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

No tax relief on pension contributions paid in shares – Wilberforce Chambers

Posted May 29th, 2020 in income tax, news, pensions, shareholders by sally

‘In a decision which threatens to bring turmoil to vast number of SIPPs (self-invested personal pensions), the Upper Tribunal has decided in HMRC v Sippchoice Ltd [2020] UKUT 149 (TCC) (Roth J and Upper Tribunal Judge Greg Sinfield) that member contributions to registered pension schemes are only eligible for tax relief where they are paid in money. Where a member transfers shares to the scheme trustees no tax relief is available, even where done in satisfaction of a money debt, and notwithstanding the terms of HRMC’s own Pensions Tax Manual which appears to say the opposite.’

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Wilberforce Chambers, 18th May 2020

Source: www.wilberforce.co.uk

R (on the application of Palestine Solidarity Campaign Ltd and another) v Secretary of State for Housing, Communities and Local Government [2020] UKSC 16 – Wilberforce Chambers

Posted May 29th, 2020 in appeals, judicial review, local government, news, pensions, Supreme Court by sally

‘In 2016, the Government issued guidance to local authorities administering the local government pension scheme (“LGPS”) which had the effect of restricting divestments from UK defence companies and foreign countries. In response, the Palestine Solidarity Campaign, a company dedicated to campaigning in support of the rights of the Palestinian people, sought judicial review of this guidance. In R (on the application of Palestine Solidarity Campaign Ltd and another) v Secretary of State for Housing, Communities and Local Government [2020] UKSC 16, the Supreme Court ruled by a bare majority in favour of the PSC.’

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Wilberforce Chambers, 28th May 2020

Source: www.wilberforce.co.uk

Beneficial variations invalidated by TUPE transfer – Employment Law Blog

Posted May 19th, 2020 in news, pensions, transfer of undertakings by sally

‘What is the position if business owners employed by their own company award themselves substantially enhanced “golden parachute” terms in advance of a TUPE transfer, confident in the expectation that those liabilities will be picked up by the unwitting transferee?’

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Employment Law Blog, 18th May 2020

Source: employment11kbw.com

Business transactions, beneficial title and resulting trusts: the meaning of “payment” within the unauthorised payments charge regime – Wilberforce Chambers

Posted May 18th, 2020 in appeals, chambers articles, news, pensions, taxation by sally

‘In the recent Court of Appeal (“CA”) decision of Clark v HMRC [2020] EWCA Civ 204 (“Clark”) the Court gave valuable guidance as to the meaning of “payment” for the purpose of the imposition of the tax charge on unauthorised member payments from registered pension schemes under sections 208-210 of the Finance Act 2004 (“FA 2004”).’

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Wilberforce Chambers, 11th May 2020

Source: www.wilberforce.co.uk

W v H (Divorce Financial Remedies) [2020] EWFC B10 – Pump Court Chambers

Posted May 7th, 2020 in coronavirus, divorce, financial provision, news, pensions by sally

‘Jack Rundall considers the case of W v H (divorce financial remedies) [2020] EWFC B10 in relation to the treatment of pensions on divorce, a case which he suggests is being under-reported amongst the concerns surrounding Covid 19.’

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Pump Court Chambers, 1st May 2020

Source: www.pumpcourtchambers.com

Supreme Court rules against government on LGPS and ethical disinvestment – Local Government Lawyer

Posted May 1st, 2020 in appeals, local government, news, pensions, Supreme Court by sally

‘The Supreme Court has overturned ministerial guidance to the Local Government Pension Scheme (LGPS) that was intended to put a stop to certain types of ethical disinvestment.’

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Local Govdernment Lawyer, 29th April 2020

Source: www.localgovernmentlawyer.co.uk

New Judgment: R (Palestine Solidarity Campaign Ltd & Anor) v Secretary of State for Communities and Local Government [2020] UKSC 16 – UKSC Blog

Posted May 1st, 2020 in appeals, judicial review, local government, news, pensions, Supreme Court by sally

‘This appeal concerns the breadth of the ethical investments that the authorities which administer the local government pension scheme are permitted to make. The appellants brought a claim for judicial review alleging that two passages in the guidance issued by the Secretary of State pursuant to the Local Government Pension Scheme (Management and Investment of Funds) Regulations in 2016 was unlawful. The first passage concerned states that “the Government has made clear that using pension policies to pursue boycotts, divestment and sanctions against foreign nations and UK defence industries are inappropriate, other than where formal legal sanctions, embargoes and restrictions have been put in place by the Government”. The second passage states that authorities “[s]hould not pursue policies that are contrary to UK foreign policy or UK defence policy”.’

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UKSC Blog, 30th April 2020

Source: ukscblog.com

How to divine statutory purpose: the Israel/arms trade disinvestment case – UK Human Rights Blog

‘This case is about Government “Guidance” aimed at local authorities, banning some of those “ethical” objections to investment policies but allowing other objections. “Guidance” in quotes because the net effect of the Act and secondary legislation was to make the Guidance mandatory: see [10] of Lord Wilson’s judgment. In particular, the policy ban was to apply to (a) boycotts to foreign nations and (b) UK defence industries. The sharp focus of the former was Israel. No surprises that the Quakers and the Campaign against the Arms Trade should appear in support of the challenge to the latter.’

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UK Human Rights Blog, 29th April 2020

Source: ukhumanrightsblog.com

Unauthorised member payments out of registered pension schemes (Court of Appeal—Clark v HMRC) – Wilberforce Chambers

Posted April 22nd, 2020 in appeals, chambers articles, news, pensions, taxation by sally

‘In the Court of Appeal decision of Clark v HMRC, the court held that in considering whether the tax charge imposed on unauthorised member payments under sections 208 to 210 of the Finance Act 2004 (FA 2004) applied, the question of whether a ‘payment’ had been made was to be answered by looking at the practical, business reality of the transaction. Applying that approach, on the facts of the case, a transfer of legal title without beneficial title did constitute a ‘payment’. The Court of Appeal also provided important guidance as to the operation of the discovery provisions within section 29 of the Taxes Management Act 1970 (TMA 1970), including the question of how the scope of a discovery assessment is to be delimited. Written by Jonathan Davey QC of Wilberforce Chambers and Sam Chandler of 5 Stone Buildings, who acted for HMRC.’

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Wilberforce Chambers, 15th April 2020

Source: www.wilberforce.co.uk

Workchain: unauthorised data access is a serious offence for companies and their officers – Henderson Chambers

‘As the Coronavirus causes unprecedented and rapid change in our daily lives and many of us get used to the challenges of remote working, it is a good time to remind clients of the recent CoA decision in R. (on the application of Pensions Regulator) v Workchain Ltd [2019] EWCA Crim 1422 which demonstrates the wide application of the Computer Misuse Act 1990 (“CMA”). The case serves as a stark warning for companies and their officers who are not taking data security seriously. Tim Green was instructed by The Pensions Regulator (“TPR”).’

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Henderson Chambers, 3rd April 2020

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