‘Pension trustees in the UK will have to take an extra step to recover a disputed overpayment, as the English Court of Appeal has recently ruled that the Pensions Ombudsman (PO) is not a “competent court” for such purpose.’
OUT-LAW.com, 10th November 2023
Source: www.pinsentmasons.com
‘The trustees of a pension scheme discover that members have been mistakenly overpaid: perhaps because the trustees misinterpreted the scheme rules, or perhaps because certain provisions of the scheme rules that were assumed to be valid were in fact invalid. The trustees decide to recoup the overpayments by setting them off against members’ instalments of future pension. A member raises a dispute, either as to the amount to be recouped or the rate of deduction.’
Pensions Barrister, 9th November 2023
Source: www.pensionsbarrister.com
‘Justice in the Digital Age – Speech on the 150th Anniversary of the Technology and Construction Court.’
Courts and Tribunals Judiciary, 3rd November 2023
Source: www.judiciary.uk
‘Judgment of the CA was handed down today in Pensions Ombudsman v CMG Pension Trustees Ltd. CA confirmed that the requirement in s.91(6) PA95 for trustees to obtain an order of “a competent court”, where their right to recoup overpaid benefits from future pension payments is disputed by the member, is not satisfied solely by a determination of the Ombudsman. This means that such a determination will require to be enforced by the county court on the application of the trustees. However, the Court rejected the respondent’s argument that the county court has a judicial role to play, and held that enforcement was purely an administrative matter to be carried out by a court officer, without the court considering the merits of the matter.’
Pensions Barrister, 1st November 2023
Source: www.pensionsbarrister.com
‘A ban on “no-fault” evictions in England will be indefinitely delayed until after the court system is reformed, the government has announced.’
BBC News, 24th October 2023
Source: www.bbc.co.uk
‘Victims of violent and sexual crimes are calling for court transcript costs to be cut after they were quoted “unaffordable” sums for them.’
BBC News, 24th October 2023
Source: www.bbc.co.uk
‘In medieval times the court leet in Hampshire dealt with matters such as wrangles over water supply, the grazing of stock and what a proper measure of beer looked like.’
The Guardian, 2nd October 2023
Source: www.theguardian.com
‘Speech by Judge Barry Clarke: Discrimination in Employment/Industrial Courts.’
Courts and Tribunals Judiciary, 18th September 2023
Source: www.judiciary.uk
‘Important gaps remain in the government’s official repository of court judgments more than a year after its launch, research has revealed. According to the study by the Incorporated Council of Law Reporting in England and Wales (ICLR), about 20% of the judgments that might be expected to be on the National Archives’ Find Case Law database are missing.’
Law Society's Gazette, 15th September 2023
Source: www.lawgazette.co.uk
‘Justice secretary Alex Chalk must urgently “get to grips” with increasing civil court delays to help thousands of consumers trapped in “legal limbo”, the Association of Consumer Support Organisations (ACSO) has argued.’
Legal Futures, 6th September 2023
Source: www.legalfutures.co.uk
‘The Tipstaff is often one of the first topics of discussion raised by new clients who have been accused of abducting their children. Questions that I am regularly asked are “What is the Tipstaff?” “What is their role in my case?” “Why did they send the police to visit me?” and “why do I have to provide them with my passports?” ‘
Family Law, 26th June 2023
Source: www.familylaw.co.uk
‘Public confidence in the justice system is at risk of being undermined by the courts and tribunals service amid delays to key reforms, MPs have warned in a scathing report.’
The Independent, 30th June 2023
Source: www.independent.co.uk
‘Three-quarters of magistrates courts in England and Wales are inadequately accessible for people with disabilities, with a lack of ramps, inaccessible toilets and non-functioning hearing loops all featuring as failings.’
The Guardian, 19th June 2023
Source: www.theguardian.com
‘The role of Lord Chancellor is “at risk of being downgraded” because the operation of the courts is now “only a very small part” of what the office-holder does, the Lord Chief Justice (LCJ) has warned.’
Legal Futures, 15th June 2023
Source: www.legalfutures.co.uk
‘The Ministry of Justice (MoJ) has launched a new committee to help guide judges, legal representatives and litigants through online court procedures.’
Local Government Lawyer, 13th June 2023
Source: www.localgovernmentlawyer.co.uk
‘In 2022, the Criminal Bar Association voted to undertake industrial action, bringing the dire state of much of the criminal justice system into the public eye. Following successive cuts by the government, among the issues were unusable court buildings, including broken toilets, leaking ceilings and malfunctioning heating systems, and the dismal remuneration received by barristers – barristers who are tasked with working on the most serious cases across the Crown Courts.’
Each Other, 19th May 2023
Source: eachother.org.uk
‘A ban imposed nearly 100 years ago on photography in courts could be lifted under ideas being floated by the government to make the justice system more transparent.’
Law Society's Gazette, 11th May 2023
Source: www.lawgazette.co.uk
‘A mother who was subjected to an attack by her violent ex-partner said charging and trial delays left him free to attack a second woman. Speaking to the BBC, Elizabeth Hudson said the backlog of crown court cases was causing misery and distress for many victims.’
BBC News, 20th April 2023
Source: www.bbc.co.uk
‘The Ministry of Justice (MoJ) must publish data on the backlogs of individual criminal courts, a group that campaigns to improve public data has said.’
Legal Futures, 28th March 2023
Source: www.legalfutures.co.uk
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