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Quarterly Pensions in Dispute

Our quarterly pensions litigation briefing is designed to help pensions managers identify key risks in scheme administration and trustees update their knowledge and understanding.

 ​​2019

  • June 2019​ - pension increases could not be validated: BIC v Burgess; no reasonable reliance on incorrect statements; update: recent compensation awards.
  • February 2019 - transfers: proportionate due diligence; transfer deadlines: financial advice; update: GMP equalisation; update: compensation awards for non-financial injustice; trustee indemnity for appeal costs; watch this space

2018

  • November 2018 – key updates this quarter; transfers: TPO expects due diligence to be proportionate and prompt; an employer’s duty to inform employees about their pension rights

  • August 2018​ - Serious ill health and trustee responsibilities; pensions transfer due diligence - what is expected of trustees? 

  • May 2018 - no limitation period when recovering overpayments from future pension; being mindful of critical pension dates – a reminder for employers; applying the incapacity test: who makes the decision?

  • February 2018  can a member keep an overpayment; moving from RPI to CPI? Seeking appropriate advice

2017 

  • November 2017 – higher compensation for repeated maladministration: Smith v Sheffield Teaching Hospitals NHSFT; relevance of financial loss to compensation for misstatements; compensation for consequential losses
  • August 2017 – pensionable pay caps and reasonable expectations: IBM v Dalgliesh and Bradbury v BBC; death benefits for same-sex partners: Walker v Innospec; reviewing ill-health pensions
  • May 2017 – RPI switch not possible in practice: Thales; calculating pension increase underpins: FDR v Dutton; Ombudsman likely to increase compensation threshold: Baugniet
  • February 2017 - correcting underpayments (tax charges); discrimination claims (justification)

2016 

  • November 2016 - internal dispute resolution and independent decision-makers; record-keeping periods; overpayments – don’t get caught out by limitation issues; bankruptcy – dealing with member queries
  • August 2016 – buy-in/PIE exercise: Mr N; QROPS transfer/pension age test: Ms P
  • May 2016 – pension liberation: Hughes v Royal London; communications: Mather, Vose, Ford Motor Company v Elliott
  • February 2016 – informing members of tax consequences: Cherry; correcting mistakes in scheme rules: Re BCA Pension Trustees Ltd

2015 

  • November 2015 – trustee/employer decision-making: Elliott, Ms B
  • August 2015 – dealing with seriously ill members: Dando, Webb; delay in providing CETV quotation: Brackley
  • February 2015 – pension liberation: Kenyon, Stobie, Jerrard; change to revaluation rate: Pusinelli

2014 

  • November 2014 – online communications: Underwood; DB to DC transfers (Financial Ombudsman Service): Mrs A, Mr C
  • August 2014 – estoppel: McClean; RPI/CPI: Arcadia Group Ltd v Arcadia Group Pension Trust Ltd
  • June 2014 – communications: IBM v Dalgleish, Gregory; DC investment options: Lupton
  • April 2014 – compensation for distress and inconvenience: Venables, Parker; trustee powers and decision-making: Adams, Wood

2013 

  • December 2013 – bridging pension/SPA changes: Thew; delay in paying DC contributions: Smyth
  • October 2013 – DC governance: White, Bridge; data protection breach: Scottish Borders Council v Information Commissioner
  • July 2013 – ill-health: Brown, Patel; trustee decision-making: Pitt v HMRC/Futter v Futter
  • April 2013 – poor communications/dispute resolution: Morgan, Wainwright, Frankham, Connolly; discrimination and cost considerations: O’Brien v Ministry of Justice

2012 

  • December 2012 – duty of good faith: IBM, Taylor; disclosure requirements: Lillie
  • October 2012– Inaccurate benefit statements: Bore, Corentin, Hallard; inaccurate scheme booklet: Paffey
  • July 2012 – pensionable pay cap: Bradbury v BBC; pensionable pay: Ms C; death benefits: Hendry; special employer contributions/PPF: Marshall
​​​

Key people

Jason Shaw
Jason Shaw
Counsel
United Kingdom
Telephone icon+44 203 088 2241
Send email
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Neil Bowden
Neil Bowden
Partner
United Kingdom
Telephone icon+44 20 3088 3431
Send email
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Jane Higgins
Jane Higgins
Partner
United Kingdom
Telephone icon+44 20 3088 3161
Send email
View officeView profile
Andy Cork
Andy Cork
Partner
United Kingdom
Telephone icon+44 20 3088 4623
Send email
View officeView profile


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