PensionsMonday 22 January 2024
The Avon Cosmetics case is the latest word from the High Court on the conditions required for saving a pension scheme amendment that is partially invalid due to failing to comply with the scheme’s amendment power. It confirms the requirement to consider whether the parties to the amendment would have entered into it had they known of the true scope of the amendment power, but emphasises that that involves an objective rather than a subjective investigation.
Paul Newman KC acted for the trustees, instructed by Blake Morgan.
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Articles
Joseph Steadman has written an article in which he considers McHale v Dunlop, a recent claim for negligence and breach of fiduciary duty, arising from the loss of pension assets transferred into a SSAS and invested in an overseas investment... Read more
By Joseph Steadman
Thursday 13 June 2024
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Edward Sawyer has written an article in which he discusses the Court of Appeal’s decision in BMA v HM Treasury, which upheld the validity of directions made by the Treasury to charge members rather than taxpayers with the costs of... Read more
By Edward Sawyer
Thursday 16 May 2024
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Ram Lakshman has written an article in which he considers the important Pensions Ombudsman determination relating to the BIC UK Pension Scheme, concerning the recoupment of overpaid benefits from future pension instalments. The article was first posted on Paul Newman KC‘s... Read more
By Ram Lakshman
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Articles
Paul Newman KC has written an article in which he considers whether the pro-rating of annual non-statutory increases to pensions in payment for only part of a year can be read into a scheme that makes no express provision for... Read more
By Paul Newman KC
Thursday 25 April 2024
