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.


Eliminating confusion and misapprehension over trustee investment duties

09 Sep 2018
The DWP is taking steps to address what it believes amounts to "confusion and misapprehension" among pension scheme trustees regarding the extent to which they can take environmental, social and governance (ESG) factors into account when making investment decisions. It is concerned that trustees may, incorrectly, believe that ESG risks are "irrelevant to, or run counter to, financially material concerns".

Only a click away: re-posting is not equivalent to hyperlinking to copyright images

06 Sep 2018
According to a recent ruling by the Court of Justice of the European Union ("CJEU"), the reproduction onto another website of a copyright work, which had been made freely available with the copyright owner's permission, is not equivalent to hyperlinking to the work and is likely to lead to a finding that there is a 'new public' to whom the communication has been made.

Was the commissioning of public health services capable of transferring by virtue of TUPE?

06 Sep 2018
In Nicholls and others v London Borough of Croydon (UKEAT/0003/18 and UKEAT/0004/18) the Employment Appeal Tribunal (EAT) concluded that the claimants' appeals should be allowed and their matters should be remitted to a newly constituted employment tribunal (ET) for reconsideration on the grounds that the ET had not adequately explained its reasoning in reaching its conclusion on the issue of whether a public health services team was carrying on an economic activity for the purposes of TUPE.

When trustees behave improperly: scheme amendments went beyond Trustees' powers

04 Sep 2018
In the recent Court of Appeal judgment for British Airways PLC v Airways Pension Scheme Trustee Limited [2018] EWCA Civ 1533, the Court considered whether an additional discretionary pension increase introduced by the Trustees of the Airways Pension Scheme (APS) should be allowed. The Court of Appeal, in allowing the appeal, held that the Trustees acted outside their powers, a decision that would mean that British Airways PLC (BA) would not have to pay an additional £12 million in pension increases. However, the matter is not yet settled as the Trustees have been granted leave to appeal the decision to the Supreme Court.

Train data: how do we share its benefits?

03 Sep 2018
The Department for Transport (DfT) recently published its 'Joint Rail Data Action Plan' setting out a number of objectives and associated timescales, which an industry-led taskforce will work towards in order to improve the quality and openness of rail data. The plan focuses on train operating companies (TOCs) and other rail entities addressing the following five barriers to wider data sharing.

Did working a lengthy notice period mean employees had accepted the employer's breach of contract?

30 Aug 2018
In Brown and others v Neon Management Services Ltd and another [2018] EWHC 2137, the High Court found that, while the act of giving and working a substantial period of notice amounted to an affirmation of the employment contract, subsequent breaches by the employer amounted to a fundamental breach, which allowed the employees to resign with immediate effect and released them from their restrictive covenants.

Route to open access: taking the uncertainty out of bus travel?

28 Aug 2018
Taking the "uncertainty out of bus travel" and the wish to improve the passenger experience across England is the reason given in the recently published Department for Transport (DfT) consultation into Bus open data in the UK (the Consultation). DfT believes that 'open data' is key to removing the current uncertainty in journey planning and better journey planning it believes will attract more people to bus services .