‘The number of disgruntled spouses returning to court to try and win more money from former partners after a divorce has already gone through has more than doubled in a year.’
The Independent, 15th June 2015
Source: www.independent.co.uk
BESTrustees plc v Corbett: [2014] EWHC 3038 (Ch); [2015] WLR (D) 242
‘The trustee or manager of a qualifying occupational pension scheme was entitled to assign a debt arising pursuant to section 75 of the Pensions Act 1995.’
WLR DAily, 16th October 2014
Source: www.iclr.co.uk
‘Personal rights against a trustee, which were rights that any beneficiary, under any trust, would have to compel the trustee to administer that trust properly, did not fall within the definition of a “non-cash asset” under section 739 of the Companies Act 1985. Section 320(1)(a) of the 1985 Act was not intended by Parliament to apply to the rights or interests of the director himself, whatever they might be, when the non-cash asset was held in trust for him by someone other than the company itself.’
WLR Daily, 22nd May 2015
Source: www.iclr.co.uk
‘New rules allowing people to withdraw entire pension funds create loophole that can override agreements to share benefits built up by breadwinner.’
Daily Telegraph, 20th May 2015
Source: www.telegraph.co.uk
Supreme Court, 29th April 2015
‘Thomas Robinson details changes in bankruptcy and pension rights under UK and EU pension schemes.’
Full story (PDF)
11 Stone Buildings, 15th April 2015
Source: www.11sb.com
‘What the government calls “pension freedoms” will be in place from Easter Monday. But anyone nearing retirement would do well to note the drawbacks, as well as the advantages.’
BBC News, 2nd April 2015
Source: www.bbc.co.uk
‘The FCA has published its Business Plan for 2015/2016. One of the key themes for both regulation and risk is the pensions market given the pension reforms taking place on 6 April. The Business Plan highlights the fact that the pensions market is a key area of concern for the FCA and an area which it will be monitoring closely in the next year and beyond.’
RPC Financial Services Blog, 27th March 2015
Source: www.rpc.co.uk
ITV plc and others v Pensions Regulator and another [2015] EWCA Civ 228; [2015] WLR (D) 139
‘The Upper Tribunal had a discretion to allow the Pensions Regulator to raise new allegations on a reference which were not contained in a warning notice issued pursuant to section 96 of the Pensions Act 2004. The discretion should be exercised based on a consideration of all the relevant factors in the case, weighing up all the facts and circumstances, and not just the narrow question whether the Pensions Regulator had good reason for seeking to enlarge its case.’
WLR Daily, 24th March 2015
Source: www.iclr.co.uk
‘Less than two weeks after Martin Wheatley’s speech identifying April’s ‘big bang’ pension reforms as “[t]he defining challenge of our time”, the FCA has launched a website called ‘ScamSmart’ dedicated to helping retail investors identify fraudulent investment scams. Martin Wheatley’s keynote speech and the launch of the ScamSmart website indicate the level of concern in the FCA about the impact of the reforms on UK pensioners. The strength of these concerns is confirmed in today’s Business Plan which includes plans for the FCA to carry out a thematic review (with, presumably, intense supervisory and enforcement work to follow) into the suitability of pensions and retail investment advice.’
RPC Financial Services Blog, 24th March 2015
Source: www.rpc.co.uk
‘The past decade has seen a number of advances in the field of law. As part of our exclusive Oxford law event, Unlock Oxford Law, we have asked some of our expert authors to identify what developments they thought were most significant. With constant changes and developments occurring across all the different areas of law, this is a subject that is very much up for debate. Read on to see what our authors said, and to see if you agree.’
OUP Blog, 18th March 2015
Source: www.blog.oup.com
‘The recent High Court decision in Horton v Henry has now thrown the debate over the extent to which the pension pot of a bankrupt can be made available to his creditors wide open.’
Full story (PDF)
11 Stone Buildings, January 2015
Source: www.11sb.com
‘As the watchdog considers formal compensation arrangements for savers sold inappropriate deals, Katie Morley looks at how much they could be owed in redress.’
Daily Telegraph, 14th March 2015
Source: www.telegraph.co.uk
Webber v Department for Education [2014] EWHC 4240 (Ch); [2015] WLR (D) 14
‘It was prima facie a matter for the ombudsman to assess whether and to what extent an oral hearing was necessary either to enable the investigation to be satisfactorily completed or out of fairness, and such decisions could only be challenged on appeal on the familiar basis that they exceeded the generous ambit within which reasonable disagreement was possible.’
WLR Daily, 19th December 2014
Source: www.iclr.co.uk
‘The Pensions Ombudsman has dismissed complaints by three pension scheme members who were prevented from transferring their savings into suspected liberation schemes, but has warned that “mere suspicion” is not enough reason for a provider to block a transfer request.’
OUT-LAW.com, 12th January 2015
Source: www.out-law.com
‘Trustees in bankruptcy should not be able to access a bankrupt pension scheme member’s savings for the purposes of paying off debts, a High Court judge has ruled, contradicting a 2012 decision of the same court.’
OUT-LAW.com, 8th January 2015
Source: www.out-law.com
‘The FOS yesterday published its 2015/16 budget consultation. In short, we can expect more of the same.’
RPC Financial Services Blog, 7th January 2015
Source: www.rpc.co.uk
Horton v Henry [2014] EWHC 4209 (Ch); [2014] WLR (D) 551
‘There was no power vested in the court pursuant to section 310 of the Insolvency Act 1986 to make an income payments order in respect of an uncrystallised pension not yet in payment.’
WLR Daily, 17th December 2014
Source: www.iclr.co.uk
‘Little has been written on the subject of pension trusts, and the ways in which pension laws and trust laws interact. As academic subjects, many issues such as the purpose of a pension trust, employer duties, and the duties of directors of trustee companies, have long been under-represented. However, pension trust law is a technical area that requires more attention, and is also considered to be an exciting area of law that has been ignored in academia for too long. Author of The Law of Pension Trusts, David Pollard, explains why he decided to fill this gap and what issues he felt needed to be tackled in the law of pension trusts.’
OUP Blog, 6th January 2015
Source: http://blog.oup.com
‘A new market for trading the pension debts of insolvent companies will be created as a result of a recent High Court ruling. The ruling will also result in more efficient, earlier winding up of pension schemes when companies go out of business.’
OUT-LAW.com, 4th December 2014
Source: www.out-law.com
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