On 23 June 2016, the UK voted in favour of leaving the European Union (EU). The referendum result is as historic as it is unprecedented, when the UK will become the first member state ever to exit the EU.

Sellers of commercial property often regard replying to standard form pre-contract enquiries as an inconvenient and unwanted chore, but a failure to treat the exercise with sufficient respect or to remember to update replies if circumstances change can lead to disastrous (and expensive) consequences…

In Pollock -v- Reed [2015] EWHC 3685 (Ch), the High Court confirmed that when certifying a 'without consent' bulk transfer under the Occupational Pension Schemes (Preservation of Benefit) Regulations 1991 (Preservation Regulations), a scheme actuary should not take into account the security of benefits in the transferring or receiving schemes but should only compare the ‘headline benefits’ in each scheme. The position does not change if the transferring scheme is in wind-up.

On 10 June 2016, the Commission published its Interpretative Guidelines (Guidelines) on Regulation (EC) No 261/2004 with respect to compensation and assistance for denied boarding, cancellations and long delays for flights (Regulation 261) and on Regulations (EC) No 2027/97 and (EC) No 889/2002 on air carrier liability in the event of accidents. The Guidelines do not contain any new information as to the practical application of the Regulations, but bring together key EU case law that has shaped passenger rights since 2005. They will act as a stop-gap until they are superseded by the promised revision to Regulation 261. It is also important to note that the Guidelines are not a substitute for, and will not prejudice, the Court of Justice of the European Union’s (CJEU) own interpretation of the law.   

Following the decision of the High Court in Isle of Wight Council -v- Jon Platt the position regarding unauthorised term time holidays and the issuing of fixed penalty notices has become uncertain for many schools. Nick Gibb, minister for schools, is reported in the press to have  ordered schools in England to ignore the recent ruling. The uncertainty caused by this court decision and the minister’s intervention does not help head teachers/principals. However, permission to appeal is being sought by Isle of Wight Council (the Council). It is reported that the secretary of state will fund the appeal and will seek to be joined into proceedings as an interested party.

Following her husband’s arrest on suspicion of downloading indecent images of children and voyeurism, primary school teacher Ms Pendleton was given an ultimatum by her employer: if she continued her relationship with her husband, she would be dismissed due to the school’s lack of trust and confidence in her. She chose to stand by her husband and was dismissed. In the case of Pendleton -v- Derbyshire County Council and The Governing Body of Glebe Junior School UKEAT/0238/15 the Employment Appeal Tribunal (EAT) was asked to decide if this was indirect religion or belief discrimination.

The Hong Kong office of commercial law firm Hill Dickinson has acted for an international superyacht broker operating in Hong Kong. The firm obtained a favourable judgment from the High Court of Hong Kong, which rejected a claim against its client relating to delivery of an Italian-built Azimut 43 Plus. 

International law firm Hill Dickinson has further strengthened its commodities team with the appointment of leading lawyer Patric McGonigal.

Manchester-based digital agency Building Blocks has been acquired by Dept UK Holding Limited. 

International law firm Hill Dickinson has announced the promotion of 31 senior lawyers across the firm, with three made up to partner level, ten to legal director and eighteen promoted to senior associate.

The recent case of V -v- Associated Newspapers Ltd & Others [2016] EWCOP 21 held that Reporting Restriction Orders (RROs) granted in the Court of Protection (COP) can extend beyond the death of the patient subject to the proceedings, and can even apply to prevent the patient being identified in press reports of ensuing inquest proceedings.

Collateral warranties remain a key document in the construction suite of documents. They are normally required when building works are carried out, or sought when existing recent developments are let, sold on or refinanced.