Virgin Media: CA gives no respite
Paul Newman KC has written a casenote on today's decision, in which the CA dismissed the appeal against the judge's decision that the...
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Remind me about ... tPR's moral hazard powers
In the third of this "Remind me about" series, Oliver Hilton of Radcliffe Chambers looks at tPR's moral hazard powers. The "Remind me...
BBC English: CA rules on meaning of "interests"
Joseph Steadman, who appeared as counsel for the trustee, considers the Court of Appeal’s decision in British Broadcasting Corporation v...
Proving lost deeds: an Australian perspective
Paul Newman KC looks at a recent case illustrating the lengths to which the Australian courts are prepared to go to overcome the...
Illiquid SASSs: A way forward?
This week, Paul Newman KC looks at the problems that arise when small self-administered schemes holding commercial property need to...
Finance Act 2024 - new lump sum rules
Philip Simpson KC and Rebecca Sheldon of Old Square Tax Chambers have written an article on the new lump sum rules, and in particular the...
Trust me, I'm a dolphin!
Joseph Steadman of Wilberforce Chambers considers McHale v Dunlop, a recent claim for negligence and breach of fiduciary duty, arising...
Unreported decision on calculation of final salary underpins
Paul Newman KC looks at a hitherto unreported 2010 judgment in the IMG case on how to calculate final salary underpins. To read the...
Challenging FOS decisions: the Options case
Paul Newman KC discusses Options UK Personal Pensions LLP v Financial Services Ombudsman Ltd, in which the Court of Appeal dismissed a...
McCloud Costs Directions: BMA v HM Treasury
Edward Sawyer of Wilberforce Chambers discusses the Court of Appeal’s decision in BMA v HM Treasury, which upheld the validity of...
Lessons from the PO on recoupment and overpayments
Ram Lakshman of Wilberforce Chambers considers the important Pensions Ombudsman determination relating to the BIC UK Pension Scheme,...
The pro-rating of pensions increases
Paul Newman KC considers whether the pro-rating of annual non-statutory increases to pensions in payment for only part of a year can be...
Pension crimes, fines and insolvency practitioners
David Pollard of Wilberforce Chambers has written an article about the relevance of the recent Supreme Court decision in R (Palmer) - in...
Avon Cosmetics: a critical analysis
Naomi Ling of Outer Temple Chambers has provided a critical analysis of the recent Avon Cosmetics decision. To read the article, click on...
Historic discrimination and pension schemes
Claire Darwin KC of Matrix Chambers has written an article about pensions and age discrimination law in light of the recent Newell...
Climate Change and Investment Duties: a Prisoner's Dilemma?
James McCreath of Wilberforce Chambers comments on the recent FMLC report on pension trustees and fiduciary duties. To read the article,...
FTT criticises HMRC de-registration decision
Paul Newman KC has written a casenote on the recent NBC decision (2 February), in which the FTT allowed appeals against de-registration...
Avon calling again with the latest word ... on compromises!
Paul Newman KC has written a casenote on the judge's second judgment, delivered on 19 February, in the Avon case in relation to the...
CA confirms role of actuary in deficit repair provision
Paul Newman KC has written a casenote on the recent Court of Appeal decision in Railways Pension trustee Co Ltd v Atos IT Services UK...
CA holds incentives to agree changes to scheme taxable
Paul Newman KC considers the decision of the CA in HMRC v E.ON UK Plc (28 November 2023), in which the CA overturned a somewhat...
PO finds SSAS independent trustee liable for misinvestment
Paul Newman KC has written a casenote about the recent Ombudsman determination in the case of Mr N, in which the independent trustee of a...
Newell Trustees Ltd v Newell Rubbermaid UK Services Ltd
Edward Sawyer has written a casenote on the recent Newell decision, which provides a fresh insight into the effect of Courage provisos on...
New CPR rule for pensions rectification claims
David E Grant KC, who is a member of the Pensions Litigation Court Users' Committee, has written an article about the proposed change to...
Avon calling! ... with the latest word on severance
Paul Newman KC has written a casenote on the recent decision of HH Judge Davis-White KC in Avon Cosmetics Ltd v Dalriada Trustees Ltd &...
Lifetime allowance - abolished, but not quite!
Emily Campbell has written an article on the abolition of the lifetime allowance, cataloguing the various materials published since the...
Ombudsman overpayment determination
Happy New Year from Pensions Barrister! Paul Newman KC has written a casenote on the Ombudsman's first overpayment determination since...
Estoppel & formal invalidity revisited
Paul Newman KC has written a casenote on the recent decision of the High Court in Lendlease Construction (Europe) Ltd v Aecom Ltd, where...
Uncontroverted expert reports
Paul Newman KC has written a casenote on the recent decision of the Supreme Court in Tui UK Ltd v Griffith (29 November 2023), which...
Loophole in NHS Pensions Regs?
Paul Newman KC has written a casenote on the recent decision of the CA in Campbell v NHS Business Services Authority, in which a member...
A Change of Climate for Trustee Investment Duties?
Following the recent fine ordered by tPR in respect of ExxonMobil Pension Plan for breach of the OPS (Climate Change Governance and...
The Pensions Ombudsman - competent but not a court
On 1 November, CA appeared to envision a County Court "rubber stamping" procedure for overpayment dispute determinations. "Cui bono?",...
Ombudsman decision on overpayment
In this casenote, Paul Newman KC considers the recent decision of the Deputy Pensions Ombudsman in the matter of Mrs S, whose widow's...
The Remuneration of Pension Trustees
Robert Ham KC has written an article about two current issues regarding trustee remuneration, namely the 2022 decision of the Court of...
Third time lucky: ChD reconsiders failed unopposed rectification claim
A claimant has succeeded in obtaining rectification of a deed of appointment supplemental to a Will - but only on appeal to the Judge...
McGaughey v USS Ltd
Edward Sawyer has written a casenote on this decision, which considers derivative actions against directors of a corporate pension...
Biting the hand that no longer feeds: the Brass Trustees case
In this casenote, Paul Newman KC considers the recent case of Brass Trustees v Goldstone [2023] EWHC 1978 (Ch), in which the Court...
A short story of Dalriada's pursuit of liberators
Confused about all the cases with "Dalriada" in the title? Can't remember where the law has got to with reciprocation schemes? We are...
The BBC case & fetters on amendment powers
Joseph Steadman has written a casenote on the recent BBC case, where the Court considered the fetters on a scheme's amendment power in...
Distribution of surplus: a Scottish perspective
Paul Newman KC analyses a decision of the Court of Session on the application of surplus on the winding-up of a DB scheme. Using...
The omniscient draftsman - the answer to Virgin Media?
Paul Newman KC has written an article on the principles of statutory construction, which might be relevant to the interpretation of a...
Electronic execution of documents
Joseph Steadman has written an article about the signing and witnessing of documents electronically, and considers where the law has got...
Claims against pension trustees and limitation
Paul Newman KC takes a close look at how claims against pension scheme trustees may be affected by the Limitation Act 1980. Click below...
Remind me about ... pensions tax
In the second of this "Remind me about" series, Emily Campbell of Charles Russell Speechlys and Ram Lakshman of Wilberforce Chambers look...
The nature of a member's occupational pension rights
Paul Newman KC and Emily Campbell go back to first principles in this article which grapples with the fundamental question of the nature...
Pensions law and the Sequana decision
In this article, Tom Robinson considers the lessons that the 2022 Supreme Court decision in BTI 2014 LLC v Sequana has for pension...
Offering Sharia-compliant occupational pensions
Lydia Seymour discusses the important and topical question of whether there is an obligation to offer Sharia-compliant pension schemes....
Lawyers! Know your converse from your contrapositive!
In a stirring article to mark her transition after 27 years from the self-employed to the employed Bar, our Commissioning Editor, Emily...
Remind me about ... Sections 91 and 92 PA95
In the first of our "Remind me about" series, John Grocott-Barrett of Wilberforce Chambers summarises the law relating to these two...
Union challenge to imposition of McCloud costs on members rejected by High Court
Paul Newman KC has written a summary of the decision published earlier this week in R (aoa Fire Brigades Union) v HM Treasury/ R (oao The...
Judicial review and pensions
Patrick Halliday of 11KBW Chambers looks at judicial review in the context of pension disputes, some recent examples in the caselaw,...
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