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Happy Easter from Pensions Barrister!
We are now off to eat chocolate and re-watch some old Bond films. Thanks for your support - we will be back soon with more content!
tPR publishes Virgin Media remediation guidance
The Regulator has today published guidance for trustees and managers on the proposed remediation of historic section 37 problems exposed by the Virgin Media decision . The guidance proceeds on the basis that, if the Pension Schemes Bill 2025 is enacted in its current form, many historic alterations to salary-related contracted-out schemes made between 6 April 1997 and 5 April 2016 may yet be validated, even where no written actuarial confirmation can now be found, provided th
Service, evidence and tPR's role in fixed penalty appeals
Paul Newman KC considers a recent Upper Tribunal decision raising interesting points on service, what is being decided on an appeal, and the quality of material which the Regulator is expected to place before the First-Tier Tribunal. To read the article, click on the pdf below.
An interesting (but not important) trust case
The Privy Council has today given judgment in A and 6 others v C and 13 others [2026] UKPC 11 on the role of trust protectors. The reassuring news for pensions lawyers is that this is not a case that needs to go straight to the top of the reading pile. The Board was dealing with a specialised offshore trust structure, and considering whether fiduciary protectors asked to consent to trustee decisions are confined to a narrow supervisory role or may exercise their own independ
The Pensions Ombudsman and the common law
Allison Wu of Wilberforce Chambers considers two recent determinations of the Deputy Pensions Ombudsman which apply common law principles in pensions contexts. To read the article, click on the pdf below.
Protected Persons, TUPE and the limits of ‘reorganisation’
Paul Newman KC looks at a very recent High Court decision on how ‘protected persons’ pension provisions should be construed against the background of TUPE continuity and the Protected Persons Regulations. To read the article, click on the pdf below.
The secret life of pension documents
Paul Newman KC looks at how pension documents written for one purpose often end up being used for another, and what that means for those drafting them. To read the article, click on the pdf below.
FOS reforms: the clock is still ticking
The Financial Ombudsman Service (FOS) decides disputes by reference to what is ‘fair and reasonable’ in all the circumstances. HMT, the FCA and FOS have been working on reforms designed to make outcomes more predictable, particularly by reference to what the FCA’s rules required at the time, and by improving how ‘big issue’ complaints are handled. The FCA/FOS consultation paper on this issue, which was published in July 2025, can be found here . An update and further consul
Limitation and the wrong defendant
Paul Newman KC looks at a recent Court of Appeal decision which has potentially significant consequences for pensions negligence claims brought against the wrong defendant because liability had transferred to a successor entity. To read the article, click on the pdf below.
Civil Service Pension Scheme administrative problems
Paul has written an article for civilserviceworld.com on dos and don'ts for those affected by the ongoing Civil Service Pension Scheme issues. To read the article, click on this link . To read the Government's recent update on this topic, click on this link .
The future for lay trustees
Paul Newman KC considers the government’s proposals for the future of pension trustees set out in a recent DWP consultation paper, and asks whether it spells the end for the traditional lay trustee governance structure. To read the article, click on the pdf below.
Talking Pensions Ep26: Bob Scott
In this edition of Talking Pensions (recorded in December 2025), Paul talks to Bob Scott, senior partner at Lane Clark & Peacock. They discuss Bob's long career as a consulting actuary and expert witness. To read a transcript of the podcast, click on the pdf below.
