With over 25 years experience of pension law including developing the Wedlake Bell pensions team, Clive's pensions experience is extremely wide. Recent work has involved Clive in discussions with the Pensions Regulator on various matters including in relation to an historical ETV exercise, and advising employers and trustees concerning compliance, choices and scheme amendments under the new pension legislation.
Over the last few years Clive has advised frequently on the effect of the debt regulations on employers exiting defined benefit schemes, and trustee powers to obtain further contributions from employers. Other frequent areas of advice include the proper exercise of trustee powers of alteration and employers' obligations towards the scheme membership, pension issues on divorce, member trustee requirements, confidentiality of trustee proceedings, trustee conflicts of interest, pension aspects of corporate transactions, part-timer claims and Pensions Ombudsman disputes.
Clive also has extensive experience of advising on scheme conversions, the new tax regime for occupational pension schemes and SIPPs, advising in relation to small self-administered pension schemes and on trustee third party agreements with scheme administrators, investment managers and actuarial appointments.
This Practice Note considers the principles underlying an employer’s implied duty of trust and confidence (also known as the implied duty of good faith) and looks at how those principles (eg reasonable expectations) apply in practice. This includes consideration of the key cases in this area, including Imperial Group Pension Trust v Imperial Tobacco, Prudential Staff Pensions v The Prudential Assurance Company, Bradbury v BBC, IBM v Dalgleish.
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