Easterly Ltd v Headway plc [2009] EWCA Civ 793; [2009] WLR (D) 255
“A partial buy-out of a guaranteed minimum pension was not precluded by statutory obligations.”
WLR Daily, 24th July 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Foster Wheeler Ltd v Hanley and others [2009] EWCA Civ 651; [2009] WLR (D) 235
“The court considered the principles to be applied by pension scheme trustees when deciding how UK pension schemes were to pay benefits to members following recent developments in European pensions law relating to equalisation of retirement ages.”
WLR Daily, 9th July 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Figures put before Parliament by the Treasury show that the judicial pension pot rose from £62 million in the financial year 2004/5 to £131m last year.”
Daily Telegraph, 6th July 2009
Source: www.telegraph.co.uk
Secretary of State for Work and Pensions v Yates [2009] EWCA Civ 479; [2009] WLR (D) 184
“A Canadian widow who, on her marriage to a British national in Canada, received a British pension based on her husband’s contributions and paid at the rate applicable to the inflation uprating he received, frozen at the time he emigrated, was entitled on his death to a higher rate of pension calculated at the same inflation uprating. She was not entitled to have her pension based on the uprating applicable at the time of his death.”
WLR Daily, 12th June 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Dozens of low-paid women workers at a leading public school are celebrating after gaining equal pension rights following a 10-year legal battle.”
The Guardian, 8th June 2009
Source: www.guardian.co.uk
Regina (Bunce) v Pensions Appeal Tribunal and Another
Court of Appeal
“On an appeal against an interim assessment by the Ministry of Defence of the degree of a person’s disability, the Pensions Appeal Tribunal did not have jurisdiction to challenge either the existence of the disability or whether the disability was attributable to service in the Armed Forces.”
The Times, 15th April 2009
Source: www.timesonline.co.uk
“Where a firefighter applied for a disability pension, the question to be resolved by the independent qualified medical practitioner and on appeal by the Board of Medical Referees under the Firefighters’ Pension Scheme was whether the firefighter was subject to incapacity for the performance of his operational firefighting duty and any other duties within the definition of ‘regular firefighter’ and within his contract which it was proposed that he perform, but not any additional duties. Where no redeployment away from operation firefighting was available, the question stopped with incapacity for the performance of operational firefighting. It was not within the board’s jurisdiction to give a binding decision which trespassed on issues which were not part of the firefighter’s appeal.”
WLR Daily, 8th April 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
R (Bunce) v Pensions Appeal Tribunal and another [2009] EWCA Civ 451; [2009] WLR (D) 134
“The Pensions Appeal Tribunal did not, on an appeal against the defence secretary’s interim assessment of the degree of a person’s disability under s 5(1) of the Pensions Appeal Tribunals Act 1943, as amended, have jurisdiction to challenge the existence of the disability nor whether that disability was attributable to service in the armed forces.”
WLR Daily, 8th April 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Injured firefighters have won a major step in their legal battle to retain the right to claim ill-health pensions.”
BBC News, 6th April 2009
Source: www.bbc.co.uk
“British pension funds are to sue Sir Fred Goodwin and the Royal Bank of Scotland in the American courts for hundreds of millions of pounds, The Times has learnt.”
The Times, 16th March 2009
Source: www.timesonline.co.uk
R (Parish) v Pensions Ombudsman; [2009] WLR (D) 86
“Where the ultimate question to be determined by the Pensions Ombudsman in an investigation differed from the ultimate question which had arisen in previously begun court or employment tribunal proceedings, s 146(6)(a)(i) of the Pension Schemes Act 1993 did not preclude an investigation by reason of a factual issue being common to the investigation and to the court or employment tribunal proceedings.”
WLR Daily, 9th March 2009
Source: www.lawreports.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
O’Brien v Department for Constitutional Affairs
Court of Appeal
“A part-time fee-paid judicial office holder was not entitled to claim that he had been subjected to less favourable treatment when he was refused a pension on retirement from office.”
The Times, 10th February 2009
Source: www.timesonline.co.uk
Please note that the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“Legal moves to reclaim hundreds of thousands of pounds illegally claimed by the wife of a back-from-the-dead canoeist are due to begin.”
BBC News, 25th November 2008
Source: www.bbc.co.uk
Carson and Others v United Kingdom (Application No 42184/05)
European Court of Human Rights
“The exclusion of pensioners living abroad from an index-linked uprating scheme applicable to all pensioners in the United Kingdom was not in breach of the European Convention on Human Rights.”
The Times, 20th November 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“Pensions minister Rosie Winterton is to announce a review of laws governing company pension schemes.”
BBC News, 12th November 2008
Source: www.bbc.co.uk
“British pensioners resident in Commonwealth countries have had their appeal for better pensions rejected.”
The Times, 4th November 2008
Source: www.timesonline.co.uk
“Millions of people who opted out of the state second pension will be given greater freedom to invest for their retirement under a change in the law that comes into force today.”
The Guardian, 1st October 2008
Source: www.guardian.co.uk
“Back from the dead canoeist John Darwin has launched a bid to appeal against his sentence, his solicitor said today.”
The Independent, 5th September 2008
Source: www.independent.co.uk
Shore v Sedgwick Financial Services Ltd and Another
Court of Appeal
“If a client, on the advice of a financial expert, transferred his pension investment from one old safe pension scheme to a new risky pension scheme, in which the value of his investment went down, the client’s right to sue the adviser in negligence accrued when the transfer was made; it was not contingent upon the occurrence of loss.”
The Times, 12th August 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
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