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Pension transfer claims: the saga continues
Edward Sawyer of Wilberforce Chambers considers a recent determination of the Deputy Pensions Ombudsman on a pension transfer claim, deciding that scheme trustees owed no general duty to undertake due diligence on behalf of the transferring member, and declining to follow the High Court’s decision in Hughes v Royal London . To read the article, click on the pdf below.

Paul Newman KC
Oct 301 min read


Bursting the Bubble
Naomi Kilcoyne of Wilberforce Chambers looks at KO UK Pension Trustees v Barker , in which the High Court recently authorised the unlocking of surplus assets in the Coca-Cola pension scheme. To read the article, click on the pdf below.

Paul Newman KC
Oct 231 min read


Debt shield: Still up for grabs
Paul Newman KC looks at a recent High Court case dealing with further issues arising from the enforcement of judgment debts against...

Paul Newman KC
Oct 91 min read


A Spirited argument?
James Walmsley of Wilberforce Chambers discusses a recent appeal from a PO determination concerning the “static” versus the “dynamic”...

Paul Newman KC
Sep 251 min read


Ombudsman sets out position on pension transfer claims
Edward Sawyer of Wilberforce Chambers considers a recent determination on the British Steel Pension Scheme, in which the PO set out his...

Paul Newman KC
Sep 181 min read


The scheme giveth, the scheme taketh away...
Paul Newman KC looks at a recent Ombudsman decision on the legality of suspending/terminating a spouse’s pension on...

Paul Newman KC
Jul 311 min read


Allowing Ombudsman appeal by consent
Oliver Hilton of Radcliffe Chambers explains how the process for allowing appeals by consent has been recently applied to a determination...

Paul Newman KC
Jul 31 min read


Corrective construction and confidential opinions
Paul Newman KC looks at a recent High Court decision applying the corrective construction principle to remove an anomaly in the drafting...

Paul Newman KC
Jun 261 min read


Stop me if you've heard this one before
Paul Newman KC looks at a recent case in which a High Court claim was struck out on the basis that it sought to raise the same issue...

Paul Newman KC
May 291 min read


Whatever I said, whatever I did, I didn't mean it...
Theo Dixon of Wilberforce Chambers considers a recent PO determination on the extent to which an employer must consider additional...

Paul Newman KC
May 151 min read


Jurisdiction of FTT: Penalty notice review
Ram Lakshman of Wilberforce Chambers considers a recent First Trier Tribunal decision providing guidance on its jurisdiction to review...

Paul Newman KC
May 11 min read


Can the Pensions Ombudsman rectify documents?
Michael Ashdown of Wilberforce Chambers considers the recent Supreme Court case of National Union of Rail &c v Tyne and Wear Passenger...

Paul Newman KC
Jan 91 min read


How not to determine financial dependency
Paul Newman KC examines a recent High Court decision on the test for financial dependency in a claim for death benefits under the LGPS....

Paul Newman KC
Dec 5, 20241 min read


Pensions pots - an asset beyond the reach of creditors?
Thomas Robinson of Wilberforce Chambers looks at an important new Court of Appeal case which has struck down the practice of requiring...

Paul Newman KC
Nov 28, 20241 min read


Rectify your formal defects away!
Paul Newman KC considers a case in which pension scheme amendments were rectified to overcome the failure of a trustee to sign the...

Paul Newman KC
Nov 7, 20241 min read


Mistaken payments and fixed protection
Paul Newman KC looks at Lefort v HMRC , in which the FTT has controversially refused to follow an earlier FTT decision on whether a...

Paul Newman KC
Oct 31, 20241 min read


New from the Ombudsman's office
Paul Newman KC considers two recent determinations of the Deputy Pensions Ombudsman, concerning (amongst other things) the scope of the...

Paul Newman KC
Oct 17, 20241 min read


Recoupment - the view from Singapore
Paul Newman KC looks at a recent case on recoupment from the Singapore High Court, which considers the relationship between the remedy...

Paul Newman KC
Oct 10, 20241 min read


Virgin Media: CA gives no respite
Paul Newman KC has written a casenote on today's decision, in which the CA dismissed the appeal against the judge's decision that the...

Paul Newman KC
Jul 25, 20241 min read


BBC English: CA rules on meaning of "interests"
Joseph Steadman, who appeared as counsel for the trustee, considers the Court of Appeal’s decision in British Broadcasting Corporation v...

Paul Newman KC
Jul 18, 20241 min read
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