Safeguarded rights meaning

In this issue Equality and human rights Constitutional and administrative law Judicial review Public procurement Subsidy control and State aid Post-Brexit transition guidance Information law Other Public Law news Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information No Weekly Highlights on 24 April 2025 Equality and human rights Supreme Court rules that the EqA 2010 terms ‘man’, ‘woman’ and ‘sex’ denote biological sex (For Women Scotland Ltd v The Scottish Ministers). In For Women Scotland Ltd v Scottish Ministers [2025] UKSC 16, the UK Supreme Court unanimously concluded that these terms identify biological sex rather than ‘certificated sex’. The court determined that those holding a Gender Recognition Certificate (GRC) are not included within the EqA 2010 definition of their acquired gender. The ruling confirms that trans people remain safeguarded by the Act’s gender reassignment provisions and may pursue sex discrimination claims where...

Asociacion De Veciños As Conchas, Federacion De Consumidores Y Usuarios CECU 4019/2025 What are the practical implications of this case? This ruling of the High Court of Justice of Galicia has tangible consequences for those working in administrative, environmental, and human rights practice. On substance, the judgment forges a firm connection between ecological degradation—most notably agricultural water pollution—and violations of core rights: life, health, private life, and the ability to access safe water. It broadens legal acknowledgement of environmental damage as a direct encroachment upon constitutionally safeguarded rights, creating a persuasive precedent for advisers supporting individuals and community groups suffering from contamination. On procedure, the court affirms that neighbourhood associations and consumer organisations may pursue fundamental rights actions, even when they are not the immediate victims but act for collective interests. This enlarges the room for group litigation, particularly in environmental conflicts. Public law specialists should further observe the court’s dismissal of formalistic challenges to standing and admissibility, reflecting greater judicial receptivity to rights-based environmental claims. For public bodies...

Priyanka Shipping Ltd v Glory Bulk Shipping Pte Ltd [2019] EWHC 2804 (Comm), [2019] All ER (D) 176 (Oct) What are the practical implications of this case? This judgment neatly distils the rules on enforcing negative covenants through injunctive relief. It cautions parties against attempting to sidestep such restrictions by paying damages instead. The court emphasised the strong policy of holding parties to their bargains, and the authorities confirm that a defendant cannot simply buy the ability to trespass on the claimant’s contractual rights by paying compensation. The court also recapped the framework for negotiating damages (formerly termed Wrotham Park damages), concluding that such awards arise only where the breach causes the loss of a valuable asset that is created or safeguarded by the right infringed, as opposed to the contractual right in the abstract. What was the background? In April 2019, Priyanka Shipping Ltd (buyer) agreed to buy a vessel from Glory Bulk Shipping Pte Ltd, the seller, under a memorandum of agreement dated 26...

This Practice Note outlines and critiques the restrictions that arise when advice is provided to an individual who wishes to move from a defined benefit (DB) occupational pension scheme to a manner of defined contribution (DC) arrangement. It concentrates on what amounts to suitable independent advice, identifies which persons are authorised to deliver advice, and explains the Financial Conduct Authority (FCA) requirements placed upon those persons. The need to take advice Since 6 April 2015, members holding safeguarded benefits—broadly, DB entitlements—valued at £30,000 or more must obtain advice from a professional, independent financial adviser (described by the FCA as a Pension Transfer Specialist) if they intend to surrender safeguarded benefits in favour of flexible benefits—broadly, DC entitlements—whether by transferring them to a flexible benefit scheme, converting benefits into flexible benefits, or receiving them as an uncrystallised funds pension lump sum. This duty to seek advice, which this Practice Note terms the ‘appropriate independent advice requirement’, is considered in Practice Note: Requirement for appropriate independent advice on DB to...

ARCHIVED This Practice Note has been archived and is not maintained. It was originally prepared for LexisAdvance® Practical Guidance Singapore. Registration of a trade mark grants the proprietor the exclusive ability to use the mark in relation to the goods and services for which it is registered. It also provides the power to prevent others from using identical or similar marks on identical or similar goods or services, with infringement proceedings available to enforce those rights. Registration is not always essential for protection. An unregistered trade mark used in Singapore may still be safeguarded under the common law tort of passing off. In Singapore, registered trade marks are governed by the Trade Marks Act (Cap 332). A registration endures for ten years from the filing date of the application and can be renewed indefinitely in successive ten‑year periods. Priority claim Singapore is a member of the Paris Convention and of the World Trade Organisation (WTO). An applicant seeking to register a mark in Singapore...

A pension transfer A pension transfer takes place when an individual’s rights under one pension scheme are moved to another. The ceding scheme passes the relevant assets to the receiving scheme, which then assumes responsibility for providing the benefits for the person concerned. Members of all UK registered pension schemes that are personal pension schemes have an overriding statutory entitlement to transfer the cash equivalent of their benefits to another pension arrangement, subject to meeting certain prescribed conditions. Many personal pension schemes also allow transfers out in wider situations than those giving rise to the statutory right, for example: partial transfers transfers of benefits that are in drawdown transfers of particular assets in non-cash form In practice, it is crucial that transfers paid from personal pension schemes constitute a recognised transfer for HMRC purposes and do not inadvertently forfeit any tax-related protections or statuses the member may hold. Personal pension schemes can also receive transfers from other pension...

This Q&A considers a landlord’s ability to deal with their premises following service of a notice under section 13 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993). Once a section 13 notice is served, a statutory process begins that enables flat tenants to act together to buy the freehold of their building. The rights created by that notice ought to be safeguarded by entering an agreed or unilateral notice on the freehold title, or, where the landlord’s title is unregistered, by registering a class C(iv) land charge...