Elizabeth Ovey

Barrister, Radcliffe Chambers

Elizabeth has a general Chancery practice with particular emphasis on pensions (developing from the trust side of her practice) and on retail financial services (developing from an early specialisation in building society law). She also does a considerable amount of professional negligence work in these areas and other areas in which a Chancery background is of assistance.

Her first substantial involvement in pensions law came when she was instructed in relation to a small miners’ pension scheme during the days of the miners’ strikes in the 1980s and she has done an increasing amount of pensions work since those days. She is a contributing editor of Halsbury’s Laws vol. 80 (Personal and Occupational Pensions) (2020). She is now on the Lexis PSL pensions section editorial board and is a contributor to Lexis PSL through a series of practice notes on various aspects of discrimination and occasional case analysis.

Her financial services work involves in particular constitutional matters relating to mutual societies, regulatory issues and drafting standard terms and conditions to comply with the developing requirements relating to unfair contract terms. She is a joint editor of Wurtzburg and Mills on Building Society Law (looseleaf edition) and a co-author of Retail Mortgages: Law, Regulation and Procedure (2013).

A particular highlight of her professional negligence practice was a trip to the House of Lords in Johnson v Gore Wood [2002] 2 AC 1.

She continues to deal with other Chancery matters.

She sits as a fee-paid judge of the Upper Tribunal.

Contributed to

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For purposes of the cash equivalent transfer values (CETV) legislation, at what point is a member ‘no

Q&A

This Q&A explores whether there can be a statutory right to transfer if a personal pension scheme allows for the making of ad hoc contributions.

Pensions

Is an HM Land Registry transfer required when transferring a property from one Self-Invested Personal

Q&A

Self-invested Personal Pension—Land registry obligations when transferring a property from one Self-Invested Personal Pension to another where the registered proprietor is the same trustee company.

Private Client

The deceased left the residue of their estate to a particular branch of a charity. The branch no longer

Q&A

This Q&A considers the scenario where the residue of an estate is left to a branch of a charity that no longer exists at the date of death. It considers, in particular, whether the executors may rely on a clause in the Will allowing them to give the residue to a similar charity at their discretion or whether it will be necessary for the executors to approach the Charity Commission.

Private Client

Where a customer requests a redemption statement either by telephone or via an online portal for a CCA

Q&A

This Q&A considers whether there are any requirements for how a redemption figure/statement should be presented where a customer requests a redemption statement either by telephone or via an online portal for a CCA loan secured over land and particularly, whether there is a requirement to calculate the redemption figure for 28 days in the future unless the customer requests a later date.

Financial Services

Where there is a SSAS in operation and all members are trustees what happens if one or more of the

Q&A

This Q&A considers options available to a SSAS when one of its trustees loses capacity or is not otherwise willing to act as a trustee.

Pensions

Age discrimination: the pension exceptions and when they apply—checklist

Checklists

Considerations for trustees and managers•Trustees and managers of occupational pension schemes should:◦check whether the scheme has been amended to comply with the statutory framework prohibiting age discrimination, taking account of the exceptions in the Age Exceptions Order, SI 2010/2133◦if the scheme has not been amended to comply with age discrimination legislation, consider whether any amendments are required, taking account of the exceptions◦when a length of service criterion disadvantages a member who has more than 5 years’ service, put in place procedures to ask for confirmation

Pensions

Objective justification for pension lawyers—checklist

Checklists

•For trustees and managers of occupational pension schemes:◦Ensure that the provisions, criteria and practices (PCPs) of the scheme have been reviewed to ensure compliance with the non-discrimination rule.◦If a PCP is prima facie discriminatory and does not appear to fall within an exemption, raise the question of whether there is an objective justification with the employer.◦Be aware of the general approach taken by courts and tribunals to the objective justification defence. Do not accept as sufficient response generalisations or stereotypical thinking.◦If necessary, consider whether the power of amendment

Pensions

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