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The Court’s approach to scheme amendment powers
Thomas Seymour concludes his personal reflections on pensions law and practice by considering how the Courts have dealt over time with scheme amendment powers. To read the article, click on the pdf below.
Actuarial guidance for Virgin Media confirmations published
The Financial Reporting Council has issued technical guidance to assist scheme actuaries in considering whether to provide a confirmation under the provisions of the Pension Schemes Bill, providing for a remedy in respect of the Virgin Media decision. The guidance has been published before the Bill is enacted, to give actuaries sufficient time to prepare for requests for confirmation. The guidance will be updated as necessary to reflect any changes made to the legislation th
Personal Reflections on DB Schemes
Thomas Seymour was called to the Bar in 1975. In this article, he reflects on his long experience as a pensions practitioner and comments on the legislative and judicial approaches to DB schemes during that time. To read the article, click on the pdf below.
The Ombudsman’s New Orthodoxy: Right or Wrong?
Zara Yusuf, of Three Stone Chambers, considers the recent Ombudsman determinations on the scope of the trustees’ responsibility for statutory transfers of pension benefits, and asks whether the approach adopted is overly restrictive. To read the article, click on the pdf below.
Amendment proposed to existing claims exclusion in "Virgin Media" Bill
According to the latest list of proposed amendments to be moved at the House of Lords Committee stage of the Pension Schemes Bill, Baroness Bowles has tabled an amendment to clause 100 of the Bill, which concerns the remedial provisions intended to deal with the Virgin Media decision. The amendment seeks to remove subsections (9) and (10), which exclude from the scope of the remedy amendments which are the subject of existing legal proceedings. The Committee begins its rev
Compromising complex pensions claims
Paul Newman KC looks at the recent High Court approval of a compromise in the long-running saga involving the Places for People Group Retirement Benefit Scheme, which contains a useful explanation of the approach to be taken by the Court in approving the settlement of a complex set of pensions issues.
Compromise approved in Places for People case
The long-running saga involving the Places for People Group Retirement Benefit Scheme has finally come to an end with the High Court this afternoon approving a compromise of all the issues relating to the validity and rectification of scheme documents, following a two-day hearing. Although the judgment of Richards J makes no new law, it contains useful summaries of the approach to be taken by the Court in approving a compromise in the pensions context, and of the law on recti
Merry Christmas from Pensions Barrister!
Pensions Barrister is off to do the Christmas shopping and eat mince pies and will be back in the New Year with more content! Many thanks to all of our readers for your support in 2025.
The Thorny Issue of Pension Liberation
Allison Wu of Wilberforce Chambers looks at Brambles Administration Ltd v Harvey , an appeal from a Pensions Ombudsman determination involving pension liberation which considers the time limits for bringing complaints, the test for dishonesty and contributory negligence. To read the article, click on the pdf below.
Transfers and due diligence: The latest instalment
Paul Newman KC looks at a very recent DPO determination on the scope of an occupational scheme trustee’s due diligence duties in respect of a non-statutory transfer made under the rules of the scheme. To read the article, click on the pdf below.
New amendments to Virgin Media clauses in pension Bill
New amendments have today been tabled to the Pension Schemes Bill, including changes made by the Secretary of State to the clauses which remedy the problems caused by Virgin Media decision. Most of those changes are relatively minor. The only three of any substance are: Gov 58, which amends the definition of “positive action” that will trigger the exclusion of the scheme from the remedial provisions, so that any step taken by the scheme trustees or managers to alter benefit p
The meaning of "accrued rights or interests"
Paul Newman KC considers the recent High Court decision in 3i PLC v Decesare , in which a fetter in a scheme amendment power which prohibited changes diminishing the accrued rights or interests of members was held not to protect members’ future service rights. To read the article, click on the pdf below.
