PENSIONS COMPASS MAY 2021
Welcome to our Summer 2021 Edition. The Courts and Tribunals are currently very busy in the pensions field and on a great variety of topics. From misguided transfers to divorce… Read more →
- All
- Disputes
- Construction
- Contentious Insolvency
- Corporate
- Corporate Occupiers & Tenants
- Data Protection
- Debt recovery
- Real Estate Development
- Diversity, Inclusion and Workplace Behaviours
- Employment
- Employment Litigation
- Family & Divorce
- Finance
- Insolvency & Restructuring
- IP & Commercial
- IP Disputes
- Outsourcing
- Pensions & Employee Benefits
- Planning & Environmental
- Private Client
- Private Wealth and Trusts Dispute Resolution
- Projects & Infrastructure
- Property Litigation
- Property Restructuring & Insolvency
- Real Estate Finance
- Real Estate Investment
- Real Estate Tax
- Residential Property
- Tax
- Utilities
- All
- Abigail Pearson
- Adam Betts
- Adam Colenso
- Adam Grant
- Adam Kobeissi
- Adam Lynch
- Adrian Heath-Saunders
- Aimee Matthews
- Alison Hills
- Andrew Joyce
- Andrew McIntyre
- Andrew O’Keeffe
- Angharad Bizby
- Ann Stanyer
- Anna Giles
- Anna Lewis
- Antoaneta Proctor
- Ayesha Wijetunge
- Barnaby Heap
- Ben Dunbar
- Bhavini Taylor
- Brad Fearn
- Camilla Wallace
- Caroline Miller
- Charles Hicks
- Charles Robinson
- Charley Lowe
- Charlotte Meredith
- Charlotte Pollard
- Charmaine Hast
- Choy Lau
- Chris Williams
- Christine Miller
- Christine Tagford
- Christopher Burt
- Christopher Tite
- Claire Haynes
- Claire Nelson
- Clare Armitage
- Clare Irvine-Fortescue
- Clive Weber
- Connor Pierce
- Daniel Moore
- David de Maupeou
- David Earl
- David Johnston
- David Kingsford
- David Roberts
- David Toms
- Debra Goldwyn
- Edward Craft
- Edward Hallam
- Edward Moss
- Edward Saunders
- Edward Starling
- Eleanor Metcalf
- Elizabeth Atkins
- Elizabeth Kilburn
- Emily Daly
- Emily Minett
- Emma Loveday
- Fiona Abbott
- Frances Coulson
- Frances Paulton
- Francesca Mansell
- Gemma Mallett
- Glenn Chidgey
- Graham McPhie
- Graham Smith
- Grainne McCourt
- Harriet Forster
- Helen Barnett
- Helen Garthwaite
- Hilary Platt
- Ian Rees
- Ivan Fitzherbert
- Jack Martin
- Jade Greig
- James Castro-Edwards
- James Latham
- James So
- Janice Wall
- Jeff Rawson
- Jemima Page
- Jemma Pugh
- Jennifer Beattie
- Jenny Cutts
- Jill Skinner
- John Cowlishaw
- Jonathan Achampong
- Jonathan Hibberts
- Julia Jackson
- Julian Mathews
- Justin Lewis-Vivas
- Justin McGilloway
- Kamalprit Lally
- Kate Johnson
- Katharine Evans
- Kathryn West
- Katie Turney
- Katie Willis
- Kim Lalli
- Kirk Camrass
- Laura Davies
- Laurence Rogers
- Leah Freeman
- Leanne Hale
- Lewis Ewers
- Liam Floodgate
- Lindy Day
- Lisa Olliff
- Louise Gowman
- Lucy O’Brien
- Malcolm Macfarlane
- Malcolm Rogerson
- Marc Leyshon
- Maria Coker
- Martin Ackland
- Martin Arnold
- Martin Scammell
- Martin Thomas
- Mary Rogers
- Matthew Braithwaite
- Matthew Cropp
- Matthew Mainstone
- Matthew Tebbot
- Michael Gardner
- Michael Ridsdale
- Michelle Jones
- Mick Gorrill
- Molly Coyle
- Morgan James
- Natascia Alden
- Natasha Kurth
- Natasha Methven
- Naushin Malik
- Nick Mendoza
- Nick Saville
- Nick Stone
- Nigel Taylor
- Oliver Embley
- Olivia Ufland
- Omar Amin
- Parminder Sidhu
- Patrick Martinez-Brown
- Patrick McGrath
- Paul Ashcroft
- Peter Crawford
- Peter Smith
- Philip Matthews
- Philip Slegg
- Prima Patel
- Rachel FitzGerald
- Rachel Walbourn
- Ravinder Mahal
- Rebecca Barry
- Rebecca Bridgen
- Rebecca de Andrade
- Rebecca Stephen
- Richard Boulding
- Richard Isham
- Richard Lester
- Richard Saunders
- Rob McKellar
- Robert Dolman
- Robert Paterson
- Rory Carter
- Roz Crowley
- Sally Spicer
- Sam Efiong
- Sam Fenwick
- Sara Crystal
- Sarah Blunn
- Sarah Williams
- Sarah Elliott
- Sarah May
- Sarah McGregor
- Sarah Turner
- Schuyler Hillbery
- Shafaq Sadiq
- Simon de Galleani
- Simon Duncan
- Sophia Vanezis
- Steven Elsey
- Susan Fritsche
- Suzanne Gill
- Suzanne Reeves
- Tal Goldsmith
- Tatevik Grigorian
- Thomas Stofer
- Tom Allfree
- Tom Mouritz
- Trisha Siddique
- Victoria Mahon de Palacios
- William Granger
- Zoe Bax
News
Pensions Ready Reckoner – May 2021
Clive Weber, Consultant, Pensions & Employee Benefits Team. Please contact Clive with any queries on this Ready Reckoner. PARLIAMENT Recent Legislation Date Effect Administration Regulations Made 29/03/2021 and into force… Read more →
News
MEDLEY OF CASE LAW – TRUSTEES AND INTRODUCERS IN HOT WATER!
A digest of some recent cases: Members suing SIPP operatorIn Adams v Options SIPP (formerly Carey Pensions), the Court of Appeal decided on 1 April 2021 the member’s agreement with… Read more →
Uncategorized
DEFINED BENEFIT SCHEMES: NEW ERA FOR PENSION REGULATOR’S ANTI-AVOIDANCE POWERS
Click here to view the article.
News
Pensions Ready Reckoner March 2021
PARLIAMENT Recent Legislation Date Effect Pensions Schemes Act 2021 Royal Assent 11/02/2021 The Act will come into effect in stages once ancillary Regulations have been made and brought… Read more →
Bulletins
Pension Schemes Act 2021: Staying safe from the new Criminal Offences and Contribution Notices
BackgroundPrevention is better than cure. The criminal offences and new grounds for Contribution Notices (“CNs“) under the Pension Schemes Act 2021 (the “Act“) are nasty illnesses – but employers and… Read more →
News
PENSION TRANSFERS: INHERITANCE TAX TRAP?
A recent Supreme Court ruling has highlighted that transfers between registered pension schemes can have unintended inheritance tax (“IHT”) consequences. In this case, the late Mrs Staveley (“Mrs S”) was… Read more →
News
Pensions Compass December 2020
To all our many readers – Happy Christmas and a very Healthy New Year. Despite the challenges of COVID, pensions law has continued non-stop and we are here to help you… Read more →
News
Part 6 – Pensions Ready Reckoner
PARLIAMENT Forthcoming Legislation Date Effect Pension Schemes Bill Royal Assent expected by 31 December 2020 The Bill is progressing speedily through Parliament and includes the expected new criminal offences for… Read more →
News
Part 5 – Quick review of Superfunds
This article focuses on Superfunds including ‘Clearance’ aspects. Where are we now with Superfunds? In our recent article on Superfunds (published in Investment & Pensions Europe, 7 August 2020) we… Read more →
News
Part 3 – RIP for RPI? Treasury and UK Statistics Authority Response
Background On 11 March 2020 the Treasury and the United Kingdom Statistics Authority (UKSA) jointly consulted on the UKSA proposal to adopt the CPIH (consumer prices index with a housing… Read more →
News
Part 2 – Transfers and GMP Equalisation Clarity at last?
The High Court Judgment in the Lloyds Bank Transfer case on 20 November 2020 provides answers but leaves plenty undecided. Here is a bird’s eye view of what was decided,… Read more →
News
Correcting Scheme rules – never easier? SPS Technologies UK Pension Plan- Pensions Today
Clive Weber (Pensions Partner) and Paul Ashcroft (Pensions Solicitor), Wedlake Bell LLP, identify key lessons from the High Court’s decision in SPS Technologies UK Pension Plan (the “Scheme”). Please see… Read more →
Podcast Video
Episode 2 – RIP for RPI?
News
Pensions Compass September 2020
Welcome to our Autumn 2020 Edition of Pensions Compass. We hope readers have enjoyed some relaxation over the Summer. 1. PODCASTS – In the Autumn we usually hold our Oktoberfest pensions event including… Read more →
News
Ready Reckoner – September 2020
Parliament Forthcoming Legislation Date Effect Pension Schemes Bill 2019-21 Royal Assent expected in 2020 or Q1 2021 The Bill has completed its House of Lords stages and started in the… Read more →
News
PART 4 – Transfers: Inheritance Tax Trap?
INTRODUCTION Transfers between registered pension schemes can be problematic for members on many fronts, but not usually due to Inheritance Tax (IHT). The exception is where the member concerned is… Read more →
News
Part 3 – Hughes v Pension Protection Fund (“PPF”) – Battle Lines Drawn in PPF Compensation Case
On 20 August 2020, battles lines were drawn and appeals lodged in the Hughes judicial review litigation. The PPF’s appeal concerns its approach to the requirement for members to receive… Read more →
Uncategorized
Ready Reckoner – July 2020
PARLIAMENT Recent Legislation Date Effect Corporate Insolvency & Governance Act 2020 25/6/2020 Attempt to provide lifeline to struggling companies. Measures include suspending enforcement of certain debts, introduction to the UK… Read more →
News
Pensions Compass July 2020
Welcome to our July 2020 Edition of Pensions Compass. The legal consequences of Covid-19 are inevitably still to the forefront. The following articles consider the impact in different areas as well… Read more →
Uncategorized
Part 1 – Corporate Insolvency – emergency legislation – Pension deficits relegated ?
Introduction The Corporate Insolvency and Governance Act 2020 (the “Act”) became law on the 25th June 2020. The aim of the Act is to assist the survival of companies in… Read more →
News
Wedlake Bell Pensions & Employee Benefits Team Update – TPR’s Annual Funding Statement 2020
Wedlake Bell Pensions & Employee Benefits Team Update – TPR’s Annual Funding Statement 2020 On 30th April 2020 the Pensions Regulator (“TPR”) published the above Statement aimed at employers and… Read more →
News
Pensions Compass April 2020
Alison described the February 2020 Edition as a “fun packed edition to help blow away the winter doldrums”. As the new Pensions Compass Editor, I follow in her footsteps in attempting… Read more →
Uncategorized
Pensions Ready Reckoner April 2020
Clive Weber, Partner, Pensions & Employee Benefits Team. Please contact Clive with any queries on this Ready Reckoner. PARLIAMENT Proposed Legislation Date Effect Pension Schemes Bill 2020 Uncertain due to… Read more →
News
Part 5 – Key Points for Defined Contribution Schemes – Investment Powers and Duties
Given the precipitous decline in value of many defined contribution members’ pension pots, the trustees of defined contribution schemes (“DC Schemes“) are particularly at the sharp end. Trustees of defined… Read more →
News
Part 1 – Quick Refresher on Legal Duties
In these exceptional times, how can trustees and employers best take legally watertight decisions? When life returns to normal, present decisions need to stand up to legal scrutiny if challenged.… Read more →
News
Coronavirus – How can our People Services team help your business with the challenges it is facing?
Employers are facing an unprecedented set of circumstances as Covid-19 sweeps the country. Whilst the primary objective is, and should be, to halt the spread of the virus and to… Read more →
Uncategorized
Pensions Compass February 2020
Welcome to our first 2020 Edition of Pensions Compass! As usual we have a fun packed edition to help blow away the winter doldrums. Our first edition of Pensions… Read more →
Bulletins
DB Schemes Abolition of LIBOR and (possibly) RPI
New Rules – Introduction There is no shortage of challenges for trustees of defined benefit schemes and their sponsoring employers. In this article we consider two game changers, namely (1)… Read more →
Bulletins
THE END OF LIBOR: A CALL TO ACTION!
LIBOR’s farewell A seismic change is taking place in the financial world. At the instigation of the Financial Regulators, the global markets are preparing to transition away from the London… Read more →
Bulletins
Pensions Ready Reckoner February 2020
News
Pensions Ready Reckoner- December 2019
News
Hot air, or real deterrent?
Will the proposed new criminal offences and other measures stop another Sir Philip Green in his tracks? Introduction The Pension Schemes Bill published in October 2019 includes a raft of… Read more →
News
Pensions Ready Reckoner – October 2019
Clive Weber, Partner, Pensions & Employee Benefits Team. Please contact Clive with any queries on this Ready Reckoner. PARLIAMENT Recent Legislation Date Effect Statement of Investment Principles – Investment Disclosures… Read more →
News
Pensions Ready Reckoner – May 2019
PARLIAMENT Recent Legislation Date in force Effect Age Discrimination – Equality Act Exemptions Order 15 May 2019 Consequential on increases in State Pension Ages, permits schemes to continue paying bridging… Read more →
News
The magician’s wand – invalid amendments put right?
In this article Clive Weber reviews the recent interesting Court of Appeal judgment on 10 May 2019 in BIC UK Limited v Burgess. The Court concluded there was no legal… Read more →
News
Pensions Ready Reckoner – March 2019
Clive Weber, Partner, Pensions & Employee Benefits Team. Please contact Clive with any queries on this Ready Reckoner. PARLIAMENT Recent Legislation Date Effect Financial Guidance and Claims Act Enacted 10… Read more →
News
DB recklessness offence could catch worst employers – Pensions expert March 2019
Just what is wilful or reckless behaviour in relation to a pension scheme? That is the test at the heart of a new crime proposed in the Conservative party’s 2017… Read more →
Uncategorized
Episode 11: Estate and Pension Planning: a Holistic Approach
Clive Weber and Caroline Miller are discussing the key considerations for estate and pension planning and looking at the various options available when considering the best way of devolving ones… Read more →
News
Pension Transfers and Inheritance Tax – Have HMRC won the battle?
Background: Readers may recall the “Staveley” Inheritance Tax (“IHT) case on pension transfers. See our February 2017 Pensions Bulletin when we commented on the Upper Tax Tribunal’s January 2017 decision.… Read more →
Brexit
Brexit Checklist
Are you ready? Brexit is going to impact on our laws. It is too early to know what the repercussions will be but it is certain that there will be… Read more →
News
Pensions Ready Reckoner – January 2019
Clive Weber, Partner, Pensions & Employee Benefits Team. Please contact Clive with any queries on this Ready Reckoner. PARLIAMENT FROM THE COURTS FORTHCOMING COURT DECISIONS THE ROAD AHEAD OTHER MATTERS
News
Budget 2018: Brexit
LNB News 29/10/2018 102. The government has allocated an additional £500m of funding for its preparation for the UK’s exit from the EU. This funding aims to help departments manage… Read more →
News
Pensions Ready Reckoner – September 2018
Pensions Ready Reckoner Clive Weber, Partner, Pensions & Employee Benefits Team. Please contact Clive with any queries on this Ready Reckoner. PARLIAMENT Recent Legislation Enacted Effect Data… Read more →
News
British Airways: Court of Appeal defines the proper purpose of an occupational pension scheme and narrows the role of pension scheme trustees
British Airways (“BA“) has successfully appealed against the BA pension scheme Trustees’ award of pensions increases. The Court of Appeal reversed the High Court decision in favour of the Trustees… Read more →
Bulletins
Pensions Ready Reckoner – June 2018
Clive Weber, Partner, Pensions & Employee Benefits Team. Please contact Clive with any queries on this Ready Reckoner. PARLIAMENT Legislation Enacted Effect Finance Act 2018 15 March 2018… Read more →
News
“What is the purpose of a pension scheme?” – Clive Weber comments for Professional Pensions
Partner in our Pensions & Employee Benefits team, Clive Weber, has had his comments published by Professional Pensions in relation to British Airways’ pension scheme dispute. On the issue, Clive… Read more →
Bulletins
Pensions Ready Reckoner – March 2018
Pensions Ready Reckoner Clive Weber is a Partner in our Pensions & Employee Benefits Team. Please contact Clive with any queries on this Ready Reckoner. PARLIAMENT Topic Bills… Read more →
Bulletins
Pension Ready Reckoner – January 2018
PARLIAMENT Topic Bills Data Protection Bill The Bill was introduced in Parliament on 13 September 2017 and is intended to give effect to the EU General Data… Read more →
Bulletins
Legality of employer decisions
In this article Employment Partner Blair Adams and Pensions Partner Clive Weber jointly comment on the important Court of Appeal decision in IBM v Dalgleish on 3 August 2017 (IBM Decision)… Read more →
Bulletins
Pensions Ready Reckoner – September 2017
Clive Weber, Partner, Pensions & Employee Benefits Team. Please contact Clive with any queries on this Ready Reckoner. PARLIAMENT Topic Key Acts of Parliament Finance Bill 2017 The following provisions… Read more →
Bulletins
Section 75 debts: DWP consults on yet another possible relaxation
Help is at hand for employers which accidentally cease to have active members, or is it? Problem One can liken section 75 for employers in DB multi-employer schemes to a… Read more →
Bulletins
Risk reduction a ‘key driver’ of increased gilts investments
Clive Weber, Partner in Pensions and Employee Benefits was quoted in Pensions Age, the leading pensions magazine. Risk reduction is a “key driver” of increased gilts investments by pensions funds,… Read more →
Bulletins
Defined Benefit Pension Scheme Reform
The BHS Scheme saga rumbles on. Meanwhile, the Department for Work and Pensions has published a ‘Green Paper’ for consultation on reform of defined benefit pensions, entitled ‘Security and Sustainability… Read more →
Bulletins
HMRC v Staveley, Upper Tribunal decision, January 2017
The Upper Tribunal has recently given its decision in an interesting case concerning inheritance tax (“IHT”) and pension schemes. The case turned on very specific facts, including importantly, that the… Read more →
Bulletins
RPI/CPI: RPI, or new Chapter?
Relief for members and disappointment for employers: on 2 November 2016 the Court of Appeal upheld the High Court decision in Buckinghamshire v Barnardo’s, thus precluding the Barnardo’s scheme trustees… Read more →
Bulletins
Rocket or damp squib? Government consults once again on GMP sex equality
Having consulted on draft Regulations in 2012, DWP has now issued a further Consultation proposing a new approach and method for GMP equalisation. This article considers whether the new proposals… Read more →
Bulletins
Protecting a bankrupt’s pension: Horton v Henry, Court of Appeal 7/10/2016
Good news for debtors but disappointing for creditors: the Court of Appeal has decided, in its recent Horton v Henry decision, that a bankrupt individual’s pension rights cannot be exercised… Read more →
Bulletins
Court of Appeal denies Barnardo’s permission to switch from RPI to CPI
The Court of Appeal has declared that trustees of the Barnardo’s pension scheme cannot switch its indexed linked payments from the Retail Price Index (RPI) to the Consumer Price Index… Read more →
Bulletins
US Acquisitions in the UK – how to manage UK pension risks
US owners or would be owners of UK companies should take extra care in the case of a UK defined benefit pension scheme (“DB Scheme”), sometimes known as a ‘final… Read more →
Bulletins
Parliamentary Select Committee enquiry into defined benefit pension schemes: Show-stopper or damp-squib?
Introduction Not content with its Report on the BHS Scheme (issued on the 20 July 2016) the Parliamentary Select Committee (the Committee) announced on 8 August 2016 a wide ranging… Read more →
Bulletins
Brexit – Implications for pension schemes
Much of EU source UK pensions law is sensible and at most should need minor adjustment. Broadly speaking the following areas are in this category (but see below re GMPs… Read more →
Bulletins
Secondary Annuity Market – pipedream or reality?
Stuck with an annuity or deferred annuity? Don’t worry, help is close at hand. From April 2017, you can sell your right to income for a capital amount! This is… Read more →
Bulletins
Pensions Ready Reckoner – March 2016
A recap of latest developments in the ever-changing world of occupational pension schemes. PARLIAMENT Topic Legislation Budget – 16 March 2016 Key pension tax changes in the Chancellor’s… Read more →
Bulletins
This miscellany of proposed changes from April 2016 is a can of worms…
“Miscellaneous” amendment regulations are often tidying up exercises and of no great consequence. However the DWP’s recent consultation on its proposed Miscellaneous Amendments Regulations 2016 are a different kettle of… Read more →
Bulletins
The Pensions Ombudsman and the Courts – uneasy bedfellows?
Even though the first Pensions Ombudsman took office as long ago as 1990, the relationship between the Pensions Ombudsman and the Courts remains work in progress. History Essentially there has… Read more →