Holiday pay and pensions – Local Government Lawyer
‘Doug Mullen and Billy Richards consider the pensions implications of a recent Supreme Court holiday pay case.’
Local Government Lawyer, 5th August 2022
Source: www.localgovernmentlawyer.co.uk
Category: pensions
Duo jailed for £20m pension fraud – Crown Prosecution Service
‘Two scammers have been imprisoned today (15 July 2022) for a pension fraud worth over £20 million which caused many of the victims to lose their entire pensions.’
Crown Prosecution Service, 15th July 2022
Source: www.cps.gov.uk
Pensions disputes: Ombudsman clarifies ill health benefit complaints approach – OUT-LAW.com
‘Ill health pensions are frequently the subject of complaints to the UK’s Pensions Ombudsman (PO), who has helpfully explained his role and approach in two recent determinations.’
OUT-LAW.com, 14th July 2022
Source: www.pinsentmasons.com
New Judgment: Commissioners for Her Majesty’s Revenue and Customs v Coal Staff Superannuation Scheme Trustees Ltd [2022] UKSC 10 – UKSC Blog
‘The Respondent is the corporate trustee of a tax-exempt United Kingdom pension fund. It held a large portfolio of UK and overseas shares. To generate revenue, it engaged in a practice known as stock lending. This involves a shareholder (the lender) transferring ownership of shares to another party (the borrower) on terms that the borrower will (i) return equivalent shares to the lender at the end of the lending period and (ii) pay an amount to the lender equivalent to the dividends paid on the shares during that period. These payments are known as a “manufactured dividend” (“MD”) if the shares are held in a UK company. If the shares are in a non-UK company, they are known as a “manufactured overseas dividend” (“MOD”).’
UKSC Blog, 27th April 202
Source: ukscblog.com
Pension fraudsters jailed after £13m scam – BBC News
‘Two fraudsters have been jailed for their part in a series of scams in which 245 people lost millions of pounds in pension savings.’
BBC News, 23rd April 2022
Source: www.bbc.co.uk
Overseas pensions and divorce – Family Law
‘Pensions can make up a significant proportion of family assets and should be fully taken into account when financial matters are dealt with during a divorce. Where a couple with UK pensions divorce in England, the court can make various orders to deal them. Most commonly, a pension sharing order is made hiving off a portion of one party’s pension and giving it to the other. However, where there are pension assets overseas or a divorce overseas and pension assets in the UK, the situation is more complex. There are two angles that need to be considered:
Can an overseas pension be shared in a divorce in England & Wales; and Can a UK pension be shared in an overseas divorce.’
Family Law, 28th March 2022
Source: www.familylaw.co.uk
Financial Remedy Update, February 2022 – Family Law Week
‘Sue Brookes, Principle Associate and Nicola Rowlings, Professional Support Lawyer, at Mills & Reeve LLP consider the most important news and case law relating to financial remedies and divorce during January 2022.’
Family Law Week, 3rd March 2022
Source: www.familylawweek.co.uk
Punter Southall Governance Services Ltd v Benge [2022] EWHC 193 (Ch) – Wilberforce Chamber
‘This decision of Chief Master Shuman concerns the circumstances in which the Court might refuse to bless a decision of pension scheme trustees, with particular reference to the meaning of “necessaries of life”, the conflicted position of member-trustees, and the relevance of disputed matters of fact. It will be important both for those considering the payment of discretionary benefits from pension schemes, including the interrelationship of scheme rules and the authorised payments regime under the Finance Act 2004, as well as more generally in relation to the robust approach the Court should take to beneficiaries seeking to oppose the blessing of trustee decisions.’
Wilberforce Chambers, 7th February 2022
Source: www.wilberforce.co.uk
Police launch legal action against government amid row over pensions and pay freeze – The Independent
‘Police officers have launched legal action against the government over pensions as relations sour with ministers.’
The Independent, 14th September 2021
Source: www.independent.co.uk
No more reward without risk – Local Government Lawyer
‘Nigel Bolton and Philip Woolham look at the lessons to be learned from an important High Court judgment for local authorities and contractors on pension exit credits.’
Local Government Lawyer, 2nd July 2021
Source: www.localgovernmentlawyer.co.uk
Axminster: Limitation and forfeiture revisited after Lloyds – Wilberforce Chambers
‘The High Court (Morgan J.) has delivered judgment in Punter Southall Governance Services Ltd v Hazlett [2021] EWHC 1652 (Ch), concerning the Axminster Carpets Group pension plan. It is now the leading judgment on limitation in claims by pension scheme beneficiaries for arrears. It also gives key guidance on the court’s power to award interest on such claims and on the interpretation and exercise of forfeiture clauses, and makes certain findings on the scope of s.37 of the Pension Schemes Act 1993. This summary only scratches the surface of a detailed 347-paragraph judgment covering several different areas of pensions and trusts law. A more flippant title might have been: “The Axminster Carpets case: a pile of issues…”’
Wilberforce Chambers, 24th June 2021
Source: www.wilberforce.co.uk
Pension sharing orders: Finch v Baker – Family Law
‘The Court of Appeal judgment in Finch v Baker [2021] EWCA Civ 72 was released on 28 January 2021. The judgment provides some useful guidance on not being able to get what are essentially conduct arguments contrary to s25(g) through the back door by making “negative contribution” arguments, and it also highlights the importance of ensuring that you adduce and apply for the most appropriate and necessary evidence in advance of a hearing. Simply arguing that an updated pension report is needed, following an appeal hearing, on the basis that the pension sharing order made would not reflect the judge’s intentions as the CE figures would be significantly out of date, is insufficient and misconceived.’
Family Law, 17th June 2021
Source: www.familylaw.co.uk
Britvic PLC v Britvic Pensions: Court of Appeal Decision Overturns High Court on Interpretation and “Corrective Construction” – Wilberforce Chambers
‘The Court of Appeal has just handed down its decision in Britvic PLC v Britvic Pensions [2021] EWCA CIV 867, overturning the first instance High Court decision. It is a major decision on interpretation (applying principles applicable to contracts and other documents, and not just pension schemes). This note focuses on the interpretation issue of general application; a second note will touch on the pensions-specific aspects.’
Wilberforce Chambers, 11th June 2021
Source: www.wilberforce.co.uk
Uber recognises union for first time in landmark deal – BBC News
‘Ride-hailing giant Uber has agreed to recognise a trade union for the first time, in a landmark deal that should benefit gig economy workers.’
BBC News, 26th May 2021
Source: www.bbc.co.uk
Pension sharing orders: Finch v Baker – Family Law
‘The Court of Appeal judgment in Finch v Baker [2021] EWCA Civ 72 was released on 28 January 2021. The judgment provides some useful guidance on not being able to get what are essentially conduct arguments contrary to s25(g) through the back door by making “negative contribution” arguments, and it also highlights the importance of ensuring that you adduce and apply for the most appropriate and necessary evidence in advance of a hearing. Simply arguing that an updated pension report is needed, following an appeal hearing, on the basis that the pension sharing order made would not reflect the judge’s intentions as the CE figures would be significantly out of date, is insufficient and misconceived.’
Family Law. 14th May 2021
Source: www.familylaw.co.uk
‘A lot are sceptical’: Uber drivers’ cautious welcome over worker status – The Guardian
‘On Wednesday Uber, the taxi hailing app, began offering 70,000 UK drivers a minimum hourly wage, holiday pay and pensions after years of legal battles.’
The Guardian, 18th March 2021
Source: www.theguardian.com
Former BHS owner found guilty of tax evasion as he ‘funded yacht, Bentley and luxury holiday’ – The Independent
‘The former owner of BHS has been convicted of evading tax on £2.2m of income he received from buying the failed high-street chain. Instead of paying the tax he knew he owed, Dominic Chappell, 53, spent a fortune on a luxury lifestyle that included a £90,000 yacht, a Bentley Continental car, a Bahamas holiday and some expensive Beretta guns, Southwark Crown Court heard.’
The Independent, 5th November 2020
Source: www.independent.co.uk
