Police launch legal action against government amid row over pensions and pay freeze – The Independent

Posted September 14th, 2021 in judicial review, news, pensions, police, remuneration by tracey

‘Police officers have launched legal action against the government over pensions as relations sour with ministers.’

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The Independent, 14th September 2021

Source: www.independent.co.uk

No more reward without risk – Local Government Lawyer

Posted July 2nd, 2021 in contracting out, local government, news, pensions, waste by tracey

‘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.’

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Local Government Lawyer, 2nd July 2021

Source: www.localgovernmentlawyer.co.uk

Axminster: Limitation and forfeiture revisited after Lloyds – Wilberforce Chambers

Posted July 2nd, 2021 in chambers articles, forfeiture, limitations, news, pensions, trusts by sally

‘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…”’

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Wilberforce Chambers, 24th June 2021

Source: www.wilberforce.co.uk

Pension sharing orders: Finch v Baker – Family Law

Posted June 18th, 2021 in appeals, divorce, families, financial dispute resolution, news, pensions by tracey

‘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.’

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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

Posted June 14th, 2021 in appeals, chambers articles, contracts, interpretation, news, pensions by sally

‘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.’

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Wilberforce Chambers, 11th June 2021

Source: www.wilberforce.co.uk

Uber recognises union for first time in landmark deal – BBC News

Posted May 27th, 2021 in holiday pay, news, pensions, remuneration, taxis, trade unions by tracey

‘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.’

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BBC News, 26th May 2021

Source: www.bbc.co.uk

Pension sharing orders: Finch v Baker – Family Law

Posted May 20th, 2021 in divorce, evidence, financial provision, news, pensions, taxation by tracey

‘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.’

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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.’

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The Guardian, 18th March 2021

Source: www.theguardian.com

New Acts – legislation.gov.uk

Posted February 12th, 2021 in legislation, medical treatment, medicines, pensions, railways by tracey

Pension Schemes Act 2021

High Speed Rail (West Midlands – Crewe) Act 2021

Medicines and Medical Devices Act 2021

Source: www.legislation.gov.uk

Former BHS owner found guilty of tax evasion as he ‘funded yacht, Bentley and luxury holiday’ – The Independent

Posted November 6th, 2020 in bankruptcy, corporation tax, insolvency, news, pensions, tax evasion, taxation, VAT by tracey

‘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.’

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The Independent, 5th November 2020

Source: www.independent.co.uk

Court of Appeal dismisses challenge to increase in state pension age – UK Human Rights Blog

‘In Delve and Anor v SSfWP [2020] EWCA Civ 1199, the Court of Appeal dismissed the challenge brought against the series of Pensions Acts between 1995 and 2014 which equalised the state pension age for women with that of men by raising the state pension age for women from 60 to 65 and then raising the age at which both men and women can claim their state pension.’

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UK Human Rights Blog, 9th October 2020

Source: ukhumanrightsblog.com

How cohabiting couples should protect their finances – Family Law

‘Historically, cohabitation agreements, sometimes known as “no-Nups”, were frowned upon as they were seen to encourage sexual relations outside of marriage. Thankfully, times have moved on and that’s no longer the case. The general view is that such agreements are enforceable if they deal with cohabitees’ property and affairs, and provided they are entered into freely with full information. Often, disputes between cohabitees following separation relate to what was or wasn’t intended, for example, in relation to the property in which they live. Having a clear record of the cohabitees’ intentions in a cohabitation agreement can avoid expensive disputes about those issues.’

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Family Law, 30th September 2020

Source: www.familylaw.co.uk

Women lose court of appeal challenge against UK pension change – The Guardian

Posted September 15th, 2020 in age discrimination, appeals, news, pensions, sex discrimination, women by tracey

‘Increasing the age at which women born in the UK in the 1950s are entitled to receive their state pension to 66 is lawful, the court of appeal has ruled. The unanimous judgment is a major setback for campaigners who have argued that the government’s changes will be a “disaster” for those on lower incomes.’

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The Guardian, 15th September 2020

Source: www.theguardian.com

Women hit by state pension age rise are ‘sick with anxiety’ ahead of Court of Appeal judgment – The Independent

Posted September 15th, 2020 in age discrimination, appeals, coronavirus, news, pensions, sex discrimination, women by tracey

‘Women hit by the state pension age rise are “sick with anxiety” as they wait for their Court of Appeal judgment to be handed down on Tuesday.’

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The Independent, 14th September 2020

Source: www.independent.co.uk

New Judgment: Commissioners for HMRC v Parry & Ors [2020] UKSC 35 – UKSC Blog

Posted August 20th, 2020 in inheritance tax, news, pensions, statutory interpretation, Supreme Court by sally

‘This appeal was about whether the pension scheme transfer by the late Mrs Staveley, and her omission to take income benefits which were then payable, constituted, or are to be treated as constituting, for the purposes of the Inheritance Tax 1984 a “disposition” which is a “transfer of value” in favour of her sons, who were to be the beneficiaries of the death benefit.’

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UKSC Blog, 19th August 2020

Source: ukscblog.com

Frozen pensions: injustices faced by Windrush generation in spotlight – The Guardian

‘Campaigners urge new working group to look into why some retirees living abroad are penalised.’

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The Guardian, 25th July 2020

Source: www.theguardian.com

Treatment of pensions on divorce – Law Society’s Gazette

‘In July 2019, the Pensions Advisory Group (PAG) published its essential guide to the treatment of pensions on divorce. The report is available on the Nuffield Foundation website. The impact of the report can be seen in the weight attached to it in three recent decisions concerning the treatment of pensions on divorce.’

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Law Society's Gazette, 20th July 2020

Source: www.lawgazette.co.uk

‘Blow’ for PPF as UK pension compensation cap ruled unlawful – OUT-LAW.com

Posted July 2nd, 2020 in age discrimination, compensation, news, pensions by tracey

‘A statutory cap on compensation payable by the UK’s Pension Protection Fund (PPF) to those who have not yet reached pension age is unlawful discrimination on the grounds of age, the High Court has ruled.’

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OUT-LAW.com, 1st July 2020

Source: www.pinsentmasons.com

A double victory for members of schemes in the PPF – Wilberforce Chamber

Posted June 26th, 2020 in chambers articles, EC law, employment, insolvency, judicial review, news, pensions by sally

‘The judgment of Mr Justice Lewis in Hughes and others v Board of the Pension Protection Fund [2020] EWHC 1598 (Admin), handed down on 22 June 2020, is of considerable importance for members of defined benefit schemes of insolvent employers. Thomas Seymour along with a counsel team from Blackstone Chambers (Tom de la Mare QC and Iain Steele), instructed by Farrers, acted for the British Airline Pilots Association (BALPA) representing pilots who were members of the Monarch and BMI Schemes, who brought proceedings for judicial review along with the claimants of other schemes. The proceedings, brought against the Pension Protection Fund (“PPF”) with the Department of Work and Pensions (“DWP”) as an interested party, were heard at a five-day remote hearing in the Administrative Court in May.’

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Wilberforce Chambers, 24th June 2020

Source: www.wilberforce.co.uk

Univar UK Ltd v Smith [2020] EWHC 1596 (Ch): rectification of pension schemes after FSHC – Wilberforce Chambers

Posted June 25th, 2020 in indexation, news, pensions, rectification, trusts by sally

‘On 19 June 2020, Mr Justice Trower handed down judgment granting rectification of the Univar Company Pension Scheme (1978), in the first pension rectification claim decided after a full trial since the landmark decision of the Court of Appeal in FSHC Group Holdings Ltd v GLAS Trust Corp Ltd [2019] EWCA Civ 1361.’

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Wilberforce Chambers, 22nd June 2020

Source: www.wilberforce.co.uk