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Appeal Court treats UURBS as tax avoidance scheme
In AD Bly Groundworks and Civil Engineering Ltd v HMRC [2025] EWCA Civ 1443, the Court of Appeal has upheld the decision of the Upper Tribunal that a company’s liabilities representing its promise to provide future pension benefits to key employees via an UURBS were incurred for the purpose of a tax avoidance scheme rather than expenses incurred wholly and exclusively for the purposes of the company’s trade, so that those liabilities were not deductible from the company’s pr

Paul Newman KC
Nov 171 min read


Court dismisses appeal from pension liberation determination
In November 2024, the Deputy Pensions Ombudsman issued a 768-paragraph determination in which he found the trustees and managers of 3 pension schemes liable for dishonest breaches of duty with regard to the investment of scheme assets as part of a pension liberation exercise. An appeal from that determination has been dismissed by Richards J: Brambles Administration Limited v Harvey . The appeal was on limited grounds, relating to the time limits for bringing complaints, the

Paul Newman KC
Nov 141 min read


Investment duty amendment tabled to pension Bill
An amendment to the Pension Schemes Bill has today been tabled by the Chair of the Business and Trade Committee which seeks to add to the matters which pension scheme trustees and managers can take into account when selecting investments. Those matters are: “system-level considerations”, defined as risks and opportunities that cannot be fully managed through diversification alone and which arise from sector-level circumstances, including environmental or social matters; t

Paul Newman KC
Oct 211 min read


FRC to develop actuarial guidance on Virgin Media legislation
As expected, the Financial Reporting Council has announced that it will develop technical guidance to support scheme actuaries in...

Paul Newman KC
Oct 61 min read


DPO declines to follow Court on meaning of “earner”
In a determination issued last week (Mrs T, CAS-78486-R9D8), the Deputy Pensions Ombudsman declined to follow the High Court’s decision...

Paul Newman KC
Oct 61 min read


Court ruling on legal activities by non-lawyers contd...
In yesterday’s news item on Mazur v Charles Russell Speechlys LLP , we said that the High Court’s decision that the “reserved legal...

Paul Newman KC
Sep 231 min read


Court ruling on legal activities by non-lawyers
By section 13(2) of the Legal Services Act 2007, “reserved legal activities” may only be undertaken by prescribed legally qualified...

Paul Newman KC
Sep 221 min read


Presumption of regularity to cure defective amendment: an Australian perspective
In Thynne v Jevny Pty Limited [2025] NSWSC 986, the Supreme Court of New South Wales had to consider whether the presumption of...

Paul Newman KC
Sep 41 min read


Virgin Media amendments to the Pension Schemes Bill announced
Following its promise in June 2025 to legislate to relieve pension schemes from the effects of the Virgin Media decision, the government...

Paul Newman KC
Sep 11 min read


Important PO determination on pension transfers
The PO has issued a determination of a complaint that the trustee of the British Steel Pension Scheme failed to carry out sufficient due...

Paul Newman KC
Sep 11 min read


Irish court lets employer walk away from DB liabilities
By contrast to UK law, Irish law does not restrict the right of a solvent employer of a DB scheme to terminate its contribution liability...

Paul Newman KC
Aug 131 min read


Upper Tribunal confirms contribution notice
In Pelgrave v The Pensions Regulator [2025] UKUT 257 (TCC), the Upper Tribunal (Tax and Chancery Chamber) upheld the issue of a...

Paul Newman KC
Aug 51 min read


No clarity for Virgin Media reversal date on Pensions Bill reading
The Pension Schemes Bill was given its second reading in the House of Commons last night. During his speech the Pensions Minister,...

Paul Newman KC
Jul 81 min read


Ombudsman issues general guidance on overpayment cases
The Deputy Pensions Ombudsman has issued a determination following a complaint by members of the Bic UK Pension Scheme concerning the...

Paul Newman KC
Jun 301 min read


High Court applies corrective construction to scheme rule
In Renishaw PLC v Ross Trustees Services Ltd [2025] EWHC 1445 (Ch), HHJ Hodge KC, sitting as a Judge of the High Court, has applied the...

Paul Newman KC
Jun 201 min read


Government to legislate to deal with issues arising from Virgin Media v NTL Pension Trustees
The Government has today announced that it will introduce legislation to give pension schemes affected by the Virgin Media decision the...

Paul Newman KC
Jun 51 min read


Judgment debt enforced against SIPP benefits
In Century Property (Leeds) Ltd v Aldiss [2025] EWHC 1348 (KB), the High Court has ordered the enforcement of a judgment debt against the...

Paul Newman KC
Jun 41 min read


tPR exercises little-used power to release trapped surplus
In a determination published yesterday, tPR has exercised its power under s.69 of the Pensions Act 1995 to modify the provisions of a...

Paul Newman KC
Jun 41 min read


Pensions Barrister returns from short sabbatical... Valuing assets held by SIPPS: UT substantially dismisses appeal
In Morgan Lloyd Trustees Ltd v HMRC [2025] UKUT 102 (TCC), UT substantially dismissed an appeal from the FTT’s decision (a note on which...

Paul Newman KC
Mar 311 min read


High Court approves merger of schemes in winding-up
In Arcadia Group Pension Trust Ltd v Smith [2025] EWHC 11 (Ch), Master Marsh (sitting in retirement) has approved the merger of the Staff...

Paul Newman KC
Feb 31 min read
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