Disputes and litigation

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Pensions law and the running of pension schemes can be a complex area. The combination of complex black-letter law and layers of regulation combined with a fragile economic climate and widespread pension fund deficits has produced a environment prone to mistakes, blame and litigation.

The requirement for schemes to have a formal internal dispute resolution procedure encourages the resolution of disputes internally before consideration of external, independent forums such as the Pensions Ombudsman and the courts, which have a long backlog of pending cases. However, in some instances, recourse to the courts is unavoidable and necessary.

For further information on the Pensions Ombudsman, see Practice Notes: Making a complaint to the Pensions Ombudsman—what is involved? and The Pensions Ombudsman—when should he be used and what are his powers?

Dealing with and compromise of pension scheme disputes

Disputes in relation to a pension schemes can take various forms. Depending on the type of scheme in question and the relevant facts, they can be potentially pursued through a number of different avenues. For further information on the various ways in which pensions disputes may arise in respect of occupational

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Latest Pensions News

Joint regulatory VFM proposals aim to improve transparency and comparability in DC pension schemes

The Pensions Regulator (TPR) and the Financial Conduct Authority (FCA) have published a joint regulatory consultation and consultation response in CP26/1 setting out how a new value for money (VFM) framework could operate consistently across defined contribution (DC) workplace pensions. The proposals are designed to move the industry away from narrow cost-based assessments and towards a more holistic and comparable evaluation of the value delivered to pension savers in both trust-based and contract-based schemes. The proposed framework is intended to enable trustees, providers and governance bodies to assess the long-term performance of DC pension schemes for savers, improving transparency and competition by making it clearer which schemes deliver good value, and which do not, and supporting better retirement outcomes. The FCA has also published its response to feedback on its earlier consultation CP24/16 and the new consultation on revised detailed rules and guidance for contract-based schemes are to be implemented through the FCA Handbook. For trust-based schemes, where the Department for Work and Pensions (DWP) will legislate for the framework through the Pension Schemes Bill currently before Parliament, CP26/1 serves as discussion paper intended to gather timely input from the industry to help shape the detailed regulations and guidance that DWP and TPR are set to develop. The deadline for responding to consultation CP26/1 is 8 March 2026.

Pensions weekly highlights—8 January 2026

This week’s edition of Pensions weekly highlights includes a review of key news stories, as well as dates for your diary and trackers.

PDP issues call for feedback on industry working group proposals to shape delivery of private sector dashboards

The Pensions Dashboards Programme (PDP) has launched a call for feedback on proposals to adapt the industry participant approach used for connecting pension providers and schemes to the Central Digital Architecture (CDA) to support the delivery of private sector dashboards (PSDs). In particular, the PDP is seeking views on whether a collaborative model, involving a defined group of industry participants working closely with the PDP team, can help shape the processes, standards and support needed for dashboards developed and operated in the private sector. The PDP also envisages a PSD working group that goes beyond pure connection issues and supports the iteration of standards, development of guidance, refinement of end-to-end processes and testing of full dashboard journeys, including user experience. Responses to the request for feedback questions to help shape how this engagement model is taken forward are sought by 10 February 2026.

ICSWG publishes climate investing framework to support sustainable investment decisions and real-economy outcomes

The Investment Consultants Sustainability Working Group (ICSWG) has published a new climate investing framework to help investors evolve climate strategies from portfolio decarbonisation towards ‘real-world’ outcomes. The framework responds to concerns that current decarbonisation-focused approaches, such as investing in low-carbon assets, may not protect portfolios from wider financially-material systemic risks linked to climate change. It aims to support more complex investment decision-making as investors’ understanding of climate change and its development increases.

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