Legal Article
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
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
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
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…
Legal Article
28/07/22
The Health and Social Care Select Committee published a damning report on 25th of July 2022. The Workforce: recruitment, training and retention report outlines the scale of the workforce crisis that is facing the NHS in England. New research outlines the scale of the crisis: · A shortage…
Legal Article
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
25/07/22
Decision The Supreme Court has ratified the decisions of the Employment Appeals Tribunal and the Court of Appeal in dismissing the case of Harpur Trust. This means that workers who do not work throughout the entire year are entitled to 5.6 weeks paid leave each year, rather than a pro-rated…
Legal Article
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
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…
Forbes News
20/07/22
Decision The Supreme Court has ratified the decisions of the Employment Appeals Tribunal and the Court of Appeal in dismissing the case of Harpur Trust. This means that workers who work variable hours and do not work throughout the entire year are entitled to 5.6 weeks paid leave each year,…
Legal Article
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
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
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
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
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
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
01/07/22
A significant development for employers, including those in the education sector, took place last week when the employment tribunal handed down its judgment in the case of Burke v Turning Point Scotland. For the first time in a reported case, the tribunal held that an individual with long Covid met the…
Legal Article
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…
Legal Article
29/06/22
Most significantly she has tackled the 'taboo on poo' and broken down barriers . Bowel cancer is one of the most treatable cancers if diagnosed early at stage 1. Sadly her diagnosis was made at the age of 35 at stage 4. As patron of Bowel Cancer UK and on the podcast ' You, Me and the…
Legal Article
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
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
22/06/22
JD Sports and Elite Sports broke competition law by fixing the retail prices of certain branded clothing products of Rangers Football Club. The Competition and Markets Authority ("CMA"), in its provisional findings, said that all the three parties colluded to keep prices of the Glasgow…
Legal Article
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
22/06/22
With the manufacturing sector experiencing ongoing supply issues with labour shortages and the never-ending price increases across fuel and raw materials, many businesses are finding themselves in difficult circumstances and are struggling to keep up with supply and demand. There are a number of…
Legal Article
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
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
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
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
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
14/06/22
In the recent case of Mellor v The MFG Academies Trust, the tribunal had to consider the effect of how an employee had been treated following numerous requests for a room to enable her to express breastmilk whilst at work. In July 2020 Ms Mellor, a teacher, returned to work from maternity leave.…
Legal Article
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
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
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
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…
Legal Article
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
24/05/22
In February 2022, Prime Minister Boris Johnson announced the removal of all remaining Covid19 legal restrictions and a number of employers seized the opportunity to inform employees that they were immediately required to return to the workplace. However, a significant number of employees still have…
Legal Article
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
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
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
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
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
19/05/22
Traditionally the construction sector has been dominated by self-employed contractors. The latest data released from the Office for National Statistics (ONS) however has shown that in the fourth quarter of last year the number of self-employed workers operating in the construction sector has fallen by…
Legal Article
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
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
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
16/05/22
Managing the return of employees back to the workplace following a period of remote working, owing to the Covid-19 pandemic, is becoming an increasingly challenging exercise for employers. Many people still remain nervous about commuting and attending work and increasing their risk of contracting…
Legal Article
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
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
11/05/22
It is currently legal for anyone to buy an e-scooter, although it is illegal to use it on a public road. Only e-scooters rented through an approved Government trial scheme are legal to use on the road. At present, they must not exceed 15.5mph and a weight of 55kg, and must include a number of other…
Legal Article
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
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
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
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'…
Legal Article
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
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
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
19/04/22
In a recent poll of 1,788 teachers by the National Education Union (NEU), 44% said they would leave by 2027, and around 20% said they would leave within the next two years. Reasons included: · Unmanageable workload; · Salary; · Accountability · Not…
Legal Article
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
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
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
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
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
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
04/04/22
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
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
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
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…
Legal Article
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
30/03/22
The case of Clarion Housing Association Limited v Carter [2021] EWHC 2890 [QB] involved an unsuccessful appeal brought by Clarion against the County Court's decision to dismiss their possession claim. Clarion issued possession proceedings against the deceased tenant's daughter Ms Carter, who…
Legal Article
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
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
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
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
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
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
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…
Forbes News
15/03/22
A tenant with a history of nuisance behaviour including loud music, arguing, shouting and slamming doors, diy at unsociable hours, excessive visitors and obnoxious smells from cannabis demonstrably improved their behaviour when faced with injunction proceedings over a 4 month period. An undertaking was…
Legal Article
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
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
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
10/03/22
Our Business Immigration team have prepared the below practical guidance for applicants to the scheme and for businesses to share with their employees who may be impacted. We have also launched a free advice service to any applicants under the scheme, please contact us for details. Ukrainian…
Legal Article
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
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
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
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
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
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
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
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
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
04/03/22
We successfully defended a claim brought against Wigan Council by a claimant who tripped on a damaged speed bump as she walked over it in January 2019. She claimed that the damage was such that the Council had breached their duty to maintain the highway in accordance with S41 of the Highways Act 1980,…
Legal Article
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
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
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
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
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
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
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
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…
Legal Article
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
18/02/22
The hugely anticipated landmark decision in Lloyd v Google has finally been handed down by the Supreme Court, which has refused Richard Lloyd (the claimant) permission to serve a representative action on Google (the defendant), estimated to be valued in the region of 3 Billion. The Case In…
Legal Article
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
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
16/02/22
As we approach the two year anniversary of the first lockdown being implemented due to Covid 19, attention continues to focus on whether people with long term Covid symptoms (long Covid) should be able to apply for Government financial support and indeed possibly bring a civil action against their…
Legal Article
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
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
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
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
08/02/22
Judgment has recently been handed down by the Court of Appeal in the case of Paul v Royal Wolverhampton NHS Foundation Trust. The case centred solely around liability to secondary victims, and dealt with the difficult question as to when a defendant in a clinical negligence case, could or should be…
Legal Article
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
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
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
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
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…
Legal Article
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
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
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
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
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
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
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
26/01/22
During the pandemic, many employers have found difficulty in monitoring absence and taking formal action where employees are absent for significant periods of time. There are growing concerns regarding the severity and longevity of the effects of the virus; thus, many employers feel unable to enforce a…
Legal Article
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
26/01/22
The Home Office has announced that from 6 April 2022, there will be changes to the way in which Biometric Residence Permit (BRP), Biometric Residence Card (BRC) and Frontier Worker Permit (FWP) evidence their right to work and right to rent. From 6 April 2022, the presentation of a physical…
Legal Article
26/01/22
The Personal Protective Equipment at Work (Amendment) Regulations 2022 (legislation.gov.uk) come into force on the 6 April 2022. The duty to provide PPE remains the same, but the 2022 regulations widen the scope of which workers an employer has to provide PPE for, to now include not just…
Legal Article
26/01/22
A care home business, run by private health care provider BUPA, has been fined £1.04m after a resident died in a fire while smoking at one of its care homes. BUPA Care Services (ANS) Ltd was fined £937,500 for fire safety failings and ordered to pay £104,000 prosecution costs at…
Legal Article
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
07/01/22
Whether medical treatment and care can be delegated in terms of liability has been somewhat unclear over the years in medical negligence claims. Recent dental claim decisions have resulted in findings that a dental practice, or the owner of a dental practice, has a non-delegable duty of care to the end…
Legal Article
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
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…
Legal Article
05/01/22
Ford v Seymour-Williams Lisa Ford brought a claim against the owner of the horse after an incident that occurred on 15 September 2018 left her with multiple injuries including a broken pelvis and internal bleeding. The case was heard initially at the High Court in January 2021. That decision was…
