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Interesting issues in indemnity insurance – Part 2
In the second of his alliteratively titled articles on trustee indemnity insurance, Paul Newman KC considers the circumstances in which pension trustees can use scheme assets to purchase run-off insurance cover during the winding-up of the scheme. To read the article, click on the pdf below.

Paul Newman KC
5 days ago1 min read


Interesting issues in indemnity insurance
In the first of two articles on trustee indemnity insurance, Paul Newman KC asks whether trustees can be required to disclose in proceedings whether they have indemnity insurance in place. To read the article, click on the pdf below.

Paul Newman KC
May 71 min read


A view from Australia
Professor Scott Donald of the University of New South Wales looks at two recent Australian cases discussing the nature of the legal interest held by a member of a superannuation fund. To read the article, click on the pdf below.

Paul Newman KC
Apr 301 min read


Ombudsman’s updated approach to McCloud complaints
TPO has published an update on its approach to McCloud complaints. TPO’s previous approach was to investigate such complaints only in limited circumstances, such as immediate detriment cases involving financial hardship where the scheme was not addressing the issue satisfactorily. That reflected the fact that the statutory remedy was still being introduced, and schemes needed time to adapt their systems and processes. TPO now says that, with milestones in the remedy process h

Paul Newman KC
Apr 271 min read


Beckmann claims and limitation
Daniel Jukes of Wilberforce Chambers examines a recent case applying a six-year limitation period to Beckmann claims, and why its reasoning may be open to challenge. To read the article, click on the pdf below.

Paul Newman KC
Apr 231 min read


Retrospective amendments and rewriting history
Paul Newman KC explains the limits on the validity of retrospective amendments to pension scheme documents, and the extent to which those limits may be overcome by careful drafting. To read the article, click on the pdf below.

Paul Newman KC
Apr 161 min read


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!

Paul Newman KC
Apr 11 min read


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

Paul Newman KC
Mar 261 min read


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.

Paul Newman KC
Mar 261 min read


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

Paul Newman KC
Mar 191 min read
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