The pro-rating of pensions increases – Pensions Barrister

Posted April 26th, 2024 in chambers articles, news, pensions by sally

‘Paul Newman KC considers whether the pro-rating of annual non-statutory increases to pensions in payment for only part of a year can be read into a scheme that makes no express provision for it.’

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Pensions Barrister, 23rd April 2024

Source: www.pensionsbarrister.com

Pension crimes, fines and insolvency practitioners – Pensions Barrister

‘David Pollard of Wilberforce Chambers has written an article about the relevance of the recent Supreme Court decision in R (Palmer) – in which it was held that an administrator was not in the class of persons liable to prosecution under the Trade Union and Labour Relations (Consolidation) Act 1992 for alleged failure to give notice to the SoS of proposed collective redundancies – to crimes and fines under pensions legislation.’

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Pensions Barrister, 18th April 2024

Source: www.pensionsbarrister.com

Recent Ombudsman determinations on pension scams – Pensions Barrister

Posted April 11th, 2024 in fraud, news, ombudsmen, pensions by sally

‘Paul Newman KC looks at some recent Ombudsman decisions on pensions scams, which illustrate the difficulties for complainants to establish due diligence failures by the administrators of transferring schemes.’

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Pensions Barrister, 11th April 2024

Source: www.pensionsbarrister.com

Thousands of UK women owed pension payout after ombudsman’s Waspi ruling – The Guardian

Posted March 22nd, 2024 in compensation, government departments, news, ombudsmen, pensions by sally

‘Thousands of women, potentially hundreds of thousands, are owed compensation because of government failings related to the way changes to the state pension age were made, a long-awaited official report has said.’

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The Guardian, 21st March 2024

Source: www.theguardian.com

Asset manager appointed by linked trust corporation held to be conflict of interest – Pensions Barrister

Posted March 22nd, 2024 in conflict of interest, Court of Protection, news, pensions by sally

‘In Irwin Mitchell Trust Corpn v PW [2024] EWCOP 16, a trust corporation, appointed as property and affairs deputy for a protected person under the Mental Capacity Act 2005, appointed an asset management company that was part of same corporate group as the trust corporation to manage the investment of the protected person’s funds. The Court of Protection held that that appointment operated to the financial advantage of the trust corporation, clearly breaching the rules against conflict of interest, and as such required ratification by the court. The court rejected the trust corporation’s arguments that the potential for conflict had been extinguished by the appointment process and that the appointment had already been authorised by an earlier court decision. The court adjourned the issue of ratification pending further evidence as to whether the appointment would be in the best interests of the protected person.’

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Pensions Barrister, 21st March 2024

Source: www.pensionsbarrister.com

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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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Pensions Barrister, 23rd November 2023

Source: www.pensionsbarrister.com