Historic discrimination and pension schemes – Pensions Barrister

Posted March 14th, 2024 in age discrimination, chambers articles, news, pensions by sally

‘Claire Darwin KC of Matrix Chambers has written an article about pensions and age discrimination law in light of the recent Newell decision.’

Full Story

Pensions Barrister, 14th March 2024

Source: www.pensionsbarrister.com

Talking Pensions Ep14 – Dominic Harris – Pensions Barrister

Posted March 7th, 2024 in news, ombudsmen, pensions, podcasts by sally

‘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.’

Full Story

Pensions Barrister, 7th March 2024

Source: www.pensionsbarrister.com

Climate Change and Investment Duties: a Prisoner’s Dilemma? – Pensions Barrister

Posted March 1st, 2024 in chambers articles, climate change, fiduciary duty, news, pensions by sally

‘James McCreath of Wilberforce Chambers comments on the recent FMLC report on pension trustees and fiduciary duties.’

Full Story

Pensions Barrister, 29th February 2024

Source: www.pensionsbarrister.com

Hundreds of police officer data breach claims struck out – Legal Futures

Posted February 26th, 2024 in costs, damages, data protection, news, pensions, police, privacy, striking out by tracey

‘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.’

Full Story

Legal Futures, 26th February 2024

Source: www.legalfutures.co.uk

Avon calling again with the latest word … on compromises! – Pensions Barrister

Posted February 22nd, 2024 in amendments, civil procedure rules, compromise, news, pensions by sally

‘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.’

Full Story

Pensions Barrister, February 2024

Source: www.pensionsbarrister.com

David Carrick: Rapist PC stripped of full state-funded pension – BBC News

‘Rapist police officer David Carrick has been stripped of his full state-funded pension, the mayor of London has confirmed.’

Full Story

BBC News, 18th February 2024

Source: www.bbc.co.uk

CA holds incentives to agree changes to scheme taxable – Pensions Barrister

Posted February 15th, 2024 in income tax, national insurance, news, pensions, remuneration by sally

‘Paul Newman KC considers the decision of the CA in HMRC v E.ON UK Plc (28 November 2023), in which the CA overturned a somewhat surprising decision of the UT that a one-off cash payment from an employer to scheme members, in return for them giving up future pension benefits, was not taxable.’

Full Story

Pensions Barrister, 15th February 2024

Source: www.pensionsbarrister.com

Talking Pensions Ep13 – Talking Perspective – Pensions Barrister

Posted February 8th, 2024 in news, pensions, podcasts by sally

‘To celebrate Pensions Barrister’s tie-in with Pespective, this month’s podcast (recorded in November 2023) features Raf Shergold, the Managing Director of Perspective. Paul talks to Raf about the history, development and future of the premier online pensions law resource.’

Full Story

Pensions Barrister, 8th February 2024

Source: www.pensionsbarrister.com

Newell Trustees Ltd v Newell Rubbermaid UK Services Ltd – Pensions Barrister

Posted February 7th, 2024 in chambers articles, news, pensions by sally

‘Edward Sawyer has written a casenote on the recent Newell decision, which provides a fresh insight into the effect of Courage provisos on the conversion of DB benefits to DC.’

Full Story

Pensions Barrister, 5th February 2024

Source: www.pensionsbarrister.com

New CPR rule for pensions rectification claims – Pensions Barrister

Posted January 25th, 2024 in civil procedure rules, news, pensions, rectification by sally

‘David E Grant KC, who is a member of the Pensions Litigation Court Users’ Committee, has written an article about the proposed change to PD57AC (trial witness statements in the business and property courts), which will exempt pensions rectification proceedings from the scope of the PD.’

Full Story

Pensions Barristers, 25th January 2024

Source: www.pensionsbarrister.com

Avon calling! … with the latest word on severance – Pensions Barrister

Posted January 18th, 2024 in amendments, interpretation, news, pensions by sally

‘Paul Newman KC has written a casenote on the recent decision of HH Judge Davis-White KC in Avon Cosmetics Ltd v Dalriada Trustees Ltd & ors, which considered the requirements for the Court to be able to salvage parts of otherwise invalid deeds of amendment.’

Full Story

Pensions Barrister, January 2024

Source: www.pensionsbarrister.com

UK Pensions Regulator’s new code of practice offers more flexibility for schemes – OUT-LAW.com

Posted January 16th, 2024 in codes of practice, news, pensions, trusts by tracey

‘A new general code of practice issued by the UK Pensions Regulator (TPR) should help improve the operation of pension schemes and manage risk for both members and trustee boards, an expert has said.’

Full Story

OUT-LAW.com, 15th January 2024

Source: www.pinsentmasons.com

Lifetime allowance – abolished, but not quite! – Pensions Barrister

Posted January 11th, 2024 in budgets, news, pensions, taxation by sally

‘Even the most seasoned pensions tax expert will surely have found the period since the government’s announcement on pension tax in the Spring Budget of 15 March 2023 bewildering, as the number of hyperlinked documents in this article demonstrates.’

Full Story

Pensions Barrister, 11th January 2024

Source: www.pensionsbarrister.com

Ombudsman overpayment determination – Pensions Barrister

Posted January 4th, 2024 in news, ombudsmen, pensions by sally

‘The Pensions Ombudsman (TPO) has published his first determination since the Court of Appeal’s decision in The Pensions Ombudsman v CMG Pension Trustees Ltd [2023] EWCA Civ 1258 of a complaint by a scheme member relating to the recovery of overpaid benefits from his future pension payments.’

Full Story

Pensions Barrister, 4th January 2024

Source: www.pensionsbarrister.com

Loophole in NHS Pensions Regs? – Pensions Barrister

Posted November 23rd, 2023 in holiday pay, news, pensions, regulations, statutory interpretation by sally

‘Paul Newman KC has written a casenote on the recent decision of the CA in Campbell v NHS Business Services Authority, in which a member was held to have died in pensionable service and therefore to have been entitled only to a death in service benefit lump sum, rather than a higher ill health lump sum, by reason of untaken leave entitlement.’

Full Story

Pensions Barrister, 23rd November 2023

Source: www.pensionsbarrister.com

A Change of Climate for Trustee Investment Duties? – Pensions Barrister

Posted November 16th, 2023 in chambers articles, climate change, environmental protection, news, pensions by sally

‘Following the recent fine ordered by tPR in respect of ExxonMobil Pension Plan for breach of the OPS (Climate Change Governance and Reporting) Regs 2021, James McCreath of Wilberforce Chambers considers how the increasing pressure on schemes to advance environmental causes hangs together with trustees’ investments duties.’

Full Story

Pensions Barrister, 16th November 2023

Source: www.pensionsbarrister.com

Court of Appeal adds additional hurdle to pension trustees recouping payments – OUT-LAW.com

Posted November 13th, 2023 in appeals, courts, enforcement, jurisdiction, local government, news, ombudsmen, pensions by tracey

‘Pension trustees in the UK will have to take an extra step to recover a disputed overpayment, as the English Court of Appeal has recently ruled that the Pensions Ombudsman (PO) is not a “competent court” for such purpose.’

Full Story

OUT-LAW.com, 10th November 2023

Source: www.pinsentmasons.com

The Pensions Ombudsman – competent but not a court – Pensions Barrister

Posted November 9th, 2023 in appeals, chambers articles, courts, jurisdiction, news, ombudsmen, pensions by sally

‘The trustees of a pension scheme discover that members have been mistakenly overpaid: perhaps because the trustees misinterpreted the scheme rules, or perhaps because certain provisions of the scheme rules that were assumed to be valid were in fact invalid. The trustees decide to recoup the overpayments by setting them off against members’ instalments of future pension. A member raises a dispute, either as to the amount to be recouped or the rate of deduction.’

Full Story

Pensions Barrister, 9th November 2023

Source: www.pensionsbarrister.com

CA confirms Ombudsman not “competent court” – Pensions Barrister

Posted November 2nd, 2023 in appeals, courts, news, ombudsmen, pensions by sally

‘Judgment of the CA was handed down today in Pensions Ombudsman v CMG Pension Trustees Ltd. CA confirmed that the requirement in s.91(6) PA95 for trustees to obtain an order of “a competent court”, where their right to recoup overpaid benefits from future pension payments is disputed by the member, is not satisfied solely by a determination of the Ombudsman. This means that such a determination will require to be enforced by the county court on the application of the trustees. However, the Court rejected the respondent’s argument that the county court has a judicial role to play, and held that enforcement was purely an administrative matter to be carried out by a court officer, without the court considering the merits of the matter.’

Full Story

Pensions Barrister, 1st November 2023

Source: www.pensionsbarrister.com

Ombudsman decision on overpayment – Pensions Barrister

Posted October 26th, 2023 in marriage, news, ombudsmen, pensions, teachers, widows by sally

‘In this casenote, Paul Newman KC considers the recent decision of the Deputy Pensions Ombudsman in the matter of Mrs S, whose widow’s pension in the Teacher’s Pension Scheme had terminated by reason of remarriage – unknown to the administrator.’

Full Story

Pensions Barrister, 26th October 2023

Source: www.pensionsbarrister.com