Fieldfisher

This Practice Note focuses on the pension aspects of outsourcing in the private sector. It outlines the extent to which the pension rights of transferring employees transfer to the supplier on an outsourcing, taking account of reg 10 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), SI 2006/246 and the Beckmann case law. It also covers the minimum statutory requirements in relation to transferring employees, the consultation obligations under TUPE and the outsourcing risks to customers and suppliers.

This Practice Note covers what scope there is for making a complaint to the Pensions Ombudsman (PO), including the persons eligible to apply to the Pensions Ombudsman to make a complaint, the type of matter that can be referred to the Pensions Ombudsman, steps that must be taken before a complainant can apply to the Pensions Ombudsman (ie going through a scheme’s internal dispute resolution procedure), the time limits to complain. It also looks at the steps involved in dealing with the complaint (ie the complainant’s application, the respondent’s response, the investigation and the determination), enforcement issues and appeals.

This Practice Note focuses on the pensions aspects of the City Code on Takeovers and Mergers and explains the pensions issues which arise on a transaction to which the Code applies.

The Practice Note examines in detail the powers of the Pension Regulator (TPR) to conduct investigations into criminal offences, and to overlap and coordinate with other regulators. It examines TPR’s investigation and enforcement powers and practical issues to consider. It describes the main objectives of TPR to provide context to the powers to take regulatory and enforcement action, action against avoidance and to gather information. It explains how the Pensions Schemes Act 2021 (PSA 2021) has extended these powers including creating offences to punish wilful and reckless behaviour and by giving TPR the power to impose fixed and escalating civil penalties (as alternatives to criminal sanctions) for non-compliance.

The disclosure of information from regulatory investigations will often be fiercely contested in private actions alleging breach of competition laws. This Practice Note considers the disclosure rules in English litigation and their application to different types of regulatory material in private actions, including infringements decisions and leniency submissions. The note explores the impact of EU court decisions, such as Pergan and ENBW, and their interpretation in UK private actions, such as National Grid and the Emerald case. Also explored is the potential impact of the 2014 EU Damages Directive.

Private competition actions are typically brought on a tortious basis with a claim for compensatory damages. This Practice Note explores the legal approach to establishing and quantifying compensatory damages and English cases in which damages have actually been awarded. There is a discussion of practical issues that have arisen, for example, the concepts of umbrella claims and passing on.

This Practice Note sets out practical guidance and tips to enable proprietors of UK registered and unregistered designs and registered and unregistered Community (EU) designs to ensure that their designs benefit from the protection available. The considerations include qualification criteria, how best to represent a design in the application, evidence, timing and grace periods, and ownership and assertion of rights. It includes references to the guidance issued by the UK Intellectual Property Office and EU Intellectual Property Office and to considerations arising from the Supreme Court’s decision in the Trunki case (PMS International Limited v Magmatic Limited [2016] UKSC 12).

This Practice Note considers the key cases in the rectification of pension scheme documents, including Lansing Linde v Alber, AMP v Barker, Gallaher v Gallaher, Scania v Wager, Smithson v Hamilton re Siemens, Chartbrook v Persimmon Homes, FSHC Group Holdings v Glas Trust Corporation, Univar v Smith, SPS Technologies v Moitt, and Re Mitchells & Butlers Pension Plan.

This Practice Note considers sentencing procedure in the magistrates’ court and Crown Court in accordance with the Sentencing Act 2020 (Sentencing Code). It covers how a sentencing hearing takes place including information on the procedural options available to the sentencing court (eg adjourning for pre-sentence reports, and, in the magistrates’ court, committing for sentence to the Crown Court, as well as deferring a sentence or proceeding to sentence immediately). It explains the material to be obtained in advance alongside any pre-sentence report such as impact statements of victims, communities and businesses, and character references to support the defendant’s mitigation. It also covers the procedure of a sentencing hearing, explaining that the prosecution advocate opens the facts and then the defence advocate summarises mitigation before the judge then pronounces the sentence and provides links to other relevant content. It also explains the ability of the court to correct minor errors in sentences under section 142 of the Magistrates’ Court Act 1980 or section 385 of the Sentencing Act 2020, commonly referred to as ‘the slip rule’.

This Practice Note provides an introduction to supplementary protection certificates (SPCs) and paediatric extensions in the EU. It explains the rationale for their introduction, how and when to apply for them and how long they last. This Practice Note also considers the key judgments from the Court of Justice concerning the interpretation of Regulation (EC) 469/2009 and Regulation (EC) 1610/96, which govern SPCs for medicinal products and plant protection products respectively.

This Practice Note provides an introduction to supplementary protection certificates (SPCs) and paediatric extensions in the UK. It explains the rationale for their introduction, how and when to apply for them and how long they last. This Practice Note also considers the key judgments on SPCs from the courts of England and Wales and guidance on SPC procedure issued by the UK IPO. It also discusses many references to the Court of Justice concerning the interpretation of Regulation (EC) 469/2009 and Regulation (EC) 1610/96, which govern SPCs for medicinal products and plant protection products in the EU (and, prior to Brexit, in the UK). The resulting Court of Justice decisions have shaped the scope of SPC protection in the EU and UK.

This Practice Note provides a snapshot of the Biocidal Products Regulation (BPR) EU No 528/2012. It provides details on the objective and scope of the BPR and key definitions such as ‘active substances’, ‘biocidal product’, and ‘harmful organism’. It also provides guidance on approvals for active substances including information on the Article 95 list and exclusion criteria, as well as renewal and review of active substance approvals. The Practice Note also covers authorisation of products containing biocides (biocidal products), derogations, treated articles and data sharing. The final section provides details on how, following Brexit, the retained BPR in Great Britain differs from the EU BPR.

This Practice Note examines the role and remit of the British Franchise Association (the BFA) in the franchise industry in the UK. It looks at the legislative and regulatory framework in the franchise industry, the membership criteria of the BFA, the BFA’s Code of Ethical Conduct, the complaints and appeals process of the BFA, the sanctions which the BFA can impose upon its members, and the relationship between the BFA and the European Franchise Federation.

This Precedent can be used by claimant or defendant representatives when instructing a clinical negligence expert to prepare a report on breach of duty.

This Precedent can be used by claimant or defendant representatives when instructing an expert to prepare a report on issues of causation.