Legal Article
22/12/22
This article is the third in our IICSA blog series and will explore recommendation 13, which suggests that the UK and Welsh government introduce mandatory reporting requirements for those who work with children in certain roles to report child sexual abuse to the police and social services. What is…
Legal Article
20/12/22
Choosing a school for your child has to be one of the most important decisions you will make for them as a parent or guardian. A school has the ability to shape your child's development and influence their future and therefore finding the right 'fit' for your child is of fundamental…
Legal Article
16/12/22
The Claimant was born at 39 weeks at Burnley hospital. The Claimants mother was admitted with a history of spontaneous rupture of membranes. Following a virginal delivery, the Claimant was born in a very poor condition, a neonatal crash team performed resuscitation for a period of around 26 minutes…
Legal Article
15/12/22
UK hospitals have received an alert from Public Health England regarding the rise in cases of scarlet fever. This has also caused a lot of concern amongst parents. Scarlet fever is an infection caused by Group A Strep. Strep A is the most common bacterial cause of acute sore throat, accounting for…
Legal Article
15/12/22
The ICO announced that it has issued a fine of £4.4million to Interserve Group Limited, a Berkshire based construction company, for failing to keep personal information of its staff secure. Interserve were deemed to have breached data protection law by failing to put appropriate security measures…
Legal Article
14/12/22
Social housing tenants stand to benefit from better quality housing and have their complaints dealt with quicker under the government measures to increase inspections and drive-up competency amongst staff. The Social Housing Regulation Bill (the Bill) was introduced into Parliament earlier this…
Legal Article
12/12/22
Perhaps considered to be one of the most famous couples on earth, Kim and Kanye (now known as Ye) have formally reached a settlement in their divorce, preventing a trial. Their coupling, family life and break-up have been widely publicised. Initially, the world got to see a shiny, influential and…
Legal Article
09/12/22
The Renting Homes (Wales) Act 2016 fundamentally changes housing law in Wales and was bought into force on 1st December 2022. The legislation changes how landlords in Wales will have to operate and is intended to simplify how properties are rented. The Act changes the game for almost all landlord and…
Legal Article
08/12/22
Flexible working remains the right to request, not to have The Government has recently published their response to the Consultation on Making Flexible Working the Default, which closed around 12 months ago. Key takeaways, which are a must for HR professionals and managers to be aware of, are…
Legal Article
07/12/22
On 29th November 2022, the Office for National Statistics ('ONS') reclassified further education corporations, sixth form college corporations and designated institutions in England ('Colleges'), as public sector bodies, forming part of Central Government. This decision is a…
Legal Article
06/12/22
The procurement of goods and services by further and higher education establishments such as colleges and universities are a constant necessity for their effective operation, often through entering into commercial supply agreements and contracts. Billions are spent each year on purchasing the supply of…
Legal Article
05/12/22
Up to 01 June 2022, the 2010 EU Vertical Agreements Block Exemption ("VBER") applied to vertical agreements in the UK, since the VBER was retained in UK law following the UK's exit from the EU. This provided parties to vertical agreements (agreements entered between businesses operating at…
Legal Article
02/12/22
The Times has recently published an article about an e-scooter rider making a claim against Barnet Council when the rider fell off as a result of a pothole in the road. There are some interesting arguments raised about the fact the rider was using it illegally. There are a number of cities where…
Legal Article
02/12/22
Yusuf Mahmud Nazir passed away in November 2022 when he was wrongly sent home from Rotherham General Hospital with "the worst case of tonsilitis" that the treating doctor had ever seen. Yusuf and his uncle were told that there were no beds and not enough doctors at the hospital, so they could…
Legal Article
01/12/22
According to the Office for Students ('OfS'), students are more likely than others to be subjected to sexual harassment. Universities and Colleges therefore play an important role in tackling this issue and trying to reduce and indeed prevent sexual misconduct. The ways in which higher…
Legal Article
01/12/22
The Higher Education Freedom of Speech Bill ('the Bill') was introduced by Parliament on 12 May 2021. The Bill's intended aim is to strengthen the legal duties placed on higher education providers in England and Wales to protect freedom of speech on campuses across the country, for students…
Legal Article
01/12/22
With the cost of living skyrocketing in recent months, the pressure of the crisis continues and is being keenly felt throughout many sections of society, including those in the further and higher education sectors. Below we look at the ways the crisis is impacting both students and staff and consider…
Legal Article
29/11/22
This article is the second in our IICSA blog series and will explore recommendation 15, which suggests the UK government make necessary changes to legislation regarding the current three-year limitation period. What is the recommendation? The Inquiry recommends that the current three-year…
Forbes News
24/11/22
The sale or acquisition of a care home is a significant commercial transaction, that requires extensive thought, legal and commercial consideration at an early stage of the process. Things you must consider on purchase or sale of a care home: Firstly, consideration must be given as to how the…
Legal Article
24/11/22
Festivities Making arrangements for children over the festive period can be difficult in separated families - here one of our Associate Solicitors, Sarah Robson, looks at the options and what can be done when an agreement cannot be reached. Sarah also looks at how to approach school applications…
Legal Article
24/11/22
Following the passing of the economic Crime (Transparency and Enforcement) Act 2022 (the Act), the Register of Overseas Entities (ROE) was created which is maintained by Companies House, and from 1st August 2022 any overseas entity that own or intends to acquire UK property, will be required to be…
Legal Article
22/11/22
In 2020, the law around organ donation in England has changed. All adults in England are now considered to have agreed to be an organ donor when they die unless they have recorded a decision not to donate or are in one of the excluded groups. What is eye donation? Eye donation involves…
Legal Article
22/11/22
In traumatic injury and limb amputation cases, there should be a focus on rehabilitation. This means considering what support you need to allow you to return to work, the financial support you will need, and any changes to your home environment amongst many others. This is achieved by putting together a…
Legal Article
22/11/22
1 in 8 men are diagnosed with prostate cancer. If you're over 50, or a person of colour, or your dad or brother had it, you're at even higher risk. It is the most common cancer in men. Prostate cancer is not always life-threatening. But when it is, the earlier you catch it the more likely…
Legal Article
21/11/22
It is estimated that at least 5 million homes have domestic pets and given that further statistics show that 1 in 2 marriages end in divorce, it is not surprising that Family Law practitioners are seeing an increase in disputes regarding family pets. Separating couples can often agree the arrangements…
Legal Article
21/11/22
Nursing and healthcare unions have so far rejected the government's pay offer, which will lead to further strike action. The health unions are seeking a pay rise that would at least match inflation, which currently sits at 10.1%. The Royal College of Nursing is seeking a rise that would match…
Legal Article
19/11/22
Mental health is a serious and well publicised topic with many campaigns centred around talking about our mental health. It includes our emotional, psychological, and social well-being. It affects how we think, feel, and act. It also helps determine how we handle stress, relate to others, and make…
Legal Article
18/11/22
It's important we all have regular eye tests and checkups. Changes in vision, floaters, blurred vision or loss of vision in part of the eye needs to be checked out urgently. GPs need to refer patients with symptoms to an ophthalmologist. An ophthalmologist will carry out tests and should refer…
Forbes News
17/11/22
The Government has today (17 November 2022) announced that a seven percent cap shall be applied to increases to social housing rents next year. The Regulator of Social Housing's Rent Standard, published in April 2020, provides for social housing rent to be subject to an annual increase of CPI…
Legal Article
17/11/22
Diabetes is a long term condition causing the blood glucose level to be too high. There are 2 main types of Diabetes; · Type 1 is an autoimmune condition where the body attacks the cells of the pancreas that produce insulin and insulin is not produced. · Type 2 Diabetes is…
Legal Article
17/11/22
World Prematurity Day (17th November) is a global movement to raise awareness of premature birth and the sometimes devastating impact it can have on families. Globally, an estimated 15 million babies are born prematurely each year and that number is rising. World Prematurity Day helps to address this…
Legal Article
15/11/22
As the cost of living continues to rise, the pressures that employees face can feel insurmountable. It is key that employers prioritise ways in which they can support their employees through this time. This is especially important as we enter the winter months, as household bills rise, and budgets…
Legal Article
15/11/22
Forbes Solicitors introduces its blog series in relation to the long-awaited Independent Inquiry into Child Sexual Abuse (IICSA). Over this blog series, we will be exploring the report and the potential impact of some of the recommendations for Local Authorities and the public sector. This article…
Legal Article
15/11/22
Did you know... · Driving for work is one of the most dangerous activities employees can do? Many road deaths involve a vehicle being driven for work · More than 1.3 million people die on roads every year · Road crashes cost the UK economy around £36 billion each…
Forbes News
10/11/22
Forbes Solicitors has announced its largest training programme to date, as it strives to create more opportunities for people to enter the legal profession and to help enhance diversity and inclusivity throughout the sector. The firm, which has offices across Lancashire, Leeds, and Manchester, has…
Legal Article
10/11/22
The Law Society Gazette has reported on the outcome of the Court of Appeal case of Belsner. Darya Belsner instructed Cam Legal services to pursue a Road traffic injury claim. They recovered £1,916.98 by way of damages and deducted 25% of the award (£385.50) as a contribution towards their…
Legal Article
08/11/22
The law in England continues to be particularly harsh when it comes to the death of a loved one. Only a long-standing, live-in partner, a spouse or dependent child can claim for the death and any losses arising from it. The estate of the deceased can bring a claim for any additional pain and…
Legal Article
08/11/22
Eighty-five per cent of North West-based small and medium-sized companies (SMEs) are confident their revenue will grow over the next 12 months despite the challenging economic conditions, according to new research by law firm, Forbes Solicitors. UK expansion, organic growth, and research and…
Legal Article
08/11/22
The huge increase in energy costs combined with global threats to energy security have encouraged many businesses to focus on improving the environmental performance and energy efficiency of their buildings. Such improvements may extend from relatively minor works such as the installation of energy…
Legal Article
08/11/22
There are a number of different types of intellectual property rights (IPRs), with the traditional forms of IPRs including trade marks, design rights, copyright and patents. Depending on what a proprietor is seeking to protect will affect whether they have to register with the Intellectual Property…
Legal Article
07/11/22
Lung cancer is one of the most common causes of death in the Western world. In the United Kingdom, as in many countries, carcinoma of the bronchus is the most common cause of cancer deaths in men and women. The most common cause of lung cancer is smoking, with the instances of lung cancer being…
Legal Article
04/11/22
The UK is currently facing vast recruitment challenges across all sectors of the economy. In the wake of this, the Global Talent visa aims to attract talented and promising individuals to alleviate some of the recruitment challenges in specific fields of work. The Global Talent visa is open to…
Legal Article
03/11/22
International businesses who conduct business in the UK should be aware that the UK Conformity Assessment mark (the "UKCA mark") will apply to certain products for sale on the UK market, replacing the existing European conformity mark (the "CE mark") from 31 December 2022. What…
Legal Article
02/11/22
Following the end of the Brexit transition period on 31 December 2020, freedom of movement to the European Union (EU), EU directives and regulations no longer apply to UK citizens and service providers. Many businesses are seeing the impact of these changes in practice and many clients are asking…
Legal Article
02/11/22
" One day son, this will all be yours " There has been an increase in recent years in disputes about the distribution of the estate of a deceased person following their death. Those disputes usually take the form of a claim to challenge the validity of a Will or a claim for financial…
Legal Article
01/11/22
Mouth Cancer Action Month is held in November every year and is supported by the Mouth Cancer Foundation and the Oral Health Foundation. Mouth cancer is the 6th most common cancer in the world, but it's much less common in the UK. Around 8,300 people are diagnosed with mouth cancer each year in…
Legal Article
31/10/22
Intellectual property (IP) rights are an important asset for any business. The World Intellectual Property Organization (WIPO) defines IP as "creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce". By ensuring that IP…
Legal Article
31/10/22
This International Trade Week, Forbes Solicitors will be focusing on international trade and some important issues to consider in the course of international trade or dealing with an international company, the first instalment of which involves the IncoTerms®, delivery and risk in international…
Legal Article
28/10/22
On 13 February 2020 Nadine Dorries MP, the Minister of State for the Department of Health and Social Care, confirmed in Parliament that NHS England and NHS Improvement had commissioned an investigation into maternity and neonatal services at East Kent Hospitals University NHS Foundation Trust. Dr Bill…
Legal Article
27/10/22
Legal Aid Support is available for victims of domestic abuse but only if they meet the stringent means and evidence test as set out by the Legal Aid Agency. For those who do not meet those requirements the consequences could be devastating. Those consequences could mean no protection of further abuse,…
Legal Article
26/10/22
On 31 August 2022, the Office for Product Safety and Standards ("OPSS"), the UK's product regulator, published its Product Regulation Strategy 2022 - 2025 (the "Strategy") which aims to modernise the UK's regulatory framework to protect customers, the environment and bring it…
Legal Article
26/10/22
The manufacturing industry in the U.K is currently worth approximately £52 billion and contributes more to the U.K economy than aerospace. With many manufacturing firms' production processes involving the use of extreme heat, and the transportation of tens of millions of tonnes of material,…
Legal Article
25/10/22
The manufacturing industry is unable to ignore the current cost of living crisis throughout the UK. The rise in material costs is being felt more than ever, with the impact of Brexit, the coronavirus pandemic, the war in Ukraine and now inflation. Inflation is currently at a record high of 10.1%…
Legal Article
25/10/22
With the cost-of-living skyrocketing in recent months, the pressure of the cost-of-living crisis has become inescapable. As household bills rise and budgets tighten, flexible working is becoming increasingly important for many employees across the UK. It is crucial now more than ever, that…
Legal Article
25/10/22
A recent report highlights the continuing and shocking problems at some NHS trusts. The inquiry into East Kent Hospital University Trust reviewed more than 200 cases over a decade of maternity failings and found a " pattern of recurring harm ". The damning report revealed that almost half of…
Legal Article
24/10/22
Care homes are usually operated through limited companies. Care homes run by limited companies can be purchased either by way of a share purchase i.e. a purchase of the company itself, or by way of a purchase of the business and assets of the company (known as an asset purchase). Both methods have…
Legal Article
21/10/22
On 20th October 2022, the Independent Inquiry into Child Sexual Abuse (IICSA) published its long-awaited final report, including 20 concluding recommendations. In 2018, the Inquiry released its Interim Report which included 87 recommendations to Parliament. The Inquiry discovered failings across both…
Forbes News
20/10/22
Forbes Solicitors has appointed Chris Bowers as a partner as it continues to scale and drive further growth. Chris - who completed his training at Forbes back in 2000 - re-joins the firm as head of the newly formed insolvency team. After Chris' departure from Forbes in 2003 he worked as an…
Legal Article
20/10/22
Many significant developments regarding fire and building safety have occurred in recent years . The construction industry has kept busy trying to adhere to bills and legislative changes to avoid disputes. More guidance has landed now that the Courts have issued the long awaited first substantive…
Legal Article
18/10/22
It is estimated that 1 in 4 pregnancies in the UK end in loss during pregnancy or birth. Given this statistic and that a majority of people wanting to start or grow a family will be of working age, employers should be aware of the likelihood of their employees being affected by pregnancy or baby loss…
Legal Article
17/10/22
Safeguarding children is a hot topic and a huge undertaking. Since the pandemic, it has become ever more evident that schools and educational establishments play a vital role in protecting young people. School, the one constant for some chaotic young lives, gives children an opportunity to be seen…
Legal Article
17/10/22
In case this news has passed you by, the law on divorce changed in April 2022 for the first time in over 5 decades. It is no longer necessary to allege 'grounds' for a divorce against your spouse. A step that has been long campaigned for amongst Family Lawyers, as far back as November 2016. I…
Legal Article
14/10/22
On 22 September, new Prime Minister Liz Truss announced the Retained EU Law (Revocation and Reform) Bill. This Bill seeks to make it easier for the government to amend, repeal and replace retained EU Law in a bid to give the UK the opportunity to develop new laws that best fit the needs of the country…
Legal Article
14/10/22
During a restructuring process, changes are made to the structure within an organisation and the need for work of a particular kind may be removed, therefore, employers must proceed carefully where there is a potential for redundancies. For example, labour-saving technology replacing certain roles is a…
Legal Article
11/10/22
Flexible working is an arrangement that allows employees to vary the amount, timing, or location of their work. As a result of the pandemic, the UK has seen a huge shift towards hybrid and flexible working, with many roles being undertaken more productively from home without the time, cost, and…
Legal Article
11/10/22
Schools have concerns that the six-month support scheme relating to energy prices extended to them by Government will not be enough. Many schools have already committed to fixed term energy contracts with suppliers, and they do not know how this scheme will assist in those circumstances. Government…
Legal Article
11/10/22
What is a stillbirth? A still birth occurs when a baby dies after 24 weeks of pregnancy. This is a very traumatic experience and can have lifelong impact on the parents, and in particular the mother who may have gone through labour, or received a caesarean section. What causes a stillbirth…
Legal Article
11/10/22
Every two hours, somewhere in the UK, a baby dies in the final stages of pregnancy, or in the first moments of life. Baby Loss Awareness Week provides us with opportunity: · To support bereaved parents and families and to unite with others across the world to commemorate their babies…
Legal Article
11/10/22
Clitheroe v Bond The Appeal Court has agreed with the judgement at first instance and decided that the correct legal test for testamentary capacity is the Banks v Goodfellow test rather than that under the Mental Capacity Act 2005. The claim was initially brought by Susan Bond who sought to…
Legal Article
11/10/22
A Will is a legal document which records how an individual would like to dispose of their estate after they have died. Solicitors who prepare a Will owe a duty of confidentiality to their clients not to disclose its contents without their client's permission. Once a person has died, the easiest…
Legal Article
11/10/22
A newspaper recently reported that when Edinburgh cut its speed limit to 20mph in areas across the city deaths fell by nearly a quarter and serious injuries by a third. The faster you go the harder you hit and the more damage you may cause. The recently updated Highway code reflects this and puts…
Legal Article
07/10/22
On the Daily Mail today, a reader has asked whether she is able to make a claim for a pension sharing order, when she and her husband have been separated for 27 years. Neither of them ever made any steps to obtain a divorce or to formally deal with the finances. Prior to separation, they had been…
Forbes News
03/10/22
Within the mini-budget, the Chancellor Kwasi Kwarteng has announced that the UK government will scrap the 2017 and 2021 reforms to the IR35 off-payroll working rules. As part of the changes and subject to certain criteria being met, HMRC transferred responsibility for assessing whether someone was…
Forbes News
03/10/22
After numerous extensions, the Home Office have announced that the temporary COVID-19 adjusted right to work checks will end on 30 September 2022 (inclusive). During the COVID-19 pandemic, the Home Office permitted the adjusted right to work checks to be carried out from March 2020 to support…
Legal Article
30/09/22
What are the facts? Harper Trust employed Ms Brazel as a visiting music teacher on a year round contract, but for term times only. Ms Brazel was only paid for the hours she taught, which could vary from week to week. The Trust sought to calculate Ms Brazel's holiday pay by using the '…
Legal Article
30/09/22
The ongoing Covid-19 pandemic has created a significant movement in the shift to hybrid working across many sectors of the economy. After having no option but to adapt to home working in 2020, the concept of physically attending the workplace 5 days a week has become outdated, with many employees…
Legal Article
29/09/22
The Building Safety Act 2022 is the Government's response to, primarily, cladding safety issues publicised most evocatively by the Grenfell Tower tragedy. The first instalments of the bill predominantly focused on enhancing safety measures in the design and construction of new high-rise buildings.…
Legal Article
28/09/22
As part of its introduction to the Building Safety Act 2022 the government stated that the new law would "create lasting generational change and set out a clear pathway for the future on how residential buildings should be constructed and maintained". Clearly the intention for the Act is…
Forbes News
26/09/22
There has been a growing consensus of late, coming from local planning authorities on the peculiarities surrounding Natural England, stating that development in a variety of catchment areas is unable to proceed if it increases its levels of nutrients. Rather, in order for a development to proceed, it…
Legal Article
21/09/22
The UK Green Building Council ("UKGBC") have published a guide to support industry to retrofit the UK's poorly performing commercial buildings. From 2023, every commercial building in the UK will require an energy performance certificate ("EPC") which rates its energy…
Legal Article
21/09/22
In light of the tragic fire at Grenfell Towers in 2017, the regulation within the UK's construction industry and particularly the use of cladding came under scrutiny and review. The government has introduced several measures including, and most recently, the Building Safety Act 2022 (the Act). As…
Legal Article
21/09/22
The Office of Tax Simplification (OTS) is conducting a review on the trends and tax implications of hybrid and distance working in the UK and across borders. The focus of the review is to look at changes in practice and any emerging trends away from the 'traditional' way of working. From…
Legal Article
21/09/22
A suspension occurs when an employer tells an employee to stop carrying out work temporarily, and Acas has recently published new advice on how to approach this ( https://www.acas.org.uk/suspension-during-an-investigation; https://www.acas.org.uk/acas-publishes-new-advice-on-staff-suspensions-at-work…
Legal Article
21/09/22
The current Energy Crisis has meant that energy price caps are expected to rise to 82% by October. The increased pressures of living costs in the United Kingdom has led to a push for solar panel adoption. A solar panel array is a cheaper and efficient form of energy production, with sustainable benefits…
Forbes News
15/09/22
The Scale-up route opened for applications on 22 August 2022 and is unlike other sponsored visas that have been introduced previously. A Scale-up worker visa allows applicants to travel to or remain in the UK to do an eligible job for a fast-growing UK business, also referred to as a 'Scale-up…
Legal Article
07/09/22
On 4 August 2022, the Home Office announced a welcomed change in the UK immigration world, confirming that the Police Registration Scheme has been suspended with immediate effect and is expected to be abolished altogether shortly. Previously, the Police Registration Scheme placed an onerous task on…
Legal Article
05/09/22
On 31 August 2022, the much-awaited judgment from the joined appeals in the matters of HXA v Surrey County Council and YXA v Wolverhampton County Council [2022] EWCA Civ 1196 was handed down from the Court of Appeal. The Court of Appeal has allowed the appeals of the Claimants to previously…
Legal Article
01/09/22
I hope everyone is enjoying the wonderful weather. I have always been a big fan of the sunshine and outdoors, but with soaring temperatures and high UV index, I hope that we are all taking precautions? Experts recommend taking precautions for anything over index level 3. I am telling you this…
Legal Article
01/09/22
When someone dies those left behind often have a strong desire to seek expert legal advice and support to decide whether to bring or to defend a claim against the estate . Disputes concerning the administration or the distribution of trust funds or a deceased persons estate are increasing. The…
Legal Article
26/08/22
Can Parents suspected of alcohol or drug abuse refrain from taking a drug test? How will it impact the decision of the judge? Many of us know about the 'right to remain silent' when speaking with the authorities. Though in some circumstances, remaining silent can have a negative impact on…
Legal Article
18/08/22
The Claimant had a family history of glaucoma with a raised intraocular pressure. They were a regular attender at the local hospital. As a result of increasing pressures in the eye, the claimant was referred to the glaucoma service. It was considered the pressure was high due to the use of steroids…
Legal Article
16/08/22
At present tenants who have a grievance with their landlord must follow a three step complaints process as follows: · The tenant must first report the problem or complaint to their landlord, the landlord will then consider the tenant's report and take any steps possible to remedy the…
Legal Article
16/08/22
In July 2022, the House of Commons Women and Equalities Committee (WEC) published their report titled 'Menopause and the workplace'. The report emphasises the important topic of menopause, how it affects those who suffer from its symptoms and the impact this has on the workplace. With 4.5…
Legal Article
16/08/22
Following the Grenfell Tower Disaster in June 2017, The Building Safety Act 2022, compromising of 6 parts, received Royal Assent this April creating provisions for the standards of buildings and the safety of people in or about buildings. The reform amends previous legislation such as the…
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…
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
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…
