We recognise that some legal developments need to be understood in detail.

Our publications and briefings provide an in-depth analysis of commercial and legal developments, as they happen.


Increasing pensions: CPI/RPI revisited

03 Jan 2018
With many schemes struggling to deal with large and volatile deficits, the issue of the inflationary measure used for increasing pensions in payment and revaluing deferred benefits in final salary occupational pension schemes has slowly moved back up the de-risking agenda for many sponsoring employers. 

Supreme Court rules on causation in valuers' negligence

02 Jan 2018
Case report: Tiuta International Limited (in liquidation) (Respondent) -v- De Villiers Surveyors Limited (Appellant) [2017] UKSC 77. In a welcome decision for valuers and other professionals, the Supreme Court has re-affirmed the primacy of the 'but for' causation test.

GDPR compliance task force - five months to go...

20 Dec 2017
The EU’s General Data Protection Regulation goes into effect on 25 May 2018. GDPR replaces the EU Data Protection Directive. GDPR can apply to US-based businesses even if they do not have offices or employees in the EU. It can also reach activities conducted outside the EU.

The value of money: Pensions Ombudsman awards for non-financial loss

21 Dec 2017
A series of recent cases has considered the remedies available for non-financial loss when a pension scheme member or other beneficiary complains to the Pension Ombudsman about maladministration by the employer, trustees, scheme manager or scheme administrator. Two of these cases were appeals in the High Court against determinations of the Pensions Ombudsman, and two were Ombudsman decisions. The High Court cases reflect a recent tendency towards larger awards, and there are some early signs that the Ombudsman may be moving in a similar direction, albeit that all such cases will depend to a significant degree on their individual facts.

The Construction Act: another great British export?

18 Dec 2017
For over three decades, the construction industry in Ontario has been subject to the Construction Lien Act (the CLA), legislation with which most construction professionals there have had a somewhat fractious rapport. In recent years, mounting aversion to the CLA culminated in a series of consultations to deliberate how it could be developed.

University taught lesson on video surveillance of staff

15 Dec 2017
We look at the decision of the European Court of Human Rights (ECtHR) in Antovic and Mirkovic v Montenegro [2017] ECHR 1068. This case focuses on the use of video surveillance in the workplace and whether it was a breach of the right to privacy under Article 8 of the European Convention on Human Rights (ECHR).


Windows - more than just a rights to light issue?

15 Dec 2017
Whether or not you can lawfully open your WC window after using the facilities there would not seem to be an issue worthy of a legal debate. However, the ability of a building owner to open a window looking out onto the neighbour's land is one that gives rise to potentially important (and interesting) points of law, particularly within the context of development rights.

FT reveals gaps in Gender Pay Gap Reporting

11 Dec 2017
The Financial Times investigation into the accuracy of the gender pay gap information published to date highlights a growing concern that some companies are not reporting accurate figures (Financial Times 8 December 2017).

Discontinuation of LIBOR: the impact on defined benefit pension schemes

09 Dec 2017
In July 2017, the Financial Conduct Authority (FCA) revealed that banks and other market participants needed to prepare for the London Interbank Offered Rate (LIBOR) to be discontinued after 2021. For defined benefit pension schemes the disappearance of LIBOR will have a key impact on the use of total return and interest rate swaps entered into as part of liability driven investment (LDI) strategies. KPMG's report on the UK LDI Market entitled No end to growth in sight, published in June 2017, noted that 1,808 pension schemes are using LDI with £980bn of liabilities hedged. A significant proportion of those liabilities will be hedged using a product which references LIBOR.