header-logo header-logo

15 October 2020 / Nicholas Dobson
Issue: 7906 / Categories: Features , Public
printer mail-detail

Public law update: Split decision on pensions

29197
Nicholas Dobson reports on ethical investments & the Local Government Pension Scheme

In brief

  • Provisions in Local Government Pensions Scheme Guidance purporting to prevent an administering authority pursuing policies contrary to UK foreign or defence policy were ultra vires.

Law is an inexact science. While in simple arithmetic most will agree that 2 + 2 = 4, the answer to a legal question is rarely so straightforward. For, given the circumstances (and the constitution of any determining court), the answer to a legal 2 + 2 might vary considerably between say 3/3.5 and a generous 5 or more. As the old joke goes, two lawyers, three opinions. Law being a creature of human beings (and therefore a function of their ‘infinite variety’, the multifarious prevailing circumstances and the differing life prisms through which judges view issues and authorities before them), court decisions are always bespoke and often unpredictable.

The Supreme Court decision on the scope of ethical investments permitted to local government pension scheme administrators is perhaps a case in point. For in R (Palestine Solidarity Campaign Ltd

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll