ITV plc and others v Pensions Regulator and another – WLR Daily

Posted March 30th, 2015 in appeals, law reports, pensions, regulations, tribunals by sally

ITV plc and others v Pensions Regulator and another [2015] EWCA Civ 228; [2015] WLR (D) 139

‘The Upper Tribunal had a discretion to allow the Pensions Regulator to raise new allegations on a reference which were not contained in a warning notice issued pursuant to section 96 of the Pensions Act 2004. The discretion should be exercised based on a consideration of all the relevant factors in the case, weighing up all the facts and circumstances, and not just the narrow question whether the Pensions Regulator had good reason for seeking to enlarge its case.’

WLR Daily, 24th March 2015

Source: www.iclr.co.uk

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Do not-so smart pension reforms mean FCA wants pensioners to be ScamSmart? – RPC Financial Services Blog

Posted March 26th, 2015 in consumer protection, financial regulation, news, pensions by sally

‘Less than two weeks after Martin Wheatley’s speech identifying April’s ‘big bang’ pension reforms as “[t]he defining challenge of our time”, the FCA has launched a website called ‘ScamSmart’ dedicated to helping retail investors identify fraudulent investment scams. Martin Wheatley’s keynote speech and the launch of the ScamSmart website indicate the level of concern in the FCA about the impact of the reforms on UK pensioners. The strength of these concerns is confirmed in today’s Business Plan which includes plans for the FCA to carry out a thematic review (with, presumably, intense supervisory and enforcement work to follow) into the suitability of pensions and retail investment advice.’

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RPC Financial Services Blog, 24th March 2015

Source: www.rpc.co.uk

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What were this decade’s most significant advances in law? – OUP Blog

‘The past decade has seen a number of advances in the field of law. As part of our exclusive Oxford law event, Unlock Oxford Law, we have asked some of our expert authors to identify what developments they thought were most significant. With constant changes and developments occurring across all the different areas of law, this is a subject that is very much up for debate. Read on to see what our authors said, and to see if you agree.’

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OUP Blog, 18th March 2015

Source: www.blog.oup.com

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Income payment orders and pensions revisited: The decision in Horton v Henry – 11 Stone Buildings

Posted March 17th, 2015 in bankruptcy, insolvency, news, pensions by sally

‘The recent High Court decision in Horton v Henry has now thrown the debate over the extent to which the pension pot of a bankrupt can be made available to his creditors wide open.’

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11 Stone Buildings, January 2015

Source: www.11sb.com

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Pension mis-selling: 600,000 retired workers owed compensation – Daily Telegraph

Posted March 16th, 2015 in compensation, consumer protection, insurance, news, ombudsmen, pensions by sally

‘As the watchdog considers formal compensation arrangements for savers sold inappropriate deals, Katie Morley looks at how much they could be owed in redress.’

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Daily Telegraph, 14th March 2015

Source: www.telegraph.co.uk

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Webber v Department for Education – WLR Daily

Posted January 22nd, 2015 in law reports, ombudsmen, pensions, teachers by sally

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

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First ombudsman decisions in pension liberation cases show need for a change in the law, says expert – OUT-LAW.com

Posted January 12th, 2015 in complaints, news, ombudsmen, pensions by sally

‘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.’

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OUT-LAW.com, 12th January 2015

Source: www.out-law.com

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High Court judge disagrees on whether creditors can access bankrupt’s pension savings where pension not in payment – OUT-LAW.com

Posted January 9th, 2015 in bankruptcy, debts, news, pensions, trustees in bankruptcy by sally

‘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.’

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OUT-LAW.com, 8th January 2015

Source: www.out-law.com

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Complaint trends for 2015 – RPC Financial Services Blog

Posted January 8th, 2015 in complaints, financial advice, financial regulation, news, pensions by sally

‘The FOS yesterday published its 2015/16 budget consultation.  In short, we can expect more of the same.’

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RPC Financial Services Blog, 7th January 2015

Source: www.rpc.co.uk

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Horton v Henry – WLR Daily

Posted January 6th, 2015 in bankruptcy, insolvency, law reports, pensions, trustees in bankruptcy by sally

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

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Why must we pay attention to the law of pension trusts? – OUP Blog

Posted January 6th, 2015 in news, pensions, trusts by sally

‘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.’

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OUP Blog, 6th January 2015

Source: http://blog.oup.com

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High Court ruling will create new market for pensions debts, says expert – OUT-LAW.com

Posted December 5th, 2014 in debts, insolvency, news, pensions, trusts, winding up by sally

‘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.’

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OUT-LAW.com, 4th December 2014

Source: www.out-law.com

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Pensions Regulator fines first employers for breaches of automatic enrolment duties – OUT-LAW.com

Posted October 30th, 2014 in employment, enforcement, fines, news, pensions, reports by sally

‘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.’

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OUT-LAW.com, 29th October 2014

Source: www.out-law.com

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Calculating Damages for a Lost Career: Sharan Griffin v Plymouth Hospital NHS Trust – Employment Law Blog

‘Harini Iyengar comments on the latest Court of Appeal case on the calculation of damages for a lost career.’

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Employment Law Blog, 25th September 2014

Source: www.employment11kbw.com

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Fee-paid Judicial Pension Scheme – Ministry of Justice

Posted September 22nd, 2014 in consultations, fees, judiciary, news, pensions by sally

‘This consultation seeks views on the proposed design of the Fee-paid Judicial Pension Scheme (FPJPS).’

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Ministry of Justice, 19th September 2014

Source: https://consult.justice.gov.uk

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Judicial Speeches, Gaza Boycotts and Social Media Crimes – the Human Rights Roundup – UK Human Rights Blog

‘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.’

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UK Human Rights Blog, 18th August 2014

Source: www.ukhumanrightsblog.com

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Graham Gee: Do Lord Chancellors defend judicial independence? – UK Constitutional Law Association

Posted August 18th, 2014 in inquiries, judiciary, lord chancellor, news, parliament, pensions, statutory duty by tracey

‘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.’

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UK Constitutional Law Association, 18th August 2014

Source: www.ukconstitutionallaw.org/blog

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MB v Secretary of State for Work and Pensions – WLR Daily

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

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Arcadia Group Ltd v Arcadia Group Pension Trust Ltd and another – WLR Daily

Posted August 1st, 2014 in indexation, law reports, pensions, trusts by sally

Arcadia Group Ltd v Arcadia Group Pension Trust Ltd and another [2014] EWHC 2683 (Ch); [2014] WLR (D) 354

‘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

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Transgender person’s claim for female state pension rejected by appeal court – The Guardian

‘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.’

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The Guardian, 31st July 2014

Source: www.guardian.co.uk

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