Disputes and litigation

Disputes and litigation guidance:

The need for rectification Mistakes all too often arise when drafting pension scheme documents, amending them and/or recording the exercise of trust powers. Self-help is...

Practice Note

When trustees are engaged in trust litigation, issues often arise as to how their litigation costs are to be funded. A Beddoe application is the best way of ensuring that...

Practice Note

This Practice Note primarily relates to the compromise of disputes relating to occupational pension schemes in England and Wales. It does not address issues relating to...

Practice Note

Pension scheme disputes—jurisdictions for resolution There are three jurisdictions in which disputes relating to pension schemes can be determined and resolved, each with...

Practice Note

Development of the doctrine of estoppel Estoppel is the general term frequently given to the equitable doctrine which (broadly speaking) provides that if a person (person...

Practice Note

The doctrine of estoppel has been described as ‘one of the most flexible and useful in the armoury of the law’ by Lord Denning MR. Estoppel is a wide term used to...

Practice Note

THIS PRACTICE NOTE APPLIES TO DEFINED BENEFIT (DB) AND DEFINED CONTRIBUTION (DC) ARRANGEMENTS Scope of IDRP Pension scheme trustees have a duty to establish, run and...

Practice Note

What are limitation periods? Broadly, a limitation period specifies a time limit within which: • legal proceedings of a particular kind must be brought, or • notice of a...

Practice Note

THIS PRACTICE NOTE APPLIES IN RELATION TO OCCUPATIONAL AND PERSONAL PENSION SCHEMES Disputes in relation to a pension schemes can take various forms. Depending on the...

Practice Note

This guide is primarily aimed at trainees, newly qualified lawyers and other persons who are new to or unfamiliar with pensions law. Disputes in relation to pension...

Practice Note

THIS PRACTICE NOTE APPLIES TO ALL PENSION SCHEMES Running a pension scheme can be a particularly challenging and onerous task for pension scheme trustees, especially in...

Practice Note

When is privilege relevant? Privilege is the fundamental human right long established by common law to withhold/resist/object to the compulsory giving of information or...

Practice Note

This practice note considers the key cases in the rectification of pension scheme documents. While some of the principles have become clear and have been broadly accepted...

Practice Note

What is CPR Part 8? A claimant may use the CPR Part 8 procedure to seek ‘the court’s decision on a question which is unlikely to involve a substantial dispute of fact’,...

Practice Note

The general principles In an ideal world the language and provisions of contracts, deeds and other documentation would not be ambiguous, avoiding any misunderstanding or...

Practice Note

This Practice Note looks at the evolution of case law determining the extent to which trustees of a trust, including an occupational pension scheme, can set aside...

Practice Note