Legal News

Mc Bride v Scottish Ministers ( ETS/4102841/2023) Although Kenny Mc Bride reported feeling acutely upset by remarks at LGBTQ+ events and staff forums that prioritised the lived experience of transgender people over biological sex, Employment Judge David Hoey, in a 136-page decision, concluded that Mc Bride entered these discussions anticipating the response. The tribunal recorded that he intentionally engaged with people he expected to oppose him and sought to draw out their beliefs to show that the respondent did not share his position, Judge Hoey wrote for the tribunal. However, the panel determined there was no connection at all between Mc Bride’s belief that sex is binary and how he was treated. Mc Bride was employed on a temporary basis by Pertemps Recruitment Ltd and, in June 2022, was assigned to Transport Scotland, the Scottish government’s transport agency......

The Serious Fraud Office ( SFO) stated it has recovered funds from Shaun Kiely after asset recovery proceedings in northern England. In 2011, Kiely received a three‑year prison term for orchestrating a £1.3 million property investment scam. He was also found guilty on 11 counts of deception and fraud amid claims he exaggerated the turnover of his company, which marketed commercial properties to the investors. He also assured backers they would see returns by letting the properties to a separate enterprise that he both owned and ran......

Judgment and case digest: Virgin Media Ltd v NTL Pension Trustees II Ltd [2024] EWCA Civ 843, [2024] All ER ( D) 118 ( Jul) Background: Ensuring that contracted out schemes remain sufficiently generous From 6 April 1997 to 5 April 2016, certain salary-related schemes could contract out, meaning members did not accrue some State Pension rights and both they and their employers paid reduced national insurance contributions. In return, those schemes had to offer benefits at least matching a prescribed ‘reference scheme’, serving as broad compensation for the State Pension foregone. Where a scheme first contracted out on or after 6 April 1997, the scheme actuary demonstrated adequacy by certifying that the reference scheme test was satisfied. After that point, and broadly every three years, the actuary had to revisit this forward-looking...

Consult Practice Note: Litigation funding agreements—investment top-ups. For overviews...

Michael Burton v Ministry of Justice [2024] EWCA Civ 681 What are the practical implications of this case? The ruling serves as a warning for judgment creditors. First, it underlines the importance of creditors closely scrutinising the enforcement measures an enforcement agent proposes to pursue. It also suggests that meaningful engagement between creditors and enforcement agents can lessen the chance that a creditor is found liable for an agent’s actions and/or failings. On the flip side, the decision confirms the policy view that debtors are commonly vulnerable; accordingly, it reminds judgment debtors that the courts will provide redress when their human rights are infringed and where any such interference causes loss beyond that allowed by legislation. When a judgment debtor asserts losses arising from enforcement activity, a central message from the Court of Appeal’s decision is that a judgment creditor’s...

The German reinsurance firm stated on 31 July 2024 that severe thunderstorms, floods and wildfires made up 76% of insured losses in the first six months of 2024. The group linked the higher insured losses directly to these perils becoming more frequent and more intense over time. “ Weather-driven natural catastrophes, notably in North America, once again dominate the loss figures for the first half of the year,” said Thomas Blunck, a member of the group’s management board. “ There has also been flooding in places where it is exceptionally uncommon, including Dubai.” Blunck said it is highly likely that climate change is helping to drive this pattern. “ Climate change brings evolving exposures that everyone — society, business and the insurance market alike — must adapt to, in order to curb the escalating losses from weather-related events,” he added......

What are the key findings of this Report? The Report identifies four principal findings: legislative reform: the previous UK administration introduced sweeping legislative, operational and policy changes to deploy sanctions against kleptocracy. This encompasses creating the Combatting Kleptocracy Cell ( CKC) within the National Crime Agency ( NCA) and setting up a new Office of Trade Sanctions Implementation ( OTSI) fragmented regulatory framework: a major impediment to enforcement is the UK’s fragmented sanctions system. Multiple agencies and their enforcement activity lack a coherent strategy, transparency and coordination limited civil enforcement: there has been little inclination to levy or publicise civil penalties for violations, shown by the Office of Financial Sanctions Implementation ( OFSI) having only ‘named and shamed’ one company and issued a single fine for post‑invasion breaches of the Russian sanctions regime. OFSI and HMRC, which enforce trade sanctions, have tended to prefer gentle...

HMRC figures released on 31 July 2024 reveal that 2.6 million individuals have to date taken a flexible pension payment, with 43% aged under 60 and 28% aged 64 or below. Just Group reported that nearly two-thirds of the £83bn drawn via flexible payments since pension freedom rules were introduced in 2015 has been taken by those under 65. Stephen Lowe, group communications director at the retirement savings firm, warned that savers should handle withdrawals carefully and with caution......

Private actions CAT issues ruling making CPO in favour of the Road Haulage Association in trucks cartel proceedings The CAT has handed down its ruling in Road Haulage Association Limited v Man SE and Others, deciding an application for a collective proceedings order ( CPO) arising from follow-on damages claims linked to the Commission’s decision of 19 July 2024, which concluded that five truck makers ( MAN, Volvo/ Renault, Daimler, Iveco and DAF) engaged in a cartel in markets for the production of heavy and medium duty trucks ( Case 39824). On 8 June 2022, the CAT heard the RHA’s CPO application concurrently with a separate application brought by UK Trucks Claim Limited ( UKTC). The Tribunal favoured the RHA’s opt-in approach and declined UKTC’s opt-out proposal, rejecting the latter claim. UKTC and several of the defendants appealed the CAT’s judgment to the Court of...

Net migration to the UK Net migration to the UK totalled 685,000 last year, a fall from the record 745,000 reached in 2022, yet still above any pre‑ Brexit year. This number is expected to edge down further as a result of measures introduced by the previous government: curbing international student numbers, barring dependants, and sharply increasing salary thresholds for skilled workers—steps the new government says it backs and will keep in place. It follows that Labour’s manifesto offered little in the way of fresh immigration policy detail. Of the forty Bills set out in the King’s speech, only two touch on immigration: one concerns asylum; the other, the Skills England Bill, leaves immigration law unchanged and instead creates a statutory body to deliver a national skills strategy. Bear in mind that amendments to the Immigration Rules do not need primary...

Future Growth Capital On 31 July 2024, the long‑term savings and retirement business, together with the global investment manager, announced their joint venture, Future Growth Capital, which intends to direct capital into expanding firms that are not listed on the stock market. They said the initiative will be the first private market investment manager to be set up in the UK to advance the objectives of the Mansion House Compact—an agreement tabled by the previous government with the retirement savings sector that saw pensions firms pledge to allocate a minimum of 5% of defined contribution funds to unlisted equities by 2030. Phoenix and Schroders added that a core priority is investing on behalf of pension savers to build the UK businesses ‘of the future’. It will also invest across global private markets......

Mergers Commission publishes statement on IAG’s announcement to abandon its acquisition of Air Europa The Commission has issued a statement from Executive Vice- President Vestager on its phase II investigation into IAG/ Air Europa ( M.11109), concerning International Consolidated Airlines Group, S. A. ( IAG) and Air Europa Holding, S. L., thereof accordingly......

In this issue: Residential tenancies Electronic communications Disputes and remedies Lex Talk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts Dates for your diary Trackers Residential tenancies Level of financial penalties for house in multiple occupation offences ( Shorr v Camden London Borough Council) In Shorr v Camden London Borough Council [2024] UKUT 202 ( LC), [2024] All ER ( D) 120 ( Jul), the Upper Tribunal ( Lands Chamber) (the UT) partially allowed the appeal brought by the married appellants ( S and R). They challenged the First-tier Tribunal ( Property Chamber) (the FTT), which had rejected their argument that they had a reasonable excuse—namely a lack of knowledge—for not securing an HMO licence for a flat occupied by four tenants under Part 2 of the Housing Act 2004 ( HA 2004). Under the...

Original news Mr R ( CAS-69733- Y8D0)—22 March 2024 Summary The DPO dismissed a complaint about the level of charges applied to a personal pension and the transparency of its charging schedule. The complainant had accepted the fees in the application form, and the amounts were broadly in line with those set out in a personal illustration he received before joining the scheme. He had also agreed to incur additional charges for holding non-standard investments, and the published fee schedules were not lacking in clarity. The DPO’s determination serves as a reminder that pension schemes should take particular care in how they present information. What were the facts? Mr R was a member of the City Private Pension Self- Invested Personal Pension Scheme (the Scheme), which was operated by Mattioli Woods......

NOTE: In Spirit ( Legacy) Pension Trustee v Alexis [2025] EWHC 2237 ( Ch), the judgment handed down on 1 September 2025 saw the High Court allow an appeal against the Pension Ombudsman’s decision in this matter. Specifically, the finding that Mrs Alexis qualified for a state scheme supplement until her 66th, rather than 65th, birthday was overturned, and paragraph 50 of the determination was set aside. For additional detail, see Case Analysis: A static statutory reference relating to State pension age ( Spirit ( Legacy) Pension Trustee v Alexis)... Original news Mrs S ( CAS-29191- V6G7)—12 June 2024 Summary The Pensions Ombudsman upheld a complaint concerning the payment of a state scheme supplement. The supplement was payable until the complainant reached her actual state pension age of 66, rather than age 65 as contended by the scheme. The relevant definition within the pension scheme...

In a report dated 29 July 2024, Hymans Robertson LLP argued that reshaping the existing pension tax relief regime could unlock more than £20bn each year for the new Labour administration to channel into the UK’s growth sectors. At present, the state offers tax relief on pension payments, providing savers with a financial nudge to contribute. Under this arrangement, basic-rate payers receive 20% relief, so £800 of net pay becomes a £1,000 pension input thanks to a £200 addition from the government. The policy aims to promote saving, yet a sizeable share is reclaimed when pensions are withdrawn in retirement, as that income is taxable. Typically, a standard employee hands back £150 of the £200 benefit through tax on their pension income. This cycle reflects how incentives are largely offset by later taxation ultimately......

In this issue: Arbitration in England & Wales International Arbitration Investment treaty arbitration Institutional and ad hoc arbitration Sector-and industry-specific arbitration Other arbitration and ADR-related news and developments Lex Talk®Arbitration: a Lexis®Nexis community Daily and weekly news alerts Arbitration in England & Wales Arbitration Bill receives second reading in House of Lords The Arbitration Bill completed its second reading in the House of Lords on 30 July 2024, with a broad discussion covering all elements of the draft. It now advances to a clause-by-clause review at Committee Stage on 11 September 2024. See: LNB News 31/07/2024 29. International Arbitration Annual blog post— Arbitration statistics 2023: rising caseloads and repeat appointments The Lexis Nexis Arbitration Blog has released its seventh annual survey of international arbitration statistics, authored by James Clanchy, FCIArb—an arbitrator in independent practice and member of the Lexis®PSL...

Crypto Open Patent Alliance v Wright; Wright and another company v Coinbase Global Inc and other companies; Wright and another company v Payward, Inc and other companies and other cases [2024] EWHC 1809 ( Ch) What are the practical implications of this case? Applying settled principles, the court underlined the breadth and adaptability of injunctive relief, noting the existing authority that novel circumstances can justify new forms of injunction. It also addressed the imperative to act where the IP regime is being misused to choke creativity and technical progress, thereby defeating the system’s underlying purpose. The court was required to balance freedom of expression against the need to deter those minded to advance dishonest claims, while also weighing the prospective damage to legitimate commercial activity were relief to be withheld. Taken together, these considerations justified orders restraining the making or pursuit of claims or...

In this issue: Equity capital markets Corporate governance Public company takeovers ( Offers) Daily and weekly news alerts New and updated content Dates for your diary Trackers New Q& As Useful information Equity capital markets FCA publishes consultations and policy statement aimed at capital markets reform The Financial Conduct Authority ( FCA) has unveiled a suite of measures intended to reinforce the UK’s capital markets. These include: a consultation on proposed rules to create the new Public Offers and Admissions to Trading Regime ( POATRs), which will replace the current UK Prospectus Regulation; a consultation setting out proposals for a new activity of operating a public offer platform; and a consultation on derivatives trading obligations designed to improve secondary market regulation, cut systemic risk and minimise disruption for firms. The package also contains policy statement PS24/9, Payment...

TPR said on 30 July 2024 that most trustees meet their ESG duties. However, it also reported that, among around 3,500 plans examined, just 1% wholly failed to include links to pertinent disclosures, such as statements of investment principles or implementation. Trustees are required to explain how ESG considerations have been taken into account within these statements, which must appear on a website that is publicly available and easy to access. Members of the savings plans must be supplied with a link to that site. Mark Hill, TPR’s climate and sustainability lead, noted that a focus on 'compliance only is a missed......