‘As the watchdog considers formal compensation arrangements for savers sold inappropriate deals, Katie Morley looks at how much they could be owed in redress.’
Daily Telegraph, 14th March 2015
Source: www.telegraph.co.uk
Webber v Department for Education [2014] EWHC 4240 (Ch); [2015] WLR (D) 14
‘It was prima facie a matter for the ombudsman to assess whether and to what extent an oral hearing was necessary either to enable the investigation to be satisfactorily completed or out of fairness, and such decisions could only be challenged on appeal on the familiar basis that they exceeded the generous ambit within which reasonable disagreement was possible.’
WLR Daily, 19th December 2014
Source: www.iclr.co.uk
‘The Pensions Ombudsman has dismissed complaints by three pension scheme members who were prevented from transferring their savings into suspected liberation schemes, but has warned that “mere suspicion” is not enough reason for a provider to block a transfer request.’
OUT-LAW.com, 12th January 2015
Source: www.out-law.com
‘Trustees in bankruptcy should not be able to access a bankrupt pension scheme member’s savings for the purposes of paying off debts, a High Court judge has ruled, contradicting a 2012 decision of the same court.’
OUT-LAW.com, 8th January 2015
Source: www.out-law.com
‘The FOS yesterday published its 2015/16 budget consultation. In short, we can expect more of the same.’
RPC Financial Services Blog, 7th January 2015
Source: www.rpc.co.uk
Horton v Henry [2014] EWHC 4209 (Ch); [2014] WLR (D) 551
‘There was no power vested in the court pursuant to section 310 of the Insolvency Act 1986 to make an income payments order in respect of an uncrystallised pension not yet in payment.’
WLR Daily, 17th December 2014
Source: www.iclr.co.uk
‘Little has been written on the subject of pension trusts, and the ways in which pension laws and trust laws interact. As academic subjects, many issues such as the purpose of a pension trust, employer duties, and the duties of directors of trustee companies, have long been under-represented. However, pension trust law is a technical area that requires more attention, and is also considered to be an exciting area of law that has been ignored in academia for too long. Author of The Law of Pension Trusts, David Pollard, explains why he decided to fill this gap and what issues he felt needed to be tackled in the law of pension trusts.’
OUP Blog, 6th January 2015
Source: http://blog.oup.com
‘A new market for trading the pension debts of insolvent companies will be created as a result of a recent High Court ruling. The ruling will also result in more efficient, earlier winding up of pension schemes when companies go out of business.’
OUT-LAW.com, 4th December 2014
Source: www.out-law.com
‘The amount of enforcement action taken against employers for non-compliance with their automatic enrolment duties rose considerably in September, according to the Pensions Regulator, which has also recently issued its first fines for breaches.’
OUT-LAW.com, 29th October 2014
Source: www.out-law.com
‘Harini Iyengar comments on the latest Court of Appeal case on the calculation of damages for a lost career.’
Employment Law Blog, 25th September 2014
Source: www.employment11kbw.com
‘This consultation seeks views on the proposed design of the Fee-paid Judicial Pension Scheme (FPJPS).’
Ministry of Justice, 19th September 2014
Source: https://consult.justice.gov.uk
‘This week, former leaders of the Khmer Rouge face life imprisonment for crimes against humanity committed in Cambodia. In other news, the on-going conflict in Gaza sparks controversy at home, while the Lords inquiry into social media offences reaches an unexpected conclusion.’
UK Human Rights Blog, 18th August 2014
Source: www.ukhumanrightsblog.com
‘As part of its inquiry into the office of Lord Chancellor, the Constitution Committee asks whether “new” (i.e. post-2003) Lord Chancellors have actually defended judicial independence in line with their customary and now statutory duty to do so. I was asked for examples earlier this summer when appearing before the Committee (with Andrew Le Sueur and Patrick O’Brien). I tried to identify some, but rather garbled my answer. Earlier in the year I also sketched some thoughts about Lord Chancellors in Public Law, but struggled to find clear-cut examples. One reason is that collective cabinet responsibility and the confidentiality of exchanges between Lord Chancellors and judges mean that outsiders will seldom have a full picture of what has occurred behind closed doors. This is unfortunate since my impression is that many lawyers assume—mistakenly, I think—that new Lord Chancellors are neither willing nor able to defend judicial independence. This post is hopefully third time lucky in correcting this assumption. By drawing on press reports, public statements and interviews that Robert Hazell, Kate Malleson, Patrick O’Brien and I conducted between 2011-2013, I want to piece together evidence that suggests that new Lord Chancellors can and do defend judicial independence.’
UK Constitutional Law Association, 18th August 2014
Source: www.ukconstitutionallaw.org/blog
MB v Secretary of State for Work and Pensions [2014] EWCA Civ 1112; [2014] WLR (D) 355
‘The effect of section 4 of the Gender Recognition Act 2004, which required that a subsisting marriage be annulled prior to the issue of a full gender recognition certificate, and thus to being treated as a woman for pension purposes, did not contravene the principle of equal treatment and was accordingly not discriminatory.’
WLR Daily, 31st July 2014
Source: www.iclr.co.uk
‘The definition of “retail prices index” in pension scheme documentation operated to confer powers to select an index other than the retail prices index and those powers were not confined to circumstances in which the retail prices index had been discontinued or replaced. Section 67 of the Pensions Act 1995 did not preclude the selection of the consumer prices index for use in connection with benefits derived from past service.’
WLR Daily, 31st July 2014
Source: www.iclr.co.uk
‘A transgender person’s claim to be entitled to receive the female state pension at the age of 60 has been rejected by the appeal court.’
The Guardian, 31st July 2014
Source: www.guardian.co.uk
Ballinger and another v Mercer Ltd and another; [2014] EWCA Civ 996; [2014] WLR (D) 335
‘Where a claimant applied to introduce a new claim by amendment under CPR r 17.4, and the defendant could show a prima facie defence of limitation, the burden was on the claimant to show that the defence was not reasonably arguable. Amendments seeking to add or substitute a new cause of action would only be permitted if they arose out of the same or substantially the same facts as were already in issue on the existing claims.’
WLR Daily, 17th July 2014
Source: www.iclr.co.uk
‘Pension fund trustees do not have to “maximise returns” in the short-term at the expense of risks over the longer term, according to a report published today by the Law Commission.’
Law Commission, 1st July 2014
Source: www.lawcommission.justice.gov.uk
‘There has long been a tension between two competing public interests: encouraging individuals to save and provide for their financial security in old age on the one hand and providing recourse for creditors in the event of debtors being unable to pay their debts on the other. Historically, the legislative trend has generally been in favour of the creditor. The Welfare Reform and Pensions Act 1999 (“WRPA 99”), which came into force on 29 May 2000, appeared to provide fundamental changes to the relationship between these two competing policies. In 2012, however, when these reforms came before the court in Raithatha v Williamson the result indicated that WRPA 99 may have been far less significant than was previously supposed. If Williamson was correctly decided, then the changes to pension law introduced in the March 2014 Budget will have effectively unravelled those reforms altogether. Alaric Watson explains.’
11 Stone Buildings, May 2014
Source: www.11sb.com
‘John Darwin, who faked his own death in a canoeing accident, has been ordered to pay a £40,000 lump sum to the authorities after two of his pensions matured.’
The Guardian, 29th May 2014
Source: www.guardian.co.uk
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