Archived News from 2022

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August

Legal Article

Time for Reform of the Statutory Bereavement Award

12/08/22

When a loved one dies there is already so much grief to contend with. If the death was caused by negligence that opens up fresh wounds. No life can be 'valued' in monetary terms, but the law provides a 'token' statutory bereavement award in such cases. This was revised in May 2020 and is…

Legal Article

GPs miss cancer symptoms during video appointments

11/08/22

The Times Newspaper reports "Cancer symptoms are more likely to be missed by GPs because they are now carrying out fewer face-to-face appointments, a study by Oxford University suggests." Early diagnosis is often key to cancer survival and treatment. It is often a difficult balance for…

Legal Article

Claim in regard to the validity of a Will

09/08/22

Our Contentious Trusts and Probate team were instructed to consider the validity of their client's late mother's Last Will in relation to capacity and/or undue influence . The investigations came to no avail and the team were just about to close their file when the client said she had spoken…

Legal Article

Is a four-day week the way forward for UK businesses?

02/08/22

On the 6th of June 2022, the world's largest trial of the four-day work week was embarked upon in the UK. 3,300 workers across 70 UK companies have enrolled on the program from a wide range of industries - from a local chip shop to large-scale corporations. The coordinated trial will run for six…

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July

Legal Article

How hot is too hot (to work)?

25/07/22

The recent record-breaking temperatures and the first ever red heatwave warning from the Met Office has led to calls from some MPs and unions for legislation to be introduced to put a limit on workplace temperatures to 30 degrees, or 27 degrees for workers doing strenuous work. There has also been calls…

Legal Article

Statutory guidance for frontline professionals updated

25/07/22

The guidance was first published in 2014 and relates to the Anti-Social Behaviour, Crime and Policing Act 2014 (ASBCPA), which provides police, local authorities and social housing providers with a range of tools and powers to respond quickly to anti-social behaviour (ASB) and to ensure victims have a…

Legal Article

Duty of Candour and the truth

20/07/22

An article by Oliver Quick says " Healthcare harm is a global public health problem. The World Health Organization estimates that adverse events in medical settings cause more deaths than lung cancer, diabetes, or road injuries, and that 80% of adverse events are avoidable ." " The…

Legal Article

Hospital trust to be prosecuted over baby's death

18/07/22

A hospital trust faces prosecution over the death of a baby 23 minutes after she was born. An inquest concluded that Wynter Adams, a baby that survived only 23 minutes after birth might have survived had it not been for " gross failings " by staff at Queen's Medical Centre in…

Legal Article

How to legally change your name by deed poll

18/07/22

If you wish to change your name for any reason you can do so using a deed poll document. A deed poll is a legal and official document to confirm you have changed your name. Using a deed pool Is the most common way to change your name. A deed pool is a document that contains declarations that you…

Legal Article

Preparedness for Growth - Academisation and other options

12/07/22

One of the key takeaways from the Government's White Paper on Education was that schools are going to be expected to be part of a strong academy trust by 2030. However, whilst the Department of Education has set out the destination it wants schools to reach, the journey on how to get is still…

Legal Article

Commercial contract considerations for Schools

11/07/22

More so than ever, schools and education establishments are taking over a greater proportion of the procurement of goods and services necessary for their effective operation, often through entering into commercial supply agreements and contracts. It is estimated that after wages, schools spend more than…

Legal Article

Getting Subject Access Requests (SARs) Right

07/07/22

What are subject access requests? Individuals have a right to access and receive a copy of their personal data under the UK general Data Protection Regulation (GDPR) and this is known as a subject access request (SAR). A SAR can be made verbally or in writing and this includes via social media…

Legal Article

Preventable Suicides - The Priory Group Failings

05/07/22

The Priory Group is the country's biggest independent provider of psychiatric services and obtains thousands of referrals from the NHS every year. Over the years the Priory Group has been continuously criticised by coroners and inquest juries for failing to keep patients safe. Following an…

Legal Article

Prevention of Suicide

01/07/22

Suicide is a national crisis in the United Kingdom, with over 5000 suicides in England alone in 2021. The impact of every single one of them undoubtably devasting. This has been demonstrated by the suicide prevention charity CALM's Southbank exhibition in June 2022. 'The Last Photo'. The…

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June

Legal Article

The Renters Reform Bill

28/06/22

The Renters Reform Bill is shortly due to receive royal assent, the Bill aims to 'level up' the private rented sector, ensuring that the percentage of none-decent homes is greatly reduced, tenants are protected against the rising cost of living and the balance of power between landlords and…

Forbes News

Centre for Cities - Realising Regional Growth: What next for Greater Manchester?

23/06/22

At a recent Centre for Cities event in Manchester, there was a focus on innovation and regeneration in the North to maximise growth and productivity. It brought together academics, politicians and professionals from a vast array of disciplines such as law, banking, insurance and universities. Lord…

Legal Article

Time for a Change - Tenant's Alterations in Commercial Leases

22/06/22

It is common for tenants of commercial properties to wish to make physical alterations to a property during the term of their lease, to adapt the property to fit the tenant's way of working and to ensure that the property continues to meet the operational needs of their business. If the tenant…

Legal Article

Product safety... are you complying with the law and are you protected?

21/06/22

If you make, import, distribute or sell consumer products in the UK, you are responsible for making sure that they are safe for consumers to use and to follow any legal requirements required in relation to ensuring the product is safe. If you do not comply with these legal obligations and products are…

Legal Article

Could agency workers resolve the disruption caused by Industrial Action?

20/06/22

The current legal position surrounding business disruption caused by industrial action is that if your business faces industrial action, employers are unable to recruit agencies to supply workers specifically to cover work that is not being done by lawful industrial action, however, that could soon be…

Forbes News

Forbes Solicitors Promotes Four New Partners

20/06/22

Forbes Solicitors has announced the promotion of four new partners as part of 18 promotions across the firm. Jenny Burke and Nick Hodgson become the firm's third and fourth partners in Forbes' 13-strong corporate and restructuring team, while Gemma Duxbury in the governance, procurement and…

Legal Article

Mergers and Acquisitions - The Solution to Your Supply Chain

16/06/22

The Pandemic, Brexit and war in Europe have wreaked havoc on our supply chains. Outsourcing used to be the ultimate business model, outsourcing ancillary activities at an arm's length so that businesses could focus on what they do best. It was efficient and it was affordable. However, all of that…

Legal Article

An Update on the Fire Safety of High-Rise Buildings

14/06/22

In March 2020, following the Grenfell tragedy in June 2017, the Fire Safety Bill was introduced into Parliament. The Fire Safety Act 2021 set out to demolish any previous loopholes from the previous Regulatory Reform (Fire Safety) Order Act 2005 (FSO). It provides significant development on the issue…

Legal Article

Coming up: Simplification of Apprenticeships

14/06/22

From August 2022, the government will make the apprenticeships programme simpler for employers to use. It hopes to make the system more user friendly by reducing 'bureaucratic burdens'. The improvements are set to include: · Making it simpler for individuals to accelerate their…

Legal Article

GDPR Low Value Claims Update. Meeting the threshold of Seriousness?

09/06/22

Although it still remains unclear as to what the tariff for compensation should be, where the de minimis threshold for a data breach claim is satisfied, it is clear to see that the High Court are taking a firm stance on imposing restrictions on low value cases, making them disproportionate to bring,…

Legal Article

One in 10 nurse posts in England are going unfilled

07/06/22

Royal College of Nursing (RCN) general secretary Pat Cullen said patients were going without the care they needed because of a shortage of nurses. Ms Cullen will set out her concerns in detail during her speech to the RCN's annual conference. It comes after the union gathered feedback from…

Legal Article

Travel Chaos - is there a solution?

07/06/22

It is no secret that the travel and aviation industry is currently struggling to cope with demand post Covid-19. The news is inundated with reports of holiday and flight cancellations and several hour delays at airports in security, check-in, and delays in retrieving luggage at airports all over the…

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May

Legal Article

The 'Great Resignation'

30/05/22

2021 was the year deemed to be the 'Great Resignation' whereby employers witnessed mass resignations. Indeed, figures at the end of November 2021, evidenced that 4.5 million people had resigned from their positions, leading to the huge question as to why? Was this, as many espouse, a result of a…

Legal Article

999 cover up

24/05/22

How long it takes an ambulance to arrive may determine the outcome for that person. In the case of Kent v Griffiths (2000), the unanimous judgement in the Court of Appeal held that the acceptance of a call and dispatch of an ambulance established a duty of care. In that case an ambulance…

Legal Article

Levelling the costs playing field ?

23/05/22

The Government has proposed specific rule changes to the QOCS regime following the Supreme Court judgment of Ho v Adelkun [2021] UKSC 43 and has opened a consultation to consider the proposals. The Qualified One Way Costs Shifting regime (QOCS) was introduced to personal injury cases in 2013…

Legal Article

Never Never Land

23/05/22

The Times Newspaper reports that "Between April 2021 and March 2022 more than 400 patients in England's hospitals suffered errors so serious that they should never have happened. They include the wrong hips, legs, eyes and knees being operated on, and diabetic patients being given too much…

Forbes News

Forbes Solicitors names Rigby as Managing Partner and expands Exec Team

23/05/22

Pauline Rigby has been named as managing partner of Forbes Solicitors, having been with the firm for 20 years since joining as a trainee. The firm has also expanded its executive team to drive further growth and continue to strengthen its people-centred culture. Pauline succeeds Daniel King, who…

Legal Article

RPDT - Residential Property Developer Tax

20/05/22

RPDT is a new tax on profits of companies carrying out Residential Property Development activities, and is intended to cover the costs of replacement unsafe cladding. It will only apply on accounting periods which come to an end on or after April 2022. The tax will apply to profits above a £25m…

Legal Article

Adjudication

19/05/22

What is Adjudication? Adjudication is best described as either a contractual or statutory procedure for a swift and interim dispute resolution. It is provided by a third-party adjudicator who is independent to the dispute and generally agreed by the parties in dispute. It is a form of alternative…

Legal Article

It's Been a Privilege - Protecting Post-Accident Investigations

19/05/22

There are some aspects of law which even confuse Judges, and one of those which crops up time and again is legal professional privilege. Whilst it may seem to be something best left to lawyers to entertain themselves with in a dreary Court on a rainy Monday afternoon, understanding the principles can…

Legal Article

Construction companies struggling with under-priced contracts as costs increase

19/05/22

As the height of the pandemic continues to recede, contractors still face several ongoing issues, including sky-high materials prices and staff shortages. Construction cost inflation in 2022 is currently unprecedented, and after having decades of price stability in the supply of labour and materials,…

Legal Article

Data Reform Bill Announced in Queen's Speech

12/05/22

Background During the Queen's Speech on 10 May 2022, the government announced it was introducing the Data Reform Bill to enable the UK to reform its data protection regime and deviate from EU rules established by the EU's General Data Protection Regulation (EU GDPR). Following Brexit…

Legal Article

Long Covid: What types of claims do employers need to be aware of?

12/05/22

People suffering from long Covid have reacted with alarm to comments by government's equalities watchdog, that the condition should not be treated as a disability. In a tweet posted on Sunday night, the Equalities and Human Rights Commission (EHRC), said: " Discussions continue on whether…

Legal Article

Glaucoma - The importance of monitoring and treating the eye

09/05/22

The importance of monitoring and treating the eye for the presence and progression of glaucoma has been highlighted in a BBC article . In this case an 80-year-old woman lost her sight in one eye after regular hospital eye clinics were cancelled due to the pandemic. In 2019 she reports being…

Legal Article

Taking Mental Health Seriously

09/05/22

Each time we consider a new 'suicide case' we know what failings to look for and the far reaching impact on the family left behind. We see the same mistakes by the NHS and their private partners. Whilst researching another unnecessary death I came across a Sunday Times article highlighting…

Legal Article

The Motor Vehicles (Compulsory Insurance) Bill

09/05/22

On 21 February 2021, the UK government announced that it intended to remove the effects of the decision made in the case of Damijan Vnuk v Zavarovalnica Trigalev (C-162/13), ("Vnuk") from UK law. The Vnuk case involved Mr Vnuk who was a farmworker, was knocked off a ladder in a farmyard by a…

Forbes News

Forbes Solicitors Strengthens Manchester Offer With New Hires

09/05/22

Forbes Solicitors has made a trio of appointments in its employment team as the firm continues to grow its presence in the Manchester market. The new hires will be based in Forbes' Manchester office and will work closely with the firm's 23 strong employment law team, as well as the firm'…

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April

Legal Article

Surrogacy and the Law: A time for Reform?

28/04/22

Surrogacy is the process by which a child is carried through pregnancy by a woman who has entered into an agreement (before she started to carry the child) with the intention that, at birth, the child and parental responsibility for it will be transferred to the intended parents and that those persons…

Legal Article

Burnt On The Operating Table

25/04/22

The Times report this week about the hidden risks of burns on the operating table. 'Hidden' risk of patients burnt on operating table | News | The Times The normal risks of anaesthesia and surgery are not the only ones that patients face in operating theatres. The possibility of fire…

Legal Article

Employment Tribunals - Road Map 2022-2023

21/04/22

As the country and businesses continue to manage it's way out of the pandemic, the Employment Tribunal's are no different. Given the events of the last two years the Employment Tribunal system has faced increasing pressures which has led to a backlog in the processing, management and listing of…

Legal Article

Times Report - Trust Failures Result in Tragedy

12/04/22

The Times newspaper has reported today on the sad case of Matthew Caseby . The 23 year old escaped by jumping over a fence at the Priory Hospital in Woodbourne, and was killed by a train during a psychotic episode. Matthew's care has come under scrutiny, because it was known that vulnerable…

Legal Article

Social Housing Reform Update

11/04/22

Background The Government has recently published sample draft clauses and explanatory notes in the Social Housing (Regulation) Bill which set out how it intends to deliver the policies outlined in the Social Housing White Paper. The Government is publishing these changes almost a year and a half…

Legal Article

Unsafe Maternity Services

11/04/22

Times newspaper reports that "Babies' lives are at risk because maternity units are still unsafe" https://www.thetimes.co.uk/article/almost-half-of-nhs-maternity-services-in-england-are-unsafe-lf7q7jlbm?shareToken=4b0b88dfae12089971ee8efb94febf24 The headlines continue about…

Legal Article

Brachial Plexus Injuries at Birth

11/04/22

What is Brachial Plexus? Obstetric brachial plexus injury (OBPI), also known as birth brachial plexus injury (BBPI), is an injury more commonly seen in new-born children. It is an injury to the brachial plexus nerves. An injury occurs when the nerves are stretched, compressed, torn/pulled/…

Legal Article

GP Delay - Times Report Today

08/04/22

Third of patients find they have cancer only at A&E The Times Newspaper reports "Some 326,000 fewer people in England received an urgent referral from a GP to a specialist for suspected cancer during the first year of the pandemic. Cancer screening programmes were also halted, while many…

Legal Article

Update: Tenant Access to Information Scheme

05/04/22

Back in November 2020, the government published the Social Housing White Paper which set out proposals to drive up standards and improve the regulation of the social housing sector in the wake of the Grenfell Tower fire. One of the proposals related to introducing a new access to information scheme…

Legal Article

Questions We've Been Asked In March 2022

04/04/22

Q: How should we deal with a grievance that is raised by an employee during a disciplinary process? A: If a grievance is raised during a disciplinary process the usual process may be to temporarily suspend the disciplinary process to deal with the grievance, however, there is no legal requirement…

Legal Article

Living with Covid-19: Workplace Implications

04/04/22

There is no longer a legal requirement to self-isolate following a positive COVID-19 test and individuals instead will have the autonomy to exercise their own personal responsibility on whether to isolate. In terms of the consequences of this for the workplace, it will be up to employers to implement…

Legal Article

Divorce top tips - how to try and take out the stress

01/04/22

When a couple enters into marriage, they are full of hope for the future. On occasions, marriages run out of life, but in most circumstances, the divorce is a shock and an upsetting process for one spouse or the other. Something that was intended to be forever is suddenly brought to an end and it…

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March

Legal Article

Hughes v Pritchard 2022 EWCA Civ 386

31/03/22

The case of Hughes v Pritchard [2022] EWCA Civ 386, considered the important issue of the proper weight to be attached to a will drafter's evidence, and a medical practitioner's assessment of testamentary capacity. The case concerned Evan Hughes (the Deceased), who died in March 2017, aged…

Legal Article

The Way Nature Intended

29/03/22

The Times Newspaper reported this weekend that there was drive at the Shrewsbury NHS to encourage natural births as opposed to caesarean sections. The NCT( Natural Childbirth Association) use to advocate for fewer interventions, arguing that birth was primarily a natural process and that women…

Legal Article

The issues faced by carers during the Covid 19 pandemic

28/03/22

As frequently highlighted by the media over the course of the last 2 years, one of the most highly affected employment groups during the pandemic were those providing care for others. This sector took care of some of the most vulnerable members of society during the various lockdowns implemented in the…

Legal Article

April Employment Essentials for HR

28/03/22

April 2022 sees six major changes for employers. It is vital that HR teams familiarise themselves with the updates prior to their enforcement and ensure that its existing policies are compliant and updated with any mandatory obligations. Procedure and policy documents should be subject to regular review…

Legal Article

Ministry of Justice served with Enforcement Notice by the ICO

23/03/22

On the 18th January 2022, the ICO published that enforcement action was to be taken against the Ministry of Justice for its contravention of Section 45 of the Data Protection Act 2018 and Article 15 of the EU/UK General Data Protection Regulations, in that it had failed to provide over 7,500 data…

Legal Article

Stadler v Currys

16/03/22

The Case The claimant (Mr Stadler) had purchased a TV from Currys in 2016. He then had cause to return the TV for repairs, but before doing so he did not log out of the various apps, he had installed. The defendant (Currys) were unable to fix the TV, and as it was not economically viable to repair…

Legal Article

Shrewsbury and Telford Hospital NHS Trust Maternity Unit

15/03/22

We reported in December 2019 about the failings of the Shrewsbury and Telford Hospital NHS Trust Maternity Unit. This was after a significantly high number of baby death, including stillbirths, deaths of mothers, babies left with brain damage, babies dying within 3 months of birth and deaths during…

Legal Article

First Do No Harm

15/03/22

"First do no Harm" is part of the Hippocratic oath that many medical schools still insist their graduates take as part of the qualifying process to become a doctor. The recent Court of Appeal decision in Tindall v Chief Constable of Thames Valley Police (2022) EWCA Civ 25 suggests that a…

Legal Article

The New Draft Vertical Agreements Block Exemption Order

14/03/22

On 21 February 2022, the Department of Business, Energy and Industrial ("BEIS") published its awaited draft of The Competition Act 1998 (Vertical Agreements Block Exemption) Order 2022 ("draft VABEO") which will replace retained EU law - the retained Vertical Agreements Block…

Legal Article

NHS cancer test results within 28 days

11/03/22

The Times Newspaper reports "Patients with suspected cancer will be promised a diagnosis within 28 days under NHS plans, but a present target to get them in front of a specialist within a fortnight will be abandoned" "Two further measures are a maximum two-month wait from urgent…

Legal Article

The (continuing) emergence of turnover rents

10/03/22

Turnover rent is a long-established concept in the UK, having been used since at least the 1980s. It became a hot topic throughout the pandemic; the number of turnover rent structures began to increase and many wrote that it was the future of retail. This had been fuelled by the uncertainty which…

Legal Article

Additional Delays to the Implementation of the new Liberty Protection Safeguards

09/03/22

Due to new legislation, Mental Capacity (Amendment) Act 2018, Deprivation of Liberty Safeguards were to be replaced by Liberty Protection Safeguards (LPS) in early 2022. The already delayed LPS implementation date of April 2022 has now been delayed further with no new date likely for implementation of…

Legal Article

Legal and Religious Divorce

09/03/22

The media have recently reported that a Manchester man has been convicted in an English Court for controlling behaviour, and may face a custodial sentence, for denying his wife a Get (Jewish religious divorce). Whilst the refusal of the husband to obtain the Get was one of several factors that…

Legal Article

DJ Obi provides significant judgment in the case of AB

09/03/22

Deputy High Court Judge Margaret Obi delivered a significant judgment in the case of AB v Worcestershire County Council & Anor [2022] EWHC 115 (QB) . Breaches of Article 3 and Article 6 of the ECHR were being alleged by the Claimant. The claim for AB was brought on his behalf by the Official…

Legal Article

Limitation in Commercial Disputes

09/03/22

Almost all commercial claims are subject to limitation. That is, in essence, the period of time by which court proceedings have to be issued following the accrual of the cause of action. If proceedings are not commenced by this deadline, then the case is at risk of being time-barred. Limitation…

Legal Article

Waste Packaging Recycling Fraud

08/03/22

Recycling and the PRN System The momentum behind the sustainability movement has drastically increased the obligations placed on UK companies to recycle waste plastic. Resultantly it is anticipated that by 2030 UK companies will be expected to recycle 70% of waste plastic material. While…

Legal Article

STRESS: A pandemic in its own right in teaching? The after-effects of Covid-19

07/03/22

Undoubtedly, everyone has been affected in some way over the course of the past 2 years as a result of the Covid-19 pandemic. When the order was issued to work from home, some people were of course able to work from home, thereby reducing the risk of contracting the virus, however, many people were key…

Legal Article

ICO Reprimands Scottish Public Authorities For Privacy Notice Failures

07/03/22

Background The ICO has announced that it has issued a reprimand to the Scottish Government and NHS National Services Scotland for failing to comply with the UK General Data Protection Regulation (UK GDPR) in relation to the NHS Scotland Covid Status App. The reprimand has been issued after…

Legal Article

School Fined After Field Trip Ends In Mountain Rescue

04/03/22

A teacher and a teaching assistant from Gateshead Cheder school led 13 boys up the icy and snowy Helvellyn mountain in the Lake District in March 2020. The school admitted 'mistakes were made' over the field trip, which resulted in one pupil falling on the 3,000-foot high mountain and…

Legal Article

Manufacturing company fined after workers exposed to risk

04/03/22

A metals fabrication company has been sentenced for health breaches after several workers were diagnosed with hand arm vibration syndrome (HAVS) or carpal tunnel syndrome. The company was visited by the Health & Safety Executive in March 2018 following a concern received from an employee.…

Legal Article

Practical Jokes and Vicarious Liability

04/03/22

The Court of Appeal have upheld the High Court's finding that an employer was not liable for a contractor's injury that was caused by a practical joke played by one of its employees. We reported the High Court's decision in the case of Chell v Tarmac here at the time. In summary the…

Legal Article

Changes to the Highway Code

04/03/22

From 29th January 2022 the rules for all types of road users have been updated in the Highway Code to improve the safety of people walking, cycling and riding horses. The aim of the new rules is to significantly reduce road casualties and the Highway Code states that "cutting the number of deaths…

Legal Article

Confidential Information and Employment Tribunal proceedings

04/03/22

When an employee leaves your employment what do you do to ensure that they have returned all your confidential information? Most employers rely on either a contract of employment setting out the obligations on an employee to return company property on exit or on asking an employee to provide a written…

Legal Article

Testing Times

02/03/22

In a recent article in The Times Newspaper urges people to get their eyes tested. Looking after our eyes is vital, especially as we get older. Regular check ups are recommended to ensure there is no risk of glaucoma or detached retina. Glaucoma is caused by the death of cells causing visual field…

Legal Article

Statutory Sick Pay Rebate Scheme Closure

01/03/22

The Statutory Sick Pay Rebate Scheme will close on 17 March 2022. Essentially, employers will no longer be able to claim back Statutory Sick Pay for any of their employees' covid-related absences or subsequent isolation that occur post this date. Employers have until 24 March 2022 to submit any…

Legal Article

Commercial Property - The Road to Net Zero?

01/03/22

In our previous edition we wrote about "green" leases and how the parties to a lease may seek to agree terms in a lease or side agreement that focus on improving the environmental position of a building. The parties (particularly a landlord) may simply be motivated by a desire to meet…

Legal Article

NHS maternity units abandon targets for caesarean sections

01/03/22

The Times Newspaper has recently reported that NHS maternity units have been informed that they should not be focusing on the need to deliver babies naturally and should not be avoiding performing caesarean sections on mothers in order to meet targets to comply with delivery being natural. NHS…

Legal Article

Misdiagnosis of ovarian cancer

01/03/22

The Times Newspaper has recently reported that there is a serious lack of awareness around the warning signs of ovarian cancer and the symptoms are often mistaken for common conditions such as cystitis or IBS, by both individuals suffering and the doctors investigating. Target Ovarian Cancer…

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February

Legal Article

Commercial Law Update

28/02/22

There have been a number of developments recently within Commercial law, from updates on electronic execution of documents, the Brexit Bill that has come into place and new cases that have come to light updating the law. We have provided a brief overview on each update below. Electronic Execution…

Legal Article

Considerations for growing your manufacturing business

28/02/22

When growing a business there are a number of routes to consider. Whether it be organic growth over time or expanding quickly through mergers and acquisitions ( M&A ), it is important you carefully consider the options and ensure you have taken the necessary specialist advice. Organic growth…

Legal Article

Smart Contracts shall we embrace them or hold off for now?

28/02/22

Smart contracts are said to be the next revolution of contracts. Although a smart contract sounds like a legal instrument, a smart contract is actually a computer program that performs a task when triggered by the occurrence of a predetermined event. Smart contracts live on blockchain, which processes…

Legal Article

Compartment Syndrome

28/02/22

What is compartment syndrome? This is a limb threatening condition that is usually associated with fractures, mainly of the tibia - more commonly known as the shinbone. What problems can arise? If treatment is delayed or missed it can lead to significant long-term problems. Compartment…

Legal Article

HSE prosecutes school

28/02/22

With school trips re-commencing both for days out and for weekends away, it is important that schools carefully consider the guidance provided by the Health and Safety Executive before ascending up mountains or embarking upon open swimming or water sports activities. There are two types of visits…

Legal Article

Forbes' Employment Team - Tribunal work for Registered Providers

24/02/22

Aside from the provision of routine advice to our clients, the Employment team at Forbes has significant experience in working with housing associations on specific projects, including running grievance and disciplinary investigations, and advising on each stage throughout restructures. We also support…

Forbes News

What are the Housing Aspects of the Levelling Up White Paper?

24/02/22

The government has recently published its flagship Levelling Up White Paper, a plan which sets out 12 "missions" that the government will aim to achieve by 2030. The most relevant mission affecting the housing sector is "By 2030, renters will have a secure path to ownership with the…

Legal Article

ICO Enforcement over Subject Access Request Backlog

24/02/22

The Ministry of Justice (MoJ) has recently received an Enforcement Notice from the Information Commissioner's Office (ICO) following a substantial backlog of subject access requests described by the ICO as being of "significant concern". The ICO has found that the MoJ failed to adequately…

Legal Article

A boost to supported housing needs

24/02/22

In December the Government published their Social Care White Paper which sets out the Government's plans to address adult social care issues over the next 10 years. A key component is to plunge "at least" £300m into supported housing between 2022 and 2026, at a time when "we do…

Legal Article

Getting in Early - The Role of Mediation in Achieving Successful ASB Case Outcomes

24/02/22

Early intervention is key to tackling Anti-Social Behaviour. As practitioners, it is important that we explore and have access to the full range of options before considering legal enforcement action. Mediation is undoubtedly one of these options however, the timing of referrals is critical to achieving…

Legal Article

Implied term that a disciplinary process will be conducted fairly?

24/02/22

Burn v Alder Hey Children's NHS Hospital saw a claim brought by an employee seeking an injunction preventing her employer moving forward with the disciplinary process she was subject to, until an issue of disclosure was dealt with. The claimant considered that a contractual right to see correspondence…

Legal Article

Fourth time lucky? Gove's plan to fix the Cladding Crisis

24/02/22

In January Michael Gove gave a fully funded plan of action to allegedly 'fix' the cladding crisis. Gove warned the residential property developer industry that he will take all steps necessary to make it happen, including imposing legal solutions, to make developers pay. The Government also…

Legal Article

Ali v Luton Borough Council

23/02/22

In the recent judgment of Ali v Luton Borough Council [2022] EWHC 132 (QB), the High Court have applied the principles governing vicarious liability used in the previously decided Supreme Court decision in Various Claimants v Morrisons Supermarkets [2020] AC 989. Background to the Case The…

Legal Article

Innocent until proven guilty

22/02/22

The Supreme court has ruled that "suspects have a right to privacy and cannot be named by the press before they are charged". The case concerned Bloomberg who published an article about a prominent US citizen and chief executive, of a prominent business, alleging that they were the…

Legal Article

What to expect at a Financial Dispute Resolution

22/02/22

If, after separation from your spouse or civil partner, you have not been able to reach an agreement as to how to separate the assets with the assistance of mediation or solicitors, the next step is to apply to court for financial remedy. Once a party has issued an application, the court will issue…

Legal Article

Starting an eCommerce Business? What are the Legal Considerations?

21/02/22

When establishing an eCommerce business, there are several factors that ought to be taken into consideration, such as business structure, market research and scalability, brand creation, and domain name registration. However, eCommerce businesses also have legal responsibilities just as much as any…

Legal Article

Government update on Commercial Tenant Rent Arrears

18/02/22

Recap of our June update In June 2021 we discussed that despite the Government being sympathetic towards commercial tenants during the pandemic, landlords were still able to reclaim rent arrears through the courts. The overarching advice from the Government in its Code of Practice was that…

Legal Article

Mental Health and Failure to Prevent Suicide

17/02/22

The sad case documented by the BBC of Gary Mavin highlights a publicised case where multiple failings in mental health led to the death of a 54 year old man. In this example there was a misdiagnosis by a consultant psychiatrist. 'Leah Mavin told the BBC her 54 year old husband entered the…

Legal Article

ICO Issues Fine for Failure to Comply with Privacy Rules

11/02/22

The ICO has this week announced it is fining Tempcover Limited £85,000 for sending a total of 29,970,419 unsolicited direct marketing messages to subscribers without valid consent. Background Tempcover Ltd is a company that provides short-term motor insurance and is a controller under…

Legal Article

Cogent Potency

10/02/22

Cogent potency is often used by the courts when considering claims brought by pedestrians against drivers of vehicles. Basically, it means the bigger you are, the hard you hit and the more damage you may cause. The new Highway code reflects this and puts the hierarchy of road users as follows: &…

Legal Article

ASB injunction with a positive requirement

10/02/22

Rebecca Webster of Forbes Solicitors' ASB Team has been successful in obtaining an interim anti-social behaviour injunction with a positive requirement relating to access into the property of a tenant of a large social landlord in the Midlands. Anti-social behaviour included an unprovoked violent…

Legal Article

Clerical Errors

09/02/22

The Times reported last week that a child was fighting for his life after a clerical error caused a delay in diagnosing a brain tumour. Eight year old Alexander Josephs mother described how she woke up in the middle of the night in September 2020 to find her son having a major seizure. He was…

Legal Article

Drug and alcohol misuse at work

07/02/22

Royal Mail has recently launched an investigation after footage appeared to show postal workers under the influence of drugs. According to a caption, the workers accidentally ate 'hash brownies' and had to be helped because of the impact the drugs had on them. The video claims staff ate the…

Legal Article

Rogue employees and Data Breaches

04/02/22

In an important decision for local authorities and other organisations handling sensitive data, the High Court has clarified and applied the principles governing vicarious liability set out by the Supreme Court in the earlier judgment in Various Claimants v Morrisons Supermarkets [2020] AC 989.…

Legal Article

Director's Duties & liability

03/02/22

Directors, shareholders and, indeed, the company itself are all separate legal personalities and entities, each of which assume separate legal rights and obligations. Directors are duty bound to promote their company's success and must not act in a way to diverge from this in favour of actions that…

Legal Article

No Legal Aid for Bereaved Families

02/02/22

A few weeks ago, the Government announced that means testing would be removed for legal aid to fund inquests in exceptional cases. It was hoped availability of public funding would be expanded to other inquest cases. Labour proposed some amendments to the Judicial Review and Courts Bill which…

Legal Article

What is Independent Legal Advice and when is it used?

01/02/22

Independent Legal Advice (ILA) means impartial advice provided by an independent solicitor. The idea behind an ILA is to protect an individual from signing any document before understanding the risks of the transaction. An independent advisor will sign a certificate confirming that they have provided…

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January

Legal Article

Cyclists pedal to middle of the road under new Highway Code

31/01/22

On Saturday the 22nd January 2022, the Government and Department for Transport introduced a new hierarchy for road users as part of the Highway code. Top of the list are pedestrians, followed by cyclists, horse riders, motorcycles, cars, taxis and lastly HGV's. Effectively each will have priority…

Legal Article

Considerations for growing your business and choosing the best option for you

31/01/22

When growing a business there are a number of routes to consider. Whether it be organic growth over time or expanding quickly through mergers and acquisitions (M&A), it is important you carefully consider the options and ensure you have taken the necessary specialist advice. Organic growth…

Legal Article

Environment Bill

31/01/22

On 9 November 2021, the Environmental Bill 2021-22 received Royal Assent, which became the Environment Act 2021. The bill passed three years after its first proposal to deliver and administer environmental considerations in the wake of Brexit. The aim of the bill is to create a stricter legal framework…

Legal Article

New Hotline for Cancer

28/01/22

Last week the Times Newspaper reported on a new Hotline for cancer. Specialist cancer nurses will be available to advise patients worried about their symptoms, if they are not being listened to or are having difficulty accessing their GP. There is a lot of talk in the press about the "…

Legal Article

Environmental Litigation - A Sea Change?

27/01/22

It is nigh on impossible to visit the website of any reasonable-sized construction company nowadays without seeing words like "sustainability", "ESG", and "social footprint". Historically used as mere buzz words to drive online traffic, environmental issues are increasingly…

Legal Article

Going after developers for the cladding crisis - is this enough?

27/01/22

Michael Gove has written a letter to the residential property developer industry requiring developers to agree a plan of action by early March including remediating unsafe cladding on 11-18 metre buildings, currently estimated to be £4 billion. Developers are warned that they must pay to fix the…

Legal Article

Two all-girl schools opted to no longer accept transgender pupils

27/01/22

It has recently been reported that two single sex schools, within the Girls' Day School Trust, have changed their admissions policy and will only be admitting pupils based on their legal sex, recorded on their birth certificate, rather than their gender identity. The decision has been taken in order…

Legal Article

Construction disputes on the rise post-pandemic

26/01/22

As more and more disputes arise it is important to consider alternatives to the traditional method of dispute resolution, not only for economical reasons but also for quicker swifter solutions which in some instances are far beyond the scope of what the Court may be able to order. Why are we facing…

Legal Article

Care home company fined after a resident choked to death

26/01/22

HC-One Limited has been fined following an incident when a resident choked to death on a jam doughnut. A resident of Orchard Care Home, Lychgate Road, Tullibody, was given a piece of jam doughnut to eat on 7 August 2019. The resident had previously suffered from a stroke and had been diagnosed with…

Legal Article

Fooling around at work

26/01/22

The Court of Appeal has just handed down a judgement in the case of Chell v Tarmac . Mr Chell was contracted to work at Tarmac as a fitter. Tensions arose between Mr Chell and fitters employed by Tarmac. One of the fitters decided to play a trick on him, by putting two explosive pellets on a bench…

Legal Article

Infections during Pregnancy

24/01/22

If an infection occurs during pregnancy and it is not managed properly it can have a serious impact on the baby. It is a risk factor for the development of Group B Streptococcus (GBS) in a newborn. This can attract pregnancy injury compensation claims where it has not been appropriately managed.…

Legal Article

Refusal of vaccination found to be a fair reason to dismiss care home employee

21/01/22

Allette v Scarsdale Grange Nursing Home Ltd Background The claimant in this case worked as a care assistant in a nursing home which provided residential care for dementia sufferers. In December 2020, the roll-out of the covid vaccine to residents and staff was due to begin, however this had…

Legal Article

Council prosecuted after a member of the public killed by falling tree

19/01/22

Staffordshire County Council has been prosecuted for failing to inspect and maintain trees on a public footpath, following the death of a member of the public. The Court heard how, on 3 October 2019, a man walking his dog on the Isabel Trail in Stafford was struck and killed by part of a falling…

Legal Article

LLOYD v GOOGLE: The Big Ones Get Away?

19/01/22

To some observers, civil claims for compensation for often relatively trivial breaches of a person's data, represent the opportunity for some legal firms to replace diminishing whiplash or holiday sickness claims with a new source of work. One potential avenue for claimant firms looking to diversify…

Legal Article

The construction company and its groundworks contractor sentenced

19/01/22

A construction company and its groundworks contractor have been fined after unsafe excavation work left a worker with serious burns to his hand and arm. A groundworker was preparing the ground to install a post to carry an Automatic Number Plate Recognition Camera (ANPRC) on 2 August 2018.…

Legal Article

Defendants unable to offset 'costs against costs' in QOCS cases

19/01/22

In a blow to Defendants, the UK Supreme Court in the case of Ho v Adelekun (2021) UKSC 45 unanimously agreed with the appellant Claimant that a Defendant cannot automatically off set 'costs against costs' under the Qualified One-Way Costs Shifting (QOCS) regime. QOCS applies to most…

Legal Article

Forbes at Trial - R v Wigan Council

19/01/22

In the current situation when schools are being advised to open windows to ensure adequate ventilation to avoid Covid-19 transmission, this case is a useful reminder of issues that can arise. Forbes successfully defended this claim on the basis that there was a safe system of work, and that the…

Legal Article

When the claimant's evidence doesn't get him past first base

19/01/22

Mr Rigby brought a claim against Wigan Council alleging that he had tripped and fallen as a result of a significant pothole in a road. The matter was listed for a two-day trial but all came crashing down for the claimant before lunch on the first day. His first problem was that two of his…

Legal Article

Claimant author of his own misfortune when he fell on the roof of a transit van

19/01/22

ML fell from the roof of a transit van in the course of his employment. He was strapping vinyl flooring onto the roof rack, as this was too large to fit inside the van. He accessed the roof via the fixed ladder on the back of the van contrary to instructions. As he stepped back he tripped over the…

Legal Article

Testicular Torsion - Why time is of the essence for diagnosis and treatment

18/01/22

The clinical problem Torsion of the testis occurs in young men, usually between puberty and 30 years of age. If not treated within six hour 'window of opportunity' there is a high risk of testicular damage or death. The importance of taking an in-depth history is essential to diagnose…

Forbes News

Cervical Cancer Prevention Week

17/01/22

This week is cervical cancer prevention week One in three women and people with a cervix don't attend cervical screening however cervical cancer prevention doesn't stop at screening. 220,000 women and people with a cervix every year are told they have cervical cell changes after their…

Legal Article

Court of Appeal look at secondary victims

14/01/22

This week the Court of Appeal considered the issue of whether relatives in three separate cases, could claim damages after they witnessed the shocking death of a close relative when the NHS failed to diagnose their loved ones life-threatening condition. Paul v Royal Wolverhampton NHS Foundation Trust…

Forbes News

Forbes Score! Football Banning Order Application

13/01/22

Craig MacKenzie, a Solicitor Advocate in our multi-disciplinary Regulatory law team successfully opposed an application brought by the CPS and police. They were seeking a Football Banning Order against a young man who had been convicted of a 'football related offence'. A Football Banning…

Legal Article

IKEA cuts self-isolation sick pay for unvaccinated staff

11/01/22

IKEA has confirmed that it has cut sick pay for its unvaccinated UK staff, without mitigating circumstances, who would be required to self-isolate due to close contact with someone with Covid-19. The furniture retailer said workers who have not been jabbed will receive only statutory sick pay of £…

Legal Article

Cyclist and Pedestrians will get priority on the road over motorists

06/01/22

Lancashire Live reported in December that T he Highway code is about to change and motorists are urged to educate themselves. In relation to vulnerable road users. These are usually considered to be pedestrians, cyclist, horse riders, and users of mobility scooters. The main focus being on…

Legal Article

Government removes means test for exceptional case funding for Inquests

05/01/22

The Government has announced that from the 12th January 2022, exceptional case funding for Inquests will no longer be means tested. Prior Position Prior to January 2022, all bereaved families requiring legal representation at an Article 2 Inquest, had to go through a process, for the Legal Aid…

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