Burges Salmon LLP

The rail industry is highly regulated and rail companies are often subject to the decisions of public bodies with authority over how they operate. The exercise of such governmental, statutory and regulatory powers can have substantial direct and indirect effects upon a company's costs, access rights and opportunities. When the decisions are inappropriate or unfair, Judicial Review proceedings are often the remedy available to the industry to defend its interests and expectations.

One area where even those experienced in HR can come unstuck is how to deal with employees on maternity leave. The authors consider some of the commonly asked questions.

Amid the economic turmoil sweeping the world, the financial services markets are evolving. Islamic finance has become the prevailing method of finance in some Eastern states where conventional finance once dominated.

HMRC announced on 15 October 2009 that anti-avoidance legislation will be included in the next Financial Bill, but which will have retrospective effect from 15 October 2009, and which affects debt buybacks.

HMRC new powers to obtain information and documents are now well embedded. They stem from Schedule 36 to the Finance Act 2008, as amended by Finance Act 2009. This applies to most direct taxes with effect from 1 April this year, and to further taxes (eg. SDLT etc) from 1 April next year.

Does your organization, like most, have a retirement age of 65? Although this is lawful for now, it may need to change in the near future.

The rules controlling when skilled workers are allowed to take jobs in the UK under the points-based system are to be tightened up.

The latest edition of our Environment and Energy Law newsletter. In this edition we look at: Energy and Power; Carbon, Climate Change and Sustainability; Waste and Contaminated Land; Chemicals, REACH and GHS; Environmental Legislation and Litigation and a review of case updates.

A guide to Tax Increment Financing exploring the advantages and disadvantages that it offers.

Our quarterly update keeping you informed of the latest developments in pensions and incentives law. In this issue: advice for trustees; higher rate tax relief; The Pensions Regulator.

Our quarterly update keeping you informed of the latest developments in Employment Law. In this issue: Taking holiday whilst on long-term sick leave; Agency Workers Directive; fraudulent and negligent misrepresentation.

In this Rail Briefing we look at a complex area of law which deals with how freight operators can achieve access to ports and terminals. Although we look at some general principles, a complete in-depth analysis of the law is outside the scope of this briefing.

The rights of passengers will be bolstered from 3 December 2009 when a new EU Regulation comes into force. Regulation 1371/2007 on rail passengers' rights and obligations will have direct force in the UK without the need for national legislation.

This briefing looks at how the bail out of the banking industry will affect Tax Grouping Rules.

Two employees of GE Healthcare have been awarded £1.5 million in compensation for making an invention of outstanding benefit. This is the first time a UK Court has made an award under Section 40 Patents Act 1977. This note examines the practical effect of the decision for innovative companies and the reasons for the decision.

Following protracted negotiations, the European Council adopted the new Waste Framework Directive (WFD) in October 2008. The WFD must be fully implemented into UK law by December 2010. This article explains all the changes.

Disputes are a fact of commercial life, now more so than ever. But the price of pursuing the 'right' result before a judge or arbitrator based on your adviser's legal analysis of the dispute may be too high when irrecoverable legal costs, the risk of losing, management time and the damage such a process can have on a commercial relationship are taken into account.

The UK, along with many other Member States of the EU, limits tax reliefs for donations to charity to charities based in the UK. Following the Persche ruling, HMRC will have to find practical ways of recognising foreign charities, whose constitutional documents may not be in English, for the purposes of granting similar tax reliefs.

As one of the world’s fastest growing economies, India possesses great potential for commercial real estate investors and developers. Changes in the rules governing foreign direct investment (FDI) in real estate have made the Indian market more favourable to foreign investors. However, many pitfalls remain. This briefing identifies and explores some of the key issues concerning real estate investment and development in India today.

This article looks at the problem of Payment Protection Insurance (PPI) mis-selling, the FSA's enforcement crackdown and its efforts towards regulatory change. It also sets out a checklist for firms selling PPI.

The Impact of Negative Banking Covenants on “connection” under the Loan Relationship Rules

Many charities and not-for-profits are large membership organisations which have particular problems in respect of their governance. This briefing looks at the problems and some solutions.

Employees have a statutory right to take a reasonable amount of unpaid time off work to care for dependants. This right arises where it is necessary because of the "unexpected disruption or termination of arrangements for the care of a dependant".

On 7 October 2008, the UK Government published its Banking Reform Proposals – the Banking Bill 2008 (the "Bill"). The Bill will replace and enhance the existing emergency legislation (which expires in February 2009) – the Banking (Special Provisions) Act 2008 (the "Special Provisions Act").

HMRC has published a briefing which confirms that withholding tax does not apply to interest which is re-categorized as a distribution.

When the ECJ decided the case of Marks & Spencer Plc v David Halsey it found that the UK group relief rules where mostly consistent with European law.

The Regulator's final version of the conflict of interest guidance has just been published.

On 16 September 2008 HMRC published guidance on the consequences of Demibourne Limited v HMRC [2005] which concerned an employer failing to operate PAYE and the employee paying tax on the income under self-assessment on the basis that he or she was self-employed.

We advised Alstom Transport who have been chosen by the Department for Transport to supply additional new Pendolino high-speed tilting trains for use on the West Coast Main Line between London and Glasgow. The combined manufacture and maintenance order is valued at £1.5 billion.

The Pensions Regulator (TPR) has issued new guidance wanting pension schemes to communicate more effectively and openly with their members.

This briefing reviews the battle between the Information Commissioner's Office (ICO) and the Financial Services Authority (FSA) over information disclosure.