deeper longstanding issues that…
Legal Article
11/01/21
The Chair Donna Ockenden has been tasked with leading the inquiry into more than 800 allegations of poor care at the Shrewsbury and Telford Trust dating back 40 years to the 1970s. The team of experts led by Donna Ockenden will review "multiple maternal deaths, many avoidable baby deaths and many…
Legal Article
07/01/21
After the Christmas break period with schools reopening in January, unions including NEU and UNISON advised teachers not to attend the workplace and issued letters for their members to use when approaching their employers about this. In response to this advice, we advised our clients about the issues…
Legal Article
07/01/21
The leading case JD Sports Fashion plc v Competition and Markets Authority [2020] highlights the importance of regulators taking proactive steps to investigate the impact of Covid-19 on competition. Background · Following the merger of JD Sports and Footasylum in a £90 million-…
Legal Article
07/01/21
The start of any new year is renowned for new beginnings. It is gives people purpose, and you will see individuals set out with good intentions to make positive changes in their lives. With the challenges that many faced in 2020, now more than ever individuals will be looking forward to 2021 and the…
Legal Article
06/01/21
December 2020 was an actioned-packed month with a Brexit deal, more vaccine news and stricter lockdown measures to name but a few developments. It was also a busy and varied month for the Intellectual Property team at Forbes, and this update will briefly focus on some examples of how we have assisted…
Forbes News
05/01/21
Following last night's announcement The Forbes Housing and Regeneration Team want to reassure our clients that we are here to help you get through this, we have done it before and we will do it again. We will work together with you during this evolving situation to ensure your needs are met. We…
Forbes News
05/01/21
Addressing a rise in Anti-Social Behaviour (ASB) during COVID-19 topped the agenda during the first meeting of the Housing Best Practice Partnership Network for West Yorkshire. The Network has brought together more than 40 different organisations so far including registered providers of housing,…
Legal Article
05/01/21
When a Claimant suffers injury they may require treatment in order to help them to recover. This is known as 'mitigation of loss' . The Claimant is entitled to obtain that medical treatment privately irrespective of the availability of state funded care. That was entrenched in the Law Reform (…
Legal Article
04/01/21
Amid a busy festive period with the imposition of stricter lockdown measures and the approval of the latest Covid-19 vaccine was the news that a Brexit deal had been agreed. The deal, which was agreed on Christmas Eve, marked some form of conclusion to the Brexit process which has been ongoing since the…
Legal Article
04/01/21
Back in October, we highlighted the importance of directors being aware of their duties to the company and the risks that they take if they do not ( read our previous article here ). A recent case in the High Court has again emphasised the importance of a director's duties, specifically to…
