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Latest news

High Court holds that Trustees can take into consideration the interests of employers

The High Court has today handed down the judgment in one of the most significant pensions cases in the last 12 months. The case has clarified the widely held view that trustees of pension scheme must act in the best interests of the members of the scheme in all decisions they make. 

Burges Salmon advises private investor on £22m acquisition of The Rolex Store

A cross-departmental team comprising real estate, corporate and tax lawyers from Burges Salmon has advised a private investor on the acquisition of The Rolex Store at One Hyde Park, London. The acquisition was structured by way of a corporate acquisition of the property holding company.

Burges Salmon appointed to FSCS legal panel

Burges Salmon has been appointed by the Financial Services Compensation Scheme (FSCS) to its newly created legal panel. The firm will provide FSCS with a range of legal services and is one of eight firms appointed to the panel, which FSCS will utilise to manage the majority of its legal advice and representation.

Legal updates

Accident “very likely” caused by fatigue still basis for safety prosecution

The Court of Appeal recently dismissed appeals brought by Balfour Beatty and Enterprise following the death of a member of the public driving through a temporary traffic management system on the A50. The case reaffirmed some well-known principles but is a timely reminder of the factors considered in health and safety prosecutions.

A change in the balance of commercial interest requires a public contract to be tendered

If a contract subject to the public procurement regime is “materially varied” it must be retendered. What amounts to a material variation has been a matter for case law following the leading European Case Pressetext.  

Constructive dismissal and the effect of delay in resigning

Burges Salmon acted for the employer in the case of Colomar Mari v Reuters Ltd, successfully arguing before the Employment Appeal Tribunal (EAT) that the employee was not too unwell to resign and, by her conduct, had affirmed her contract of employment. Accordingly, she was not entitled to bring a claim of constructive dismissal.

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Environment and Energy Law – Winter 2014

The latest edition of our Environment and Energy Law newsletter features an update on the government's Autumn Statement, ECO orders, recycling requirements and more.

In Focus
In Focus - Winter 2015

In the Winter edition of In Focus, our quarterly employment law update, we look at the Fit for Work advice service, retrospective holiday pay claims, and a case regarding whether obesity can amount to a disability.