The complex and historic nature of UK Pensions law invariably results in disputes. We use our expertise and insight to provide sensible solutions in all kinds of situations.
Our Pensions & Employee Benefits team advises on all types of pension disputes – ranging from initial complaints under a pension scheme’s Internal Dispute Resolution Procedure (“IDRP”) to matters heard by the Pensions Ombudsman or in the High Court.
We understand that pension provision can be an emotive issue for members. Disputes can arise over the interpretation of documents, drafting errors, contractual obligations or failure to adhere to policy documents and legislation. That’s why we combine technical expertise and commercial thinking to offer sensible and thoughtful solutions that perfectly match our clients’ needs.
Avoiding costly litigation is a priority . We help corporate sponsors and trustees mitigate this through a combination of pragmatic advice, skilled negotiation and careful communication.
We also have experience of various different dispute resolution forums that seek to avoid matters ending up in the Courts.
- IDRP cases on a range of matters including disputes as to pension sharing on divorce, death benefits, dependants' pensions, incapacity pensions and scheme overpayments
- Disputes arising on a scheme merger between transferring and receiving schemes on benefits payable and funding levels
- Pension issues on termination of employment for a number of executive directors of a food manufacturing business
- Damages claims against previous advisers.
- High court proceedings for restructuring pension schemes.
Pensions Ready Reckoner
Clive Weber, Consultant, Pensions & Employee Benefits Team. Please contact Clive with any queries on this Ready Reckoner. PARLIAMENT Effective Date Effect Recent Acts Finance Act 2022 6 April 2022… Read more →
Part 1 – Transfer Regulations – do they provide enough protection?
We are seeing a significant increase in the number of member complaints against trustees relating to pension scams. There is no doubt that these scams can be devastating to members… Read more →
PART 4 – Calculating the Investment Loss on Delays to Scheme Transfers
We are increasingly seeing issues around how investment loss is calculated where there are delays in transferring a pension from one provider to another when pension transfers haven’t gone according… Read more →
PART 6 – PENSIONS READY RECKONER
PARLIAMENT Recent Legislation Date Effect Pensions Schemes Act 2021 Royal Assent 11/02/2021 The Act applies in stages once ancillary Regulations have been made and brought into effect in October 2021… Read more →
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 →
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 →
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 →
PART 2 – Rectification of errors in your scheme documents – Univar v Smith
We often receive initial approaches by companies or trustees who are involved with final salary pension schemes who are concerned that there is a disconnect between two or three of… Read more →
Part 5 – COVID – 19 and death benefits – A case study
Many cases will be straightforward – lump sum benefits are usually paid to spouses or children of the deceased in accordance with up to date expression of wish forms. In… Read more →
Part 4 – Problems with Self-Invested Personal Pensions: SIPPing from a poisoned chalice?
A series of recent cases in the Upper Tribunal, the High Court and from the Financial Ombudsman Service have highlighted some potential concerns for members and providers of self-invested personal… Read more →
British Airways’ Pensions
British Airways’ pension arrangements are in the news yet again. After much-publicised High Court proceedings over indexation of pension increases under the Airways Pension Scheme (essentially relating to the trustee’s… Read more →
Streamlining how disputes are dealt with
As the legal adviser to many trustee boards and many employer bodies alike we see it as part of our job to help keep our clients away from complaints and… Read more →
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 →
Ombudsman gets tough on poor administration
The Pension Ombudsman has directed that a professional trustee company pay £2,000 to compensate a member for the significant distress and inconvenience caused by its maladministration in relation to a… Read more →