The following Pensions practice note Produced in partnership with Oliver Hilton of Radcliffe Chambers provides comprehensive and up to date legal information covering:
There are three jurisdictions in which disputes relating to pension schemes can be determined and resolved, each with its own rules on costs:
the Pensions Regulator
the Pensions Ombudsman
Since occupational pension schemes are generally constituted by trusts subject to supervision under the court’s inherent jurisdiction, many matters are brought before the Chancery Division of the High Court (assigned to the Pensions Sub-List of the Business (ChD) List of the Business and Property Courts of England and Wales) by the trustees, scheme employer or beneficiaries to resolve issues concerning the construction or administration of the trusts of the scheme.
Other disputes which involve a pension scheme may also be brought in the courts.
The Pensions Regulator has a wide role in the supervision of pensions, and can take a more proactive, interventionist approach towards employers, trustees and associated persons in order to protect pension scheme funds.
For further information on the Pensions Regulator, see The Pensions Regulator—overview.
The role of the Pensions Ombudsman is particularly important in resolving individual disputes brought by members.
For further information on the Pensions Ombudsman, see Internal dispute resolution and The Pensions Ombudsman—overview.
In order to understand the issue of costs in relation to pension schemes, it is first necessary to appreciate the right of indemnity that applies as regards a
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border
Defending a tort claim—general considerationsIn reality, many claims are ‘defended’ on the basis that the defendant either did not owe the claimant a duty, or there was no breach of duty or there was a break in the chain of causation.In each of those cases, the claimant has failed to establish that
This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
This Practice Note provides guidance on the SRA Codes of Conduct, contained in the SRA Standards and Regulations, in force from 25 November 2019. The SRA Standards and Regulations include two Codes of Conduct—a Code forSolicitors, RELs and RFLs and a Code for Firms. The Standards and Regulations
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.