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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


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


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.

Paul Newman KC
Mar 191 min read


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.

Paul Newman KC
Mar 121 min read


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.

Paul Newman KC
Feb 261 min read


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.

Paul Newman KC
Jan 81 min read


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.

Paul Newman KC
Dec 11, 20251 min read


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.

Paul Newman KC
Dec 4, 20251 min read


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.

Paul Newman KC
Nov 27, 20251 min read


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 30, 20251 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 23, 20251 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 9, 20251 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 25, 20251 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 18, 20251 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 31, 20251 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 3, 20251 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 26, 20251 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 29, 20251 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 15, 20251 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 1, 20251 min read
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