‘In the second part of his article on the use of evidence law in pensions cases, Paul Newman KC looks at: the evidence required to rectify scheme documents; the nature of the evidence necessary to establish the conduct of groups of scheme members; and the use of Re Benjamin orders to deal with missing or incorrect scheme data.’
Pensions Barrister, 19th December 2024
Source: www.pensionsbarrister.com
‘Professional negligence claims are somewhat more susceptible to the many procedural pitfalls in civil litigation. Passage of time, lengthy negotiations before issue, insolvency.’
Gatehouse Chambers, 26th November 2024
Source: gatehouselaw.co.uk
‘In the first part of a major two-part article on the use of evidence law in pensions cases, Paul Newman KC considers the extent to which evidence law can overcome missing pension scheme documents.’
Pensions Barrister, 11th December 2024
Source: www.pensionsbarrister.com
‘A creditor has been prohibited from obtaining a mandatory injunction that would have required a debtor to draw down a lump sum from his occupational pension scheme for the purpose of paying a default judgment.’
OUT-LAW.com, 9th December 2024
Source: www.pinsentmasons.com
‘Paul Newman KC examines a recent High Court decision on the test for financial dependency in a claim for death benefits under the LGPS.’
Pensions Barrister, 5th December 2024
Source: www.pensionsbarrister.com
‘Those working in the Pensions on Divorce arena (whether PODEs, solicitors or scheme administrators) will by now be all too familiar with the McCloud ruling, and how much additional work this has caused for cases involving public sector pension schemes.’
Financial Remedies Journal, 21st November 2024
Source: financialremediesjournal.com
‘In National Union of Rail, Maritime and Transport Workers v Tyne and Wear Passenger Transport Executive T/A Nexus [2024] UKSC 37, the Supreme Court has handed down an important judgment on the scope of rectification, holding that a collective bargaining agreement can be rectified even though it is not a legally enforceable contract. Of greater relevance for pensions lawyers is the decision that the Employment Tribunal, whilst it does not have the power to make a rectification order, can nevertheless treat a document as having been rectified on the basis of the principle that “equity can treat as done that which ought to have been done”. This has potentially wide-ranging consequences for other statutory tribunals, including the FTT and the Pensions Ombudsman.’
Pensions Barrister, 14th November 2024
Source: www.pensionsbarrister.com
‘The UK Pensions Ombudsman (PO) will soon launch an expedited determinations scheme to help speed up the resolution of complaints and allow adjudicators to focus on more complex cases.’
OUT-LAW.com, 2nd October 2024
Source: www.pinsentmasons.com
‘Pensions analysis: In a landmark ruling, dismissing the appeal brought by Virgin Media Ltd (Virgin) against the first instance decision of Mrs Justice Bacon, the Court of Appeal held that the term ‘section 9(2B) rights’ in regulation 42(2) of the Occupational Pension Schemes (Contracting-out) Regulations 1996 (the Contracting-out Regulations), as in force from 6 April 1997 to 5 April 2013, included pension rights earned by both past and future service. The judgment potentially has very significant implications for occupational pension schemes that were contracted out of the Additional State Pension on the salary-related basis under section 9(2B) of the Pension Schemes Act 1993 (PSA 1993) : absent actuarial confirmation as required by PSA 1993, s 37, it now appears certain historical alterations to members’ future (as well as past) service rights under such schemes will be void. Important practical issues concerning the nature and scope of the required actuarial confirmation, however, remain unresolved. Written by Henry Day, barrister at Radcliffe Chambers.’
Radcliffe Chambers, 19th August 2024
Source: radcliffechambers.com
‘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 contracting-out legislation required amendments which only affected future service benefits to be accompanied by written actuarial confirmation.’
Pensions Barrister, 25th July 2024
Source: www.pensionsbarrister.com
‘In the third of this “Remind me about” series, Oliver Hilton of Radcliffe Chambers looks at tPR’s moral hazard powers. The “Remind me about” series is aimed as a training tool and as an update for busy practitioners.’
Pensions Barrister, 25th July 2024
Source: www.pensionsbarrister.com
‘Two recent decisions of the UK Pensions Ombudsman (PO) place the onus on the scheme member to use providers’ online systems correctly and to switch to alternative means of communication when those systems are unavailable.’
OUT-LAW.com, 28th June 2024
Source: www.pinsentmasons.com
‘This week, Paul Newman KC looks at the problems that arise when small self-administered schemes holding commercial property need to liquidate the asset to pay pension benefits.’
Pensions Barrister, 27th June 2024
Source: www.pensionsbarrister.com
‘In Clarke v Chief Constable of Derbyshire Constabulary [2024] EWCA Civ 676, the Court of Appeal had to consider whether the employment tribunal has jurisdiction under the Equality Act 2010 to determine whether the payment of a disablement gratuity to a former police officer gives rise to unlawful discrimination, which turned on whether the gratuity constituted an “occupational pension scheme” within the meaning of s.1 of the Pension Schemes Act 1993.’
Pensions Barrister, 20th June 2024
Source: www.pensionsbarrister.com
‘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 rules on pension commencement lump sums.’
Pensions Barrister, 20th June 2024
Source: www.pensionsbarrister.com
‘SP v AL [2024] EWFC 72(B). In this judgment, His Honour Judge Hess sets an example of how, by following a logical thought process, seemingly complex pensions can be reduced to a very straightforward outcome.’
Financial Remedies Journal, 13th June 2024
Source: financialremediesjournal.com
‘Joseph Steadman of Wilberforce Chambers considers McHale v Dunlop, a recent claim for negligence and breach of fiduciary duty, arising from the loss of pension assets transferred into a SSAS and invested in an overseas investment scheme.’
Pensions Barrister, 13th June 2024
Source: www.pensionsbarrister.com
‘Two former directors of the collapsed department store chain BHS have been ordered to pay at least £18m after the pair were found liable for wrongful trading and breaching their corporate duties.’
The Guardian, 11th June 2024
Source: www.theguardian.com
‘A banking fraudster has been sentenced for making fake applications to banks and a pension company to obtain loans, banking, and pension facilities, totalling around £178,000 in potential losses.’
Crown Prosecution Service, 24th May 2024
Source: www.cps.gov.uk
© Inner Temple Library 2024