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...

The recent decision in FilmFlex Movies Limited v Piksel Limited [2015] EWHC 426 (Ch) highlights the risks of losing control of IPR in joint software development agreements.  Companies entering into such agreements should be clear about the natu...

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 ...

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...

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...

? 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...

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...

In our previous e-briefing, we discussed the advent, from 1 December 2008, of rules on abnormal rent increases. HM Revenue & Customs (HMRC) has acknowledged that the current rules do not work fairly and, in some cases, do not work at all. It is...

The University of Reading will be reporting to the Government on the success of the code for leasing business premises. The Code for Leasing Business Premises in England and Wales 2007 (‘the Code’) was published on 28 March 20...

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...

A building that was built 150 years ago as a house, but that has been used predominantly as offices for the past 60 years, is not a 'house' for the purpose of the Leasehold Reform Act 1967. The Court of Appeal in Grosvenor Estates Ltd v Prospect Es...

A landlord who allowed a member of his family to occupy the demised premises after the tenants' departure was held to have accepted a surrender by operation of law of the premises. Tenants took a three-year lease of a very large residential propert...

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...

Eversheds Sutherland property column: March 2019 Over the last half decade, institutions and investors have become increasingly attracted by the dependable longterm income offered by large-scale professional residential letting. The way investors ac...

It came to the attention of the Rwandan authorities that many investors who were granted mining concessions left them unexploited, thus wasting potential exploitations. The reasons behind this behaviour reside in the current legislation, which ...