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We recognise that some legal developments need to be understood in detail. Our publications and briefings provide an in-depth analysis of commercial and legal developments, as they happen.

News and Views

  • High Court issues reminder that infringement of unregistered design right is not to be equated with copyright infringement

    On 25 August 2017 in Neptune (Europe) Ltd v. Devol Kitchens Ltd [2017] EWHC 2172, Mr Justice Henry Carr sitting in the High Court dismissed the claim that the Defendant's modular kitchen range known as Shaker infringed the UK unregistered design right (UKUDR) which vested in the Claimant's Chichester kitchen (the Range). The Court also ruled that the Shaker range did not infringe Community Design No 793534 (CDR) relating to a drawer unit from the Range.

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  • Can a disciplinary investigation be too thorough?

    In NHS 24 v Pillar (UKEATS/0005/16) the Employment Appeal Tribunal (EAT) considered whether a disciplinary investigation had been too thorough.

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  • Donations: biting the hand that feeds you?

    • More and more charities are looking to increase their voluntary income to allow them to meet their beneficiaries' growing needs.  A significant number of charities are therefore now choosing major donors and larger gifts in a race to become sustainable. 

    The recent National Audit Office (NAO) best-practice report on how to manage the unique risks that larger donations present is therefore timely and, whilst aimed at museums and galleries, is equally as useful for the wider charities sector. 

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  • Smart ticketing – is everyone on board?

    Speaking at the Conservative party conference in Manchester, Transport Secretary Chris Grayling announced plans to invest £80 million into smart ticketing technology across the rail network in England and Wales.[1]

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  • Judgment issued by the Court of Appeal questions the equalisation of benefits

    The Court of Appeal has issued a judgment which may re-open the question of whether equalisation of benefits between male and female members can be achieved retrospectively.

    The Safeway Pension Scheme (Scheme) was originally established in 1978 and, in line with many schemes at the time, provided for a normal retirement date (NRD) of 60 for female members and 65 for male members.

    On 17 May 1990 the European Court of Justice held, in Barber v Guardian Royal Exchange (what you may sometimes hear referred to as the Barber case) that pensions are deferred pay, and therefore subject to the principle of equal treatment under Article 119 of the Treaty of Rome. As a result, all schemes which had unequal NRDs for their male and female members had to take steps to equalise them. Later decisions of the European Court of Justice confirmed that:

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