‘Recently published guidance from the Charity Commission tries to provide clarity on when donations to English and Welsh charities, including universities, should – or must – be refused or returned, but the question of when to say no remains complex and nuanced.’
OUT-LAW.com, 3rd April 2024
Source: www.pinsentmasons.com
‘A City law firm has failed to strike out a £1.3m negligence claim arising from a discretionary trust it set up for a man described by a High Court judge as “serially let down” by the profession.’
Legal Futures, 28th March 2024
Source: www.legalfutures.co.uk
‘In this post, Adam Ferris (Senior Associate) in the Finance Disputes Team at CMS and Henry Powell (Associate) in the Real Estate Disputes Team at CMS comment on the judgment of the Supreme Court in Byers and Ors v Saudi National Bank [2023] UKSC 51, which was handed down on 20 December 2023.’
UKSC Blog, 26th March 2024
Source: ukscblog.com
‘Naomi Ling of Outer Temple Chambers has provided a critical analysis of the recent Avon Cosmetics decision.’
Pensions Barrister, 21st March 2024
Source: www.pensionsbarrister.com
‘Our argument here is that there are lessons for general trusts law reform from recent jurisprudence on ‘statutory trusts’. By ‘statutory trusts’, we mean trusts that are provided for by statutes in specific contexts, where the idea, or ideal, of the institution of the private trust is adopted and adapted by the legislature for certain purposes. But exactly which incidents of the traditional private trust at common law (the ‘common law trust’) are recognised may still need to be determined. We also consider authorities where it has been argued unsuccessfully that a legislative framework, while not expressly invoking a ‘trust’, nonetheless gives rise to a statutory trust.’
King's Law Journal, 5 March 2024
Source: www.tandfonline.com
‘In the system of trusts of land introduced by the Trusts of Land and Appointment of Trustees Act 1996 (“TLATA”), the court is given the power, on an application by a trustee of land or someone who has an interest in the property under the trust, to make any order relating to the trustees’ exercise of their functions as it thinks fit. The question for the Court of Appeal in Savage v Savage [2024] EWCA Civ 49 was what the court can have regard to when exercising that power.’
Tanfield Chambers, 22nd February 2024
Source: www.tanfieldchambers.co.uk
‘On the 2 November 2023, the Society of Trust Estates and Practitioners (STEP) published the third edition of their standard provisions that can be used when will drafting.’
Mills & Reeve, 18th January 2024
Source: www.mills-reeve.com
‘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.’
OUT-LAW.com, 15th January 2024
Source: www.pinsentmasons.com
‘This article deals with two discrete aspects of the law and practice relating to trustee remuneration – a recent decision of the Court of Appeal and the Pensions Regulator’s Single Code of Practice.’
Wilberforce Chambers, September 2023
Source: www.wilberforce.co.uk
‘The UK government said in a set of July 2023 Mansion House proposals that it would allow commercial UK pension schemes, including master trusts, to provide collective defined contribution (CDC) benefits in retirement.’
OUT-LAW.com, 18th September 2023
Source: www.pinsentmasons.com
‘The Charity Commission has published new guidance for England and Wales on charities and social media. It begins:
“Social media can be a powerful communication tool for charities, to raise awareness and funds and to better engage beneficiaries. It can help charities reach a much wider audience, much more quickly, than traditional methods of communication.”‘
Law & Religion UK, 18th September 2023
Source: lawandreligionuk.com
‘This article deals with two discrete aspects of the law and practice relating to trustee remuneration – a recent decision of the Court of Appeal and the Pensions Regulator’s Single Code of Practice.’
Pensions Barrister, 7th September 2023
Source: www.pensionsbarrister.com
‘In McGaughey v USS Ltd [2023] EWCA Civ 873, two active members of the Universities Superannuation Scheme (the “USS”) applied for permission to continue a derivative action on behalf of the corporate trustee of the USS, Universities Superannuation Scheme Limited (“USSL”), against its current and former directors. USSL is a company limited by guarantee of which its directors were the members. By the derivative action, the two USS active members sought to cause USSL to sue the corporation’s directors for alleged breaches of the duties owed by the directors to USSL. The Court of Appeal refused to permit the claim to go forward.’
Pensions Barrister, August 2023
Source: www.pensionsbarrister.com
‘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.’
Pensions Barrister, 27th April 2023
Source: www.pensionsbarrister.com
‘Paul Newman KC has written a summary of the FTT decision in Morgan Lloyd Trustees Limited & ors v HMRC (31 March 2023). The case concerns the appropriate approach to the valuation of intellectual property rights (including domain names), and will be bad news for trustees hoping to rely on eyebrow-raising expert valuations to escape scheme sanction charges.’
Pensions Barrister, 25th April 2023
Source: www.pensionsbarrister.com
‘Campaigners have won a supreme court appeal to stop houses being built on a park protected by a 100-year-old statutory trust in Shrewsbury, in a landmark ruling for the protection of green spaces.’
The Guardian, 1st March 2023
Source: www.theguardian.com
‘Priscilla Presley, mother of the recently deceased Lisa Marie Presley, has launched a legal challenge to contest the validity of her late daughter’s Will. The challenge relates to a 2016 Amendment to her daughter’s Will which has the effect of removing Priscilla from her role as trustee of her daughter’s estate, significantly reducing the say that she has over how her daughter’s estate will be managed.’
Mills & Reeve, 1st February 2023
Source: www.mills-reeve.com
‘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”.’
Wilberforce Chambers, January 2023
Source: www.wilberforce.co.uk
‘New UK government requirements for trust registration under the anti-money laundering (AML) and counter terrorist financing (CTF) regulations have come into force.’
OUT-LAW.com, 12th September 2022
Source: www.pinsentmasons.com
‘The universe of socially responsible or “ethical” investments has been expanding exponentially in recent years.’
Wilberforce Chambers, 18th July 2022
Source: www.wilberforce.co.uk
© Inner Temple Library 2024