‘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
‘Edward Sawyer of Wilberforce Chambers discusses the Court of Appeal’s decision in BMA v HM Treasury, which upheld the validity of directions made by the Treasury to charge members rather than taxpayers with the costs of remedying the discrimination in public sector schemes following the McCloud litigation.’
Pensions Barrister, 16th May 2024
Source: www.pensionsbarrister.com
‘A recent UK Pension Ombudsman (PO) case flags the importance of pension firms providing clear and accurate fee information to savers from the outset. However, the case highlights that it is not the PO’s role to decide whether fees charged are reasonable or fair.’
OUT-LAW.com, 29th April 2024
Source: www.pinsentmasons.com
‘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 read into a scheme that makes no express provision for it.’
Pensions Barrister, 23rd April 2024
Source: www.pensionsbarrister.com
‘David Pollard of Wilberforce Chambers has written an article about the relevance of the recent Supreme Court decision in R (Palmer) – in which it was held that an administrator was not in the class of persons liable to prosecution under the Trade Union and Labour Relations (Consolidation) Act 1992 for alleged failure to give notice to the SoS of proposed collective redundancies – to crimes and fines under pensions legislation.’
Pensions Barrister, 18th April 2024
Source: www.pensionsbarrister.com
‘Paul Newman KC looks at some recent Ombudsman decisions on pensions scams, which illustrate the difficulties for complainants to establish due diligence failures by the administrators of transferring schemes.’
Pensions Barrister, 11th April 2024
Source: www.pensionsbarrister.com
‘Thousands of women, potentially hundreds of thousands, are owed compensation because of government failings related to the way changes to the state pension age were made, a long-awaited official report has said.’
The Guardian, 21st March 2024
Source: www.theguardian.com
‘In Irwin Mitchell Trust Corpn v PW [2024] EWCOP 16, a trust corporation, appointed as property and affairs deputy for a protected person under the Mental Capacity Act 2005, appointed an asset management company that was part of same corporate group as the trust corporation to manage the investment of the protected person’s funds. The Court of Protection held that that appointment operated to the financial advantage of the trust corporation, clearly breaching the rules against conflict of interest, and as such required ratification by the court. The court rejected the trust corporation’s arguments that the potential for conflict had been extinguished by the appointment process and that the appointment had already been authorised by an earlier court decision. The court adjourned the issue of ratification pending further evidence as to whether the appointment would be in the best interests of the protected person.’
Pensions Barrister, 21st March 2024
Source: www.pensionsbarrister.com
‘Claire Darwin KC of Matrix Chambers has written an article about pensions and age discrimination law in light of the recent Newell decision.’
Pensions Barrister, 14th March 2024
Source: www.pensionsbarrister.com
‘In the latest episode of Talking Pensions (recorded in January 2024), Paul talks to the Pensions Ombudsman, Dominic Harris. They discuss Dominic’s background in pensions, the work of the Ombudsman, the recent cyber-incident and the key issues likely to emerge in the future.’
Pensions Barrister, 7th March 2024
Source: www.pensionsbarrister.com
‘James McCreath of Wilberforce Chambers comments on the recent FMLC report on pension trustees and fiduciary duties.’
Pensions Barrister, 29th February 2024
Source: www.pensionsbarrister.com
‘Hundreds of police officers who brought data breach and misuse of private information claims where their pre-issue costs alone were £1.2m have seen their claims struck out.’
Legal Futures, 26th February 2024
Source: www.legalfutures.co.uk
‘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 compromise of the Courage issue that arose in that case.’
Pensions Barrister, February 2024
Source: www.pensionsbarrister.com
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