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Contributions by Radcliffe Chambers Experts

48

Age discrimination for pension lawyers
Practice Note

This Practice Note covers the statutory framework for age discrimination and explains the distinction between direct and indirect discrimination and the requirement for a comparator. This Practice Note also considers the extent to which the age discrimination framework applies to pensions, including what statutory exceptions are in place, the consequences of age discrimination and the impact of the abolition of the default retirement age.

Age discrimination—the pension exceptions and when they apply
Practice Note

There are three categories of pension exceptions that have been worked into the statutory framework for age discrimination: exceptions relating to length of service, exceptions that apply to occupational pension schemes and exceptions that apply to personal pension schemes. This Practice Note looks into these exceptions. In particular, it considers the legal status of those exceptions and explains what each exception is.

Amending mistakes and rectification in pensions
Practice Note

This Practice Note focuses on rectification. It explains why rectification may be required in the context of pension documentation (eg trust deed and rules) and the circumstances in which the courts will order rectification. This note considers the evidence the courts will look for before rectifying a document, the procedure for making a rectification claim, the identity of the potential parties to the action and the merits of making such a claim.

Charity trustees—duties and liabilities
Practice Note

This Practice Note written by Francesca Quint of Radcliffe Chambers deals with the various duties that trustees of a charity have to comply with. Some suggestions of limiting trustees' liability are also discussed.

Costs and pensions litigation
Practice Note

This Practice Note sets out the general principles relating to costs as they apply to pension scheme dispute resolution by the courts, the Pensions Regulator and the Pensions Ombudsman. In particular, in relation to the courts, it looks at trustees’ right of indemnity, the treatment of costs in each type of litigation in which trustees might become involved, costs protection for trustees, Beddoes applications and prospective costs orders. This Practice Note also covers the treatment of costs by the Pensions Regulator and the Pensions Ombudsman.

Discretionary decisions—what must pension trustees do?
Practice Note

This Practice Note covers the key legal principles that trustees must follow when exercising a trustee discretion under the rules of a pension scheme and how they can avoid potential challenges to the exercise of their discretionary powers. In particular, the Practice Note looks at the considerations for trustees when dealing with an application for early retirement on the grounds of ill-health or when deciding how to exercise their discretion to pay lump sum death benefits.

Equalisation and Barber—the pension implications
Practice Note

This Practice Note explains the basic sex equalisation principles imposed by European law and how these were brought into domestic pensions law via the Barber case. This Practice Note also looks into the practical implications of the Barber case and other later equalisation cases, including Ten Oever, Coloroll, Trustee Solutions v Dubery, Hodgson v Toray Textiles, Bestrustees v Stuart, Harland & Wolff Pension Trustees v Aon Consulting Financial Services, and Safeway v Newton.

Equalisation of guaranteed minimum pensions (GMPs)
Practice Note

This Practice Note covers the equalisation issues surrounding guaranteed minimum pensions (GMPs), including the intrinsic inequality of GMPs, the position taken by the government and the High Court in the case Lloyds Banking Group Pensions Trustees Limited v Lloyds Bank plc, the way in which arguments against GMP equalisation were addressed, the legislative problems surrounding GMP equalisation, pre-Lloyds case law, the possible GMP equalisation methods, the approach taken for public sector schemes and schemes in the Pension Protection Fund.

Equalisation problems in practice—the key cases for pension lawyers
Practice Note

This Practice Note considers the courts’ approach to certain sex equalisation / Barber issues involving mixed retirement ages, non-compliance with the terms of the power of amendment and contractual promises made outside a pension scheme. The cases considered include Trustee Solutions v Dubery (also known as Cripps v Trustee Solutions), Foster Wheeler v Hanley, BESTrustees v Stuart, Capital Cranfield Trustees v Beck, Premier Foods Group Services v RHM Pension Trust, HR Trustees v Wembley, Re Sea Containers (in liquidation), Smith v Avdel Systems, Harland & Wolff Pension Trustees v Aon Consulting Financial Services, Safeway v Newton, and Archer v Travis Perkins.

Fixed-term workers—discrimination issues relating to pensions
Practice Note

This Practice Note considers pension discrimination issues relating to fixed-term employees under the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002, including the persons to whom the Regulations apply, how the Regulations operate and how employees can enforce their rights.

Other Work
Appeals against determinations of the Pensions Ombudsman

This Practice Note looks at the issues relevant (including procedural and timing issues) when appealing a determination of the Pensions Ombudsman. As appeals can only be made on a point of law, it compares a point of law from a point of fact and also considers the potential for judicial review.

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