War widows who lost pensions to receive compensation – BBC News

‘War widows who were forced to forfeit their pensions will receive a lump sum payment after a long-running campaign. The compensation scheme will benefit spouses who lost their government income if they remarried or moved in with a new partner before 2015.’

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BBC News, 18th May 2023

Source: www.bbc.co.uk

Offering Sharia-compliant occupational pensions – Pensions Barrister

Posted May 9th, 2023 in islamic law, news, pensions by sally

‘Lydia Seymour discusses the important and topical question of whether there is an obligation to offer Sharia-compliant pension schemes.’

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Pensions Barrister, 4th May 2023

Source: www.pensionsbarrister.com

New Acts – legislation.gov.uk

Posted May 4th, 2023 in indemnities, legislation, pensions by tracey

2023 c. 14 – Pensions Dashboards (Prohibition of Indemnification) Act 2023

Source: www.legislation.gov.uk

Registration and approval issues – Pensions Barrister

Posted April 27th, 2023 in income tax, news, pensions, trusts by sally

‘Everyone will be familiar with the requirement to provide the prescribed information to be recorded on the register of qualifying occupational and personal pension schemes maintained by tPR,1 and with the obligation to register a pension scheme with HMRC in order to qualify for the tax reliefs available to pensions.2 This article discusses three issues relating to registration and the associated issue of approval of amendments that may not be so common but which may arise occasionally in practice.’

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Pensions Barrister, 27th April 2023

Source: www.pensionsbarrister.com

Firm ordered to pay ex-client £400k for negligent divorce advice – Legal Futures

‘A law firm that narrowed the scope of its retainer after a divorcing woman negotiated her own financial settlement was nonetheless negligent in failing to give her advice on the deal, the High Court has ruled.’

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Legal Futures, 24th April 2023

Source: www.legalfutures.co.uk

Remind me about … Sections 91 and 92 PA95 – Pensions Barrister

Posted March 30th, 2023 in assignment, chambers articles, forfeiture, news, pensions, set-off by sally

‘In the first of our “Remind me about” series, John Grocott-Barrett of Wilberforce Chambers summarises the law relating to these two important sections of the Pensions Act 1995. The “Remind me about” series is aimed as a training tool and as an update for busy practitioners.’

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Pensions Barrister, 22nd March 2023

Source: www.pensionsbarrister.com

Judicial review bid has implications for UK SIPP operators – OUT-LAW.com

‘A decision expected from the Court of Appeal in London could re-open the door for the courts to consider the scope of self-invested personal pension scheme (SIPP) operators’ due diligence obligations under Financial Conduct Authority (FCA) rules, and on their obligations to compensate customers where there have been failings, legal experts have said.’

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OUT-LAW.com, 17th February 2023

Source: www.pinsentmasons.com

The recognition of polyamorous marriages in England and Wales – Family Law

Posted February 13th, 2023 in benefits, immigration, Law Commission, marriage, news, parliament, pensions by tracey

‘The House of Commons Library has published a briefing paper considering when polygamous marriages might be legally recognised.’

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Family Law, 10th February 2023

Source: www.familylaw.co.uk

Forfeiture in Trust-Based Occupational Pension Schemes – Wilberforce Chambers

Posted January 24th, 2023 in chambers articles, forfeiture, news, pensions, trusts by sally

‘Before 28 October 2018, when judgment was delivered in Lloyds Banking Group Pensions Trustees v Lloyds Bank [2018] EWHC 2839 (Ch), forfeiture of benefits in occupational pension schemes was hardly a “hot topic”.’

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Wilberforce Chambers, January 2023

Source: www.wilberforce.co.uk

Breach of trust, directors and corporate trustees: multiple derivative claims following McGaughey v USS – Wilberforce Chambers

‘It is commonplace now for the trustee of almost any sort of trust to be a company, and for the individuals who may colloquially be referred to as “the trustees” to in fact not be trustees at all, but to be the directors of the trustee company. Occupational pension schemes have been particularly keen adopters of this structure. In some respects it makes little difference to the beneficiaries: the trustee is the trustee, whether an individual or a company. But when the individuals involved are alleged to have acted in breach of their duties, the corporate structure allows for more complex claims than the ordinary breach of trust claim that would be brought against individual trustees.’

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Wilberforce Chambers, 20th December 2022

Source: www.wilberforce.co.uk

Bermuda theft: Accountant faces losing pension for £1.7m theft – BBC News

Posted November 28th, 2022 in accountants, Bermuda, fraud, news, pensions, proceeds of crime, theft by tracey

‘An accountant who stole £1.7m from the Bermudan government is facing losing his pension as attempts to claw back money he took continue.’

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BBC News, 26th November 2022

Source: www.bbc.co.uk

Financial Remedy Update, September 2022 – Family Law Week

Posted September 20th, 2022 in bankruptcy, divorce, financial provision, news, pensions by tracey

‘Sue Brookes, Principal Associate at Mills & Reeve LLP consider the most important news and case law relating to financial remedies during August 2022.’

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Family Law Week, 15th September 2022

Source: www.familylawweek.co.uk

CMG Pension Trustees Ltd v CGI IT UK Ltd [2022] EWHC 2130 (Ch) – Radcliffe Chambers

Posted August 16th, 2022 in forfeiture, interpretation, news, ombudsmen, pensions by sally

‘On 11 August 2022 Mr Justice Leech handed down judgment in CMG Pension Trustees Ltd v CGI IT UK Ltd [2022] EWHC 2130 (Ch), a claim primarily concerning the construction of a rule in the CMG UK Pension Scheme which the defendant sponsoring employer contended provided for forfeiture of members’ benefits in specified circumstances.’

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Radcliffe Chambers, 11th August 2022

Source: radcliffechambers.com

Inflation and the Gender Pension Gap – Pump Court Chambers

Posted August 16th, 2022 in indexation, national insurance, news, pensions, women by sally

‘The June 2022 Office of National Statistics, Consumer Prices Index (CPI) figures show that inflation hit a new 40-year high of by 9.4% in the 12 months to June 2022. Indications suggest it could reach 12% in October 2022. If we could predict the future, we would all be billionaires. That said, inflation is here to stay for the short term at least.’

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Pump Court Chambers, 25th July 2022

Source: www.pumpcourtchambers.com

McCloud Remedy – a Ground to Set Aside Financial Orders? – Family Law

‘Many will recall the McCloud judgment, in which the Court of Appeal determined that the transitional provisions in the Government’s 2015 public sector pension schemes were age discriminatory. In response to the judgment, the Government agreed to unravel these changes. Last year, the Government announced its solution known as the McCloud Remedy. But what does this mean for pension trustees? Do these circumstances amount to grounds to set aside a financial remedy order?’

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Family Law, 11th August 2022

Source: www.familylaw.co.uk

Holiday pay and pensions – Local Government Lawyer

‘Doug Mullen and Billy Richards consider the pensions implications of a recent Supreme Court holiday pay case.’

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Local Government Lawyer, 5th August 2022

Source: www.localgovernmentlawyer.co.uk

Duo jailed for £20m pension fraud – Crown Prosecution Service

‘Two scammers have been imprisoned today (15 July 2022) for a pension fraud worth over £20 million which caused many of the victims to lose their entire pensions.’

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Crown Prosecution Service, 15th July 2022

Source: www.cps.gov.uk

Pensions disputes: Ombudsman clarifies ill health benefit complaints approach – OUT-LAW.com

Posted July 15th, 2022 in complaints, health, news, ombudsmen, pensions by tracey

‘Ill health pensions are frequently the subject of complaints to the UK’s Pensions Ombudsman (PO), who has helpfully explained his role and approach in two recent determinations.’

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OUT-LAW.com, 14th July 2022

Source: www.pinsentmasons.com

New Acts – legislation.gov.uk

2022 c. 35 – Judicial Review and Courts Act 2022

2022 c. 33 – Pension Schemes (Conversion of Guaranteed Minimum Pensions) Act 2022

2022 c. 31 – Health and Care Act 2022

2022 c. 30 – Building Safety Act 2022

Source: www.legislation.gov.uk

New Judgment: Commissioners for Her Majesty’s Revenue and Customs v Coal Staff Superannuation Scheme Trustees Ltd [2022] UKSC 10 – UKSC Blog

Posted April 28th, 2022 in double taxation, EC law, news, pensions, Supreme Court, tax credits by sally

‘The Respondent is the corporate trustee of a tax-exempt United Kingdom pension fund. It held a large portfolio of UK and overseas shares. To generate revenue, it engaged in a practice known as stock lending. This involves a shareholder (the lender) transferring ownership of shares to another party (the borrower) on terms that the borrower will (i) return equivalent shares to the lender at the end of the lending period and (ii) pay an amount to the lender equivalent to the dividends paid on the shares during that period. These payments are known as a “manufactured dividend” (“MD”) if the shares are held in a UK company. If the shares are in a non-UK company, they are known as a “manufactured overseas dividend” (“MOD”).’

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UKSC Blog, 27th April 202

Source: ukscblog.com