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

Comments Off

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.’

Full story

OUT-LAW.com, 12th January 2015

Source: www.out-law.com

Comments Off

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.’

Full story

OUT-LAW.com, 8th January 2015

Source: www.out-law.com

Comments Off

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.’

Full story

RPC Financial Services Blog, 7th January 2015

Source: www.rpc.co.uk

Comments Off

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

Comments Off

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.’

Full story

OUP Blog, 6th January 2015

Source: http://blog.oup.com

Comments Off

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.’

Full story

OUT-LAW.com, 4th December 2014

Source: www.out-law.com

Comments Off

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.’

Full story

OUT-LAW.com, 29th October 2014

Source: www.out-law.com

Comments Off

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.’

Full story

Employment Law Blog, 25th September 2014

Source: www.employment11kbw.com

Comments Off

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).’

Full story

Ministry of Justice, 19th September 2014

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

Comments Off

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.’

Full story

UK Human Rights Blog, 18th August 2014

Source: www.ukhumanrightsblog.com

Comments Off

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.’

Full story

UK Constitutional Law Association, 18th August 2014

Source: www.ukconstitutionallaw.org/blog

Comments Off

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

Comments Off

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

Comments Off

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.’

Full story

The Guardian, 31st July 2014

Source: www.guardian.co.uk

Comments Off

Ballinger and another v Mercer Ltd and another – WLR Daily

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

Comments Off

Law Commission clarifies law on pension trust investment – Law Commission

Posted July 1st, 2014 in Law Commission, news, pensions, reports, trusts by sally

‘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.’

Full story

Law Commission, 1st July 2014

Source: www.lawcommission.justice.gov.uk

Comments Off

The implications for bankrupts of the recent Budget announcement on pensions: have we gone full circle? – 11 Stone Buildings

Posted June 5th, 2014 in bankruptcy, budgets, news, pensions by sally

‘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.’

Full story

11 Stone Buildings, May 2014

Source: www.11sb.com

Comments Off

Canoe fraudster John Darwin order to surrender £40,000 to authorities – The Guardian

Posted May 29th, 2014 in fraud, news, pensions, proceeds of crime by michael

‘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.’

Full story

The Guardian, 29th May 2014

Source: www.guardian.co.uk

Comments Off

Court of Appeal upholds Honda’s liability for workplace pensions caused by faulty legal documents – OUT-LAW.com

Posted April 24th, 2014 in appeals, documents, employment, news, pensions by tracey

‘A recent Court of Appeal decision committing car company Honda to between £47 million and £70m in additional pension scheme benefits due to a mistake in one of the documents is “another lesson in the importance of getting pension scheme documents right”, an expert has said.’

Full story

OUT-LAW.com, 23rd April 2014

Source: www.out-law.com

Comments Off