A recent judgment of the Court of Appeal suggests that in some indirect discrimination cases there should be a greater focus on the nature of and reason for the claimed disadvantage than has previously been the case. The ruling may make it harder fo...

In August the Government announced plans for new laws to ensure all public sector workers in public-facing roles speak fluent English (or, in Welsh authorities, English or Welsh). Further details of the proposals have now been revealed in the Immigr...

For some time now it has been recognised that direct discrimination occurs not only if someone is treated less favourably because of their own protected characteristics, but also if they are treated less favourably because of somebody else’s p...

UK Pensions Speedbrief: Age discrimination challenge to judicial pension scheme succeedsThe Employment Tribunal has handed down its

The Employment Appeal Tribunal (EAT) has ruled that the transitional arrangements in the New Judges Pension Scheme (NJPS) constitute unlawful age discrimination.  In a related case, the EAT has also held that the Employment Tribunal (ET) f...

Précis On the 4th July 2013 Eversheds reported on the Opinion of Advocate General Niilo Jääskinen (the “AG”) in the Case C-170/12 Pinckney. (Click here to view this article). Following ...

Précis An owner of a website may redirect users, via clickable links, to copyright protected works, without requiring the permission of the copyright holders if those works have been made available on a freely accessible basis on another web...

Background Innovation is key in our actual economic climate. However, innovation needs economic stimulation. One of the typical measures implemented by national legislators are tax incentives, such as the so-called ‘Patent box’, ‘I...

Cost–sharing for the Local Government Pension Scheme (LGPS) is a subject close to the minds and pockets of all LGPS funds, employers and members. Consultation by the Department for Communities and Local Government (DCLG) on cost–sharing ...

Hot off the press is a Court of Appeal decision dated 7 April 2009 (South Tyneside MBC v The Lord Chancellor and Secretary of State for Justice and Another) which held that former employing authorities are not liable to make good their funding defic...

A recent Employment Appeal Tribunal decision (The Mayor and Burgess of the London Borough of Tower Hamlets v Mr J Wooster) has found a local authority liable for unfair dismissal and age discrimination where it made insufficient effort to redeploy a...

Pension Managers Conference, Torquay, 24-25 November 2009 Further to several requests for details of the cases referred to in Gary Delderfield’s talk at the Conference, this special LGPS Speedbrief contains links to all the cases mentioned in ...

In ArjoWiggins Ltd v Ralph (in which Eversheds LLP acted for the successful appellant) the High Court has considered the extent to which the time periods within which complaints may be brought are applicable to the Pensions Ombudsman. This is a help...

At the end of last year, we reported that the Government announced that headline agreements had been reached with the main trade unions in relation to the Local Government Pension Scheme (LGPS), the NHS Pension Scheme (NHSPS), the...

The Welsh Ministers have recently issued The Welsh Authorities Staff Transfers (Pensions) Direction 2012, under powers contained in Section 101 of the Local Government Act 2003 (the “2012 Direction”).  The 2012 Direction came into f...

? Pension data loss leads to £250,000 fine Lax arrangements with a supplier being used to digitise pension scheme records for a Local Government Pension Scheme (LGPS) administering authority  lea...

? Fair Deal: the latest developments On 19 November 2012 HM Treasury published its response to the March 2011 consultation on the future of the Fair Deal for Staff Pensions guidance. The Fair D...

? ? ? ?First detail published on employer cost cap and actuarial valuati...

SummaryThe Deputy Pensions Ombudsman has rejected a complaint by an academy against the administering authority of its Local Government Pension Scheme (LGPS) fund about the funding methodology used to allocate assets to the Academy when it was initi...

The Ministry of Housing, Communities and Local Government (MHCLG) has recently launched a consultation on what it has described as “technical” changes to regulations governing the ...

The UK’s PF2 model has had a tough upbringing; launched in the wake of a constricted pipeline of PFI projects, the Government knew it faced a tough task – trying to appeal to diverse funding sources whilst increasing transparency and public value. T...

Supplier Speed Brief New Model Contract Precedent for Government ICT and Business Process Outsourcing Contracts Background The Crown Commercial Service and the Government Legal Service have developed what they term “a substantially revised set...

On 21 December 2017, the French Competition Authority (the “FCA”) published a decision imposing a fine of 30 million euros on Brenntag SA and Brenntag AG (together “Brenntag”) for obstructing longstanding investigations (the ...

The court in Innovate Logistics Ltd (in administration) v Sunberry Properties Ltd had to balance a landlord's wish to eject an unauthorised occupier against administrators' rights to deal with the company's assets during the administration. The ten...

In an important decision for landlords, Scottish & Newcastle plc v Raguz, the House of Lords has restored common sense and commercial reality to the procedures that a landlord has to follow before it can recover arrears of rent from a former t...

This VAT and Duties Tribunal decision, Riverside Sports & Leisure Limited, concerned the grant of a lease over sports facilities. It illustrates the point that value added tax (VAT) can be problematical in the most innocuous of transactions. In...

HM Revenue & Customs (HMRC) has published an information sheet giving guidance to house builders on the VAT implications of letting unsold houses. The guidance has been published in response to enquiries from house builders who are letting hous...

A Scottish court has ruled that a landlord's right of inspection in a lease permitted the landlord to sink boreholes to search for contamination. In this case, Possfund Custodian Trustee Ltd v Kwik-Fit Properties Ltd, Kwik-Fit was a tenant of a bui...

It appears that it is possible to obtain ownership of part of a river bed by adverse possession. Since 2003, it has become virtually impossible to acquire ownership of registered land by adverse possession - but 12 years' possession of unregistered...

Two recent cases involving easements highlight the risks of leaving part of the arrangement undocumented. Two recent cases raised the doctrine of derogation from grant in relation to the grant of an easement - one successfully and the other not. A ...

Land deals are currently one of the most scrutinized areas of public procurement, and the correct application of the public procurement rules to land transactions still poses one of the greatest challenges for public bodies. ...

Eversheds Sutherland property column: September 2018 Originally published in Practical law In these uncertain times, if cash is king, income is emperor. As a consequence, investors are looking for long-term, lower risk investments in the real estate...

Economic and political uncertainty since the Brexit vote and fear of a predicted debt crisis have increased funding pressures on Higher Education Institutions when putting their estates strategies into action.  A perfect storm of a predicted dr...

Yesterday the Government announced its response to the Law Commission’s report on Event Fees. “Event Fees” are common in the retirement living sector. They are  fees payable on certain events such as sale, subletting or change...