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Continued rights meaning

What does Continued rights mean?
In UK pensions practice, continued rights describes the grandfathering of more favourable Inland Revenue approval rules for certain existing members of approved occupational pension schemes. Before a-day (6 April 2006, when the Finance Act 2004 regime began), separate regimes applied to “pre‑17 March 1987” and “pre‑1 June 1989” members. Those categories could retain earlier, more generous Inland Revenue maximum benefit rules and, for some, exemption from the post‑1989 earnings cap. These preserved positions were commonly referred to as continued rights. The expression is not a defined statutory term but a long‑used HMRC/Inland Revenue and industry shorthand for transitional protection embedded in scheme rules and Revenue practice under ICTA 1988. Following A‑Day, the old approval limits were replaced, so continued rights no longer set tax limits; however, they remain relevant when interpreting legacy scheme provisions, reconstructing historic benefit calculations, advising on rectification, transfers, commutation and assessing any knock‑on transitional protections (for example, protected lump sums). Usage and effect were consistent across England & Wales, Scotland and Northern Ireland. In Ireland, A‑Day did not apply and continued rights is not a standard term, though analogous grandfathering may arise under Irish pensions tax rules by reference to different legislative changes.
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NEWS
EU trade defence at speed: pressure to accelerate anti-dumping and anti-subsidy probes and impose early provisional duties versus rights of defence and investigative rigour

Official data indicate a sharp rise in inquiries into suspected unfair imports, largely linked to China, with 33 fresh anti-dumping and anti-subsidy cases launched in 2024, compared with 12 in 2023 and five in 2022. By the close of last year, authorities were also handling 21 expiry reviews, four interim reviews, three anti-circumvention cases and a single new safeguard probe. Since early this year, 13 additional anti-dumping and anti-subsidy actions have been initiated, implying the momentum has continued since US President Donald Trump began his second term and imposed trade tariffs on China and numerous other nations. This has fuelled EU debate over whether to speed up procedures for tackling imports that stem from unfair foreign subsidies or are sold at artificially low prices, the practice known as dumping. Cutting the length of trade-defence inquiries is possible, but could impinge upon the right of defence. The central issue is whether two or three months are decisive for shielding the Union’s industry. In my view, they are not, said Renato Antonini,...

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NEWS
UK Public Law Weekly: key judgments on human rights, equality, procurement and FOI; OSA categorisation challenge; digital ID policy; Brexit SIs; PPE Medpro judgment; justice system reforms

In this issue: Public Law case law quarterly—Q3 2025 Equality and Human rights Constitutional and administrative law Brexit SIs Post-Brexit transition guidance Judicial review Public procurement Public sector contracts State security and intelligence Information law Other Public law news LexTalk®Public Law: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Public Law case law quarterly—Q3 2025 The quarterly Public Law case law round-up presents and evaluates significant judgments brought together by the Lexis+® UK Public Law team each quarter. Marking 25 years since the Human Rights Act 1998 took effect, this edition begins with insight into recent human rights jurisprudence. See News Analysis: Public Law case law quarterly—Q3 2025. Equality and Human rights ECtHR rejects prisoner voting claim—Hora v UK In Hora v United Kingdom (Application no 1048/20), the European Court of Human Rights...

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NEWS
UK immigration law weekly update (23 May 2024): general election, entry clearance statistics, electronic border systems, Rwanda treaty, EUSS/PSS reforms, Creative Worker guidance, UT ‘new matter’ ruling

In this issue: Key developments General election announced for 4 July 2024 UK immigration control: how it works Sponsored work Students EU law rights and EU Settlement Scheme Challenging immigration decisions and enforcement Daily and weekly news alerts New and updated content Key developments Future developments—Immigration calendar Please note our Immigration calendar highlights key upcoming developments relevant to business immigration advisers. General election announced for 4 July 2024 Prime Minister Rishi Sunak has sought and secured the King’s consent to dissolve Parliament and has scheduled a general election for 4 July 2024. As a consequence, Parliament will be prorogued on 24 May 2024 and dissolved on 30 May 2024, in line with the Dissolution and Calling of Parliament Act 2022. This commentary reviews the ramifications of the announcement for bills currently before parliament, alongside the effect on government and public bodies in the period up to the election. See News Analysis: General...

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PRACTICE NOTES
Premier Oil restructuring: Schuldschein challenges, Brussels I (recast) jurisdiction, new money priority/class issues, and CVA strategy for convertibles—UK schemes of arrangement

Premier Oil is among a number of oil and gas companies that have reassessed their funding options to cope with the effects of an extended period of low crude prices. Brexit impact From exit day (31 January 2020), the UK ceased to be an EU Member State. Nevertheless, under the Withdrawal Agreement, the UK entered an implementation period, during which EU law continued to apply. In many Brexit SIs, references to exit day should be construed as referring to IP completion day (the end of the implementation period, defined in clause 39 as 31 December 2020 at 11.00 pm), unless that wording is expressly disapplied by the relevant SI. For more detail, see News Analysis: Brexit—impact of the Withdrawal Agreement and European Union (Withdrawal Agreement) Act 2020 for R&I lawyers, and Brexit Bulletin—key updates, research tips and resources. While schemes do not fall within the scope of the Recast Regulation on Insolvency, their later recognition frequently depends on Brussels I (recast) (see below and Practice Note: Brexit—impact on...

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PRACTICE NOTES
Hydropower: technologies, benefits and constraints; regulatory, consenting and policy framework, including assimilated EU law and support mechanisms (CfD, RO, FIT)

Brexit impact From 31 January 2020 (exit day), the UK ceased to be an EU Member State. However, an implementation period followed, during which the EU continued to treat the UK as a Member State for many purposes. At 11 pm (GMT) on 31 December 2020, the Brexit transition/implementation period concluded. That moment—termed ‘IP completion day’ in UK law—brought transitional arrangements to a close and triggered significant changes across the UK’s legal framework. Any changes relevant to this content are noted below. On IP completion day, the European Union (Withdrawal) Act 2018 (EU(W)A 2018) established a new class of domestic law—retained EU law (REUL)—comprising EU‑derived rights and legislation preserved in the UK after Brexit. On 29 June 2023, the Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A 2023) received Royal Assent. REUL(RR)A 2023 alters the treatment of REUL by: revoking large volumes of REUL with effect from 31 December 2023 rebranding REUL as ‘assimilated law’ from 1 January 2024 introducing new powers...

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PRACTICE NOTES
Compulsory purchase compensation: valuation, disturbance, injurious affection, no-scheme and hope value reforms - LCA 1961, NPA 2017, LURA 2023, PIA 2025 (England and Wales)

Context The compulsory purchase regime is founded on the premise that a proprietor of land, or of rights, that are compulsorily taken or disturbed is entitled to be compensated. Consequently, working out the compensation is a central part of the compulsory purchase process; see: Promoting a compulsory purchase order, covering preparation of the order, its supporting documents and the making of the order. This Practice Note sets out the core principles for assessing compensation arising from the compulsory acquisition of an interest in land. Compulsory acquisition must rest on specific statutory authority, whether for taking the land itself or rights in or over it. The Royal Prerogative is reserved to the Crown, and even the Crown typically prefers to expropriate or requisition land under statutory powers. Most acquisitions proceed under Public General Acts, for example the Highways Act 1980 (HiA 1980). The making and confirmation of a compulsory purchase order (CPO) is usually regulated by the Acquisition of Land Act 1981 (ALA 1981). See Practice Note: Sources and limits...

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PRECEDENTS
Members’ ordinary resolution approving a director’s service contract exceeding two years (fixed term, limited termination rights, or extended notice)

Ordinary resolution [ That the clause within the service contract proposed to be concluded between the Company and [ insert name of director ] stipulating that the period during which their employment [ [ shall continue OR could be continued ] otherwise than at the...

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Q&As
Disclaimed Headlease (No Vesting): Subtenant Exit & Dilapidations

A person with an interest in property that has been disclaimed (for instance, a sub-tenant) retains that interest on the same terms and subject to the same rights and obligations as if no disclaimer had occurred. If they carry out the tenant’s obligations under the disclaimed lease, they cannot be removed; if they do not, the landlord may distrain or forfeit—as explained by Lord Nicholls in Hindcastle Ltd v Barbara Attenborough Associates Ltd: the sub-tenant’s interest is unaffected by the determination of the tenant’s interest. Thus the sub-tenant holds the estate on identical terms, and remains subject to the same rights and obligations, as would apply if the tenant’s interest had continued. If they pay the rent and perform the tenant covenants in the disclaimed lease, the landlord cannot evict them. If they fail to do so, the landlord may distrain upon their goods for the rent reserved by the disclaimed lease or commence forfeiture proceedings...

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Q&As
CJRS post-furlough holiday pay: normal vs no normal working hours

Coronavirus (COVID-19)—holiday and holiday pay [Archived] If you require general guidance on matters concerning the right to holiday and holiday pay during the Coronavirus (COVID-19) pandemic, consult Practice Note: Coronavirus (COVID-19)—holiday and holiday pay [Archived]. The way holiday pay is calculated under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833, has continued unchanged throughout the coronavirus pandemic; the amendments contained in the Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendments Regs 2020), SI 2020/814, do not apply to the calculation of holiday pay. Under regulation 16 of the WTR 1998, SI 1998/1833, a worker taking statutory holiday is entitled to be paid at the rate of a “week’s pay” for each week of leave, with that figure determined in accordance with sections 221–224 of the Employment Rights Act 1996 (ERA 1996), subject to specified modifications. Different approaches to calculating a week’s pay are used depending on whether the worker has “normal working hours” or “no normal working hours”...

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Q&As
Prescription Act & lost modern grant: consent after 20yr parking

For this Q&A, we proceed on the basis that the easements are recorded on the title... Prescription Act 1832 The Prescription Act 1832 (PA 1832) sets out a statutory route for acquiring easements by prescription, operating in parallel with common law prescription and the doctrine of lost modern grant. The statutory framework can be outlined as follows: Easements other than rights of light: continuous, uninterrupted enjoyment for 40 years establishes a claim that is indefeasible save by express consent. Enjoyment for 20 years creates a claim that cannot be defeated by showing the right could not have existed since 1180, though it may still be overcome by any other available defences...

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