Benefits that a member has already accrued from a pension scheme when he ceases to be an active member (or the scheme closes) before his normal pension age and which are payable on retirement.

Employers with final salary pension schemes (a type of defined benefit scheme) have sought to control their exposure to financial liability and many have altered their benefit structures, closed it to new members or even closed it to future accrual. Despite a scheme being closed to future accrual (also known as a ‘frozen’ scheme), members may still retain a link to their final salary. When the link is retained, in a low pay increase environment the deferred revalued preserved pension can actually prove to be higher than expected if there had been no link to final salary, which can ultimately reduce (or remove entirely) the expected effect of the employers’ liability reduction proposals. This Practice Note focuses on the meaning, preservation and impact of a final salary link. For issues arising on the closure of a defined benefit scheme to future accrual, see Practice Notes: Closing a pension

IP analysis: The EU General Court upheld the EUIPO’s decision against Kneipp GmbH’s EU trade mark application for ‘Joyful by nature’, emphasizing the enduring reputation of Jean Patou’s ‘JOY’ perfume and its associated word mark. The General Court confirmed the significance of a mark’s historical reputation and affirmed that evidence predating the application can demonstrate a mark’s accumulated fame. Kneipp’s challenge was rejected on all counts, including as regards to the alleged similarity of the marks, the existence of a ‘link’ in the public’s mind, and the potential for unfair advantage. The General Court found that ‘JOY’ retained a reputation in a substantial part of the EU, and Kneipp had failed to prove a drastic loss of such reputation at the time of filing its own mark. The similarity of the marks was based on their visual, aural, and conceptual likeness, particularly the shared ‘joy’ element. The General Court also noted the proximity of the goods and services offered by both brands, rejecting Kneipp’s argument that they had ‘due cause’ for the use of ‘joy’ in their marketing. The case illustrates the importance of residual protection afforded to historically significant marks and the challenges new trade marks face when they are too similar to legacy brands. Written by Kaisa Patsalides, senior associate and Alexandra Stuart, trainee solicitor at CMS Cameron McKenna Nabarro Olswang LLP.

The Family Court (Composition and Distribution of Business) (Amendment) Rules 2021, SI 2021/505 (SI 2021/505)​ came into force on 24 May 2021. SI 2021/505 amends the Family Court (Composition and Distribution of Business) Rules 2014, SI 2014/840. In light of these changes, the President of the Family Division, Sir Andrew McFarlane, has issued new guidance:​ ‘Jurisdiction of the Family Court: Allocation of Cases Within the Family Court to High Court Judge Level and Transfer of Cases From the Family Court to the High Court.’ This guidance enters into force on 24 May 2021 and replaces the previous guidance given by the then President, Sir James Munby, on 28 February 2018. The changes to the original guidance are shown in the new document in red.​

The President of the Republic of Panama has ordered the urgent repeal of three decrees declaring that there be restricted access to information relating to arbitration proceedings filed against the Republic of Panama, reiterating his commitment to transparency and access to information.

President of the Employment Tribunals (England and Wales) Judge Barry Clarke has given a speech, on 11 September 2023, regarding 'Discrimination in Employment/Industrial Courts' at the Annual Conference of the Commonwealth Magistrates’ and Judges’ Association. In his speech, Judge Clarke surveys the historical background by which the Employment Tribunals in this country were given responsibility for deciding employment law disputes and, subsequently, allegations of workplace discrimination.

The President of the Family Division, Sir Andrew McFarlane, has announced that the Transparency Implementation Group Reporting Pilot which started at the family courts in Leeds, Cardiff and Carlisle will be extended to 16 more courts across England. The pilot will be rolled out across these courts from 29 January 2024.

The President of the Family Division, Sir Stephen Cobb, has delivered a keynote address on children’s rights in family justice, highlighting the influence of the UN Convention on the Rights of the Child (UNCRC) on judicial decision-making and the development of Child Focused Courts (formerly pathfinder). He said that the UNCRC has influenced judicial reasoning in England and that Wales has gone further by embedding its principles in public decision-making through legislation, policy and practice.

The President of the Family Division, Sir Andrew McFarlane, has delivered a speech at the 2025 Resolution Conference reflecting on decades of change in family justice, recent achievements and future priorities. Through collaborative effort, Sir Andrew reflected that the system has achieved a reduction of approximately 20% in public law cases and 30% in private law cases from Covid-era highs.

The President of the Family Division, Sir Andrew McFarlane, has released Practice Guidance addressing the transition of cases from the national Deprivation of Liberty (DOL) list to the Court of Protection (either at its central registry or one of its seven regional hubs). This guidance addresses some of the practical and procedural aspects of cases involving 16 and 17-year-olds where further consideration by the Court of Protection is deemed necessary. The aim of the Practice Guidance is to ensure that the process around the transition of cases is understood and managed effectively by judiciary and court staff.

Family analysis: The President of the Family Division, Sir Andrew McFarlane, has issued guidance on the forms of orders in public and private children cases. The primary purpose of the guidance is to allow the use of short forms of order as a temporary measure to support the effective preparation of court orders.

The President of the Family Division, Sir Andrew McFarlane, has released updated guidance on public law children cases with an international element. The revised guidance replaces the previous 2014 guidance on the International Child Abduction and Contact Unit (ICACU). It provides practitioners with guidance on obtaining information from other jurisdictions to assist the courts. While acknowledging that the 26-week timeframe may not always be achievable in such matters, the guidance aims to streamline the process of acquiring international information. The document, approved by Lord Justice Moylan and the Senior Master, also directs practitioners to the Family Procedure Rules 2010, Pt 12 and the Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010, SI 2010/1898.