Index Linking Periodical Payments – Family Law Week

Posted December 1st, 2017 in indexation, news, periodical payments by tracey

‘Andrew Campbell, barrister, Queen Elizabeth Building, analyses the impact of indexation on periodical payment awards with illuminating practical examples showing why this aspect of the award can make a material difference to the payer and the payee.’

Full Story

Family Law Week, 24th November 2017

Source: www.familylawweek.co.uk

Serious Personal Injury Litigation – A Quantum Update – Byrom Street Chambers

Posted October 20th, 2017 in damages, indexation, news, periodical payments, personal injuries by sally

‘Arguments concerning the indexation of periodical payments orders triggeredmany more cases than usual being tried out after 2005 on numerous heads of damage. Further cases followed after theissue of indexation was decided, leading to the landmark decision in Whiten (2011). In late 2014 and 2015 there has been a further spate of reported cases driven by the NHS LA. James Rowley QC brings together the judgments so that trends in awards in the most serious litigation can be identified.’

Full Story

Byrom Street Chambers, 29th September 2017

Source: www.byromstreet.com

Fixed Costs Proposal Raises Questions on Access to Justice – The Bar Council

Posted February 4th, 2016 in barristers, costs, indexation, press releases by tracey

‘Bar Council Chair Chantal-Aimée Doerries QChas responded to Lord Justice Jackson’s speech on 28 January 2016 to the Insolvency Practitioners’ Association, “Fixed Costs – The Time has come”, calling for recoverable costs to be fixed in all claims valued at up to £250,000.’

Full press release

The Bar Council, 1st February 2016

Source: www.barcouncil.org.uk

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

Regina (FDA and others) v Secretary of State for Work and Pensions and another – WLR Daily

Posted March 23rd, 2012 in indexation, law reports, pensions, social security by tracey

Regina (FDA and others) v Secretary of State for Work and Pensions and another: [2012] EWCA Civ 332;  [2012] WLR (D)  95

“The Secretary of State for Work and Pensions was entitled to use the Consumer Price Index, rather than the Retail Price Index, as the measure of consumer price inflation for the purpose of annually uprating public service pensions under section 150 of the Social Security Administration Act 1992.”

WLR Daily, 20th March 2012

Source: www.iclr.co.uk

Helmot v Simon: tort in a nutshell from the Channel Islands – Halsbury’s Law Exchange

Posted March 14th, 2012 in appeals, compensation, Guernsey, indexation, negligence, news, personal injuries by sally

“It’s always, and only, simple propositions that matter. But often, in the law, only big judges have the confidence to utter simple things. That was what happened in Helmot v Simon [2012] UKPC 5 (7 March 2012), an appeal to the Privy Council by an optimistic defendant who sought to overturn a decision of the Court of Appeal of Guernsey, (whose judgment had been delivered by a judge by the name of Sumption).”

Full story

Halsbury’s Law Exchange, 14th March 2012

Source: www.halsburyslawexchange.co.uk

Employees must be consulted in advance before pension scheme measure of inflation can be changed – OUT-LAW.com

Posted March 14th, 2012 in indexation, inflation, news, pensions by sally

“Employers with occupational pension schemes will have to consult with affected employees in advance if they want to change the measure of inflation used to calculate the value of benefits.”

Full story

OUT-LAW.com, 14th March 2012

Source: www.out-law.com

Serious Personal Injury Litigation – A Quantum Update – Byrom Street Chambers

Posted March 6th, 2012 in damages, indexation, news, personal injuries by sally

“Arguments concerning the indexation of periodical payments orders triggered many more cases than usual being tried out on numerous heads of damage. Further cases have followed after the issue of indexation was decided. James Rowley QC brings together the judgments so that trends in awards in the most serious litigation can be identified.”

Full story (PDF)

Byrom Street Chambers, 23rd February 2012

Source: www.byromstreet.com

Landmark pension High Court case: commentary – Daily Telegraph

Posted October 26th, 2011 in budgets, indexation, news, pensions, trade unions by sally

“A High Court test case has been launched to tackle the ‘biggest robbery’ from the pension payouts to British pensioners, unions have claimed. The head of Britain’s largest civil service union sets out the case against the change in pension indexation from the retail price index to the consumer price index.”

Full story

Daily Telegraph, 25th October 2011

Source: www.telegraph.co.uk

Unions launch pensions legal challenge – The Independent

Posted October 24th, 2011 in indexation, news, pensions, trade unions by sally

“Public-sector unions will today open up a new front in their battle with the Government over pension reform with a legal challenge to recently introduced rules over the way annual increases are calculated.”

Full story

The Independent, 24th October 2011

Source: www.independent.co.uk

Discount Rates: Why are we here and where are we going? – Byrom Street Chambers

Posted October 19th, 2011 in damages, indexation, news, personal injuries by sally

“This paper is presented as part of a lecture providing an overview of Discounts Rates. The first part of the lecture will provide the background to where we are with the use of discount rates in assessing damages in personal injury cases. The second part of the talk will be delivered by Ian Gunn and Richard Cropper, of Personal Financial Planning Ltd, and is going to examine the indexation and investment options that the Lord Chancellor may wish to consider in resetting the discount rate currently under review. In the third part we will address the considerations that need to be taken account of when advising clients.”

Full story (Word)

Byrom Chambers, 6th October 2011

Source: www.byromstreet.com

Expats await state pension ruling – The Guardian

Posted March 16th, 2010 in indexation, news, pensions by sally

“More than half a million retired Britons living abroad could be in line for payouts from the UK government if a European court today rules in their favour. After years of courtroom wrangling, 13 expatriates will learn if they have won their test case for the right to index-linked rises routinely paid to UK-based pensioners but denied to those who have settled in certain countries overseas.”

Full story

The Guardian, 16th March 2010

Source: www.guardian.co.uk

Court hearing expat pensions case – BBC News

Posted September 2nd, 2009 in domicile, human rights, indexation, news, pensions by sally

“A case that could affect the pensions of thousands of Britons who have retired abroad will be heard in a European court later.”

Full story

BBC News, 1st September 2009

Source: www.bbc.co.uk

Carson and Others v United Kingdom (Application No 42184/05) – Times Law Reports

Posted November 20th, 2008 in domicile, human rights, indexation, law reports, pensions by sally

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.