Disputes and litigation

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Practice notes
Interaction with the additional State pensionBefore 6 April 2016, there were two levels of State pension provision:•the basic State pension—this was a...
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9th Nov
Practice notes
The power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of sections 25B–25D of the...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 12th Jan
Practice notes
The Electricity Supply Pension Scheme (‘ESPS’) is a trust-based scheme established by the Electricity Council by a resolution dated 20 January 1983 as...
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Produced in partnership with Gary Delderfield of Eversheds Sutherland 12th Jan
Practice notes
This guide is primarily aimed at trainees, newly qualified lawyers and other persons who are new to or unfamiliar with pensions law.THIS PRACTICE NOTE...
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Produced in partnership with Wyn Derbyshire of gunnercooke LLP 12th Jan
Practice notes
This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in preparation...
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9th Nov
Practice notes
Bridging pensions—backgroundBridging pensions are a form of pension provided by some (but not all) defined benefit occupational pension schemes in...
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Produced in partnership with Wyn Derbyshire of gunnercooke LLP 12th Jan
Practice notes
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...
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Produced in partnership with Kate Davenport QC of Outer Temple Chambers and Adele Isaacs of Bankside Chambers 12th Jan
Practice notes
THIS PRACTICE NOTE APPLIES IN RELATION TO OCCUPATIONAL PENSION SCHEMESThis Practice Note applies to business sales which are subject to the Transfer...
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Produced in partnership with Ginevra Gatrell of gunnercooke LLP 12th Jan
Precedents
Option 1—deed executed by a company under its common seal (model articles, where the authorised signatory is an...
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9th Nov
Practice notes
THIS PRACTICE NOTE APPLIES IN RELATION TO DEFINED BENEFIT OCCUPATIONAL PENSION SCHEMESThis Practice Note looks at the alternative methods available to...
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9th Nov
Practice notes
THIS PRACTICE NOTE APPLIES TO PERSONAL PENSION SCHEMES This Practice Note looks at the disclosure requirements that were applicable to trustees (or...
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9th Nov
Practice notes
Pension loss will generally only arise in cases where an individual has lost their job and the pension provision that went with that job. An...
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Produced in partnership with Keith Bryant QC of Outer Temple Chambers. 12th Jan
Precedents
Date: [insert date](1)[Name of Former Principal Employer](2)[Names of Trustees](3)[Name of the New Principal Employer]Deed of Substitution of...
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Produced in partnership with Blake Morgan LLP 12th Jan
Precedents
Month means a calendar month; Close This is a suggested definition for the term 'month', which...
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9th Nov
Practice notes
The conceptIt used to be the case that contracted-out salary-related (COSR) schemes could revalue a deferred member's guaranteed minimum pension (GMP)...
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Produced in partnership with Peter White 12th Jan
Precedents
The following pension clauses set out the pensions information to be included in an employment contract, depending on the type of...
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Produced in partnership with Wyn Derbyshire of gunnercooke LLP 12th Jan

Most recent Disputes and litigation content

Practice notes
The need for rectificationMistakes all too often arise when drafting pension scheme documentation, amending them and/or recording the exercise of...
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Produced in partnership with Oliver Hilton of Radcliffe Chambers 16th Apr
Practice notes
This Practice Note primarily relates to the compromise of disputes relating to occupational pension schemes in England and Wales. It does not address...
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Produced in partnership with Wyn Derbyshire of gunnercooke LLP 9th Apr
Practice notes
THIS PRACTICE NOTE APPLIES IN RELATION TO OCCUPATIONAL PENSION SCHEMESThe legal framework for an occupational pension scheme’s internal dispute...
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9th Apr
Practice notes
THIS PRACTICE NOTE APPLIES IN RELATION TO OCCUPATIONAL AND PERSONAL PENSION SCHEMESDisputes in relation to a pension schemes can take various forms....
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Produced in partnership with Wyn Derbyshire of gunnercooke LLP 9th Apr
Practice notes
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...
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Produced in partnership with David Gallagher of Fieldfisher 9th Apr
Practice notes
What are limitation periods?Broadly, a limitation period specifies a time limit within which:•legal proceedings of a particular kind must be brought,...
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Produced in partnership with Victoria Brown of Outer Temple Chambers 9th Apr
Practice notes
Development of the doctrine of estoppelEstoppel is the general term frequently given to the equitable doctrine which (broadly speaking) provides that...
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Produced in partnership with Wyn Derbyshire of gunnercooke LLP 9th Apr
Practice notes
Pension scheme disputes—jurisdictions for resolutionThere are three jurisdictions in which disputes relating to pension schemes can be determined and...
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Produced in partnership with Oliver Hilton of Radcliffe Chambers 9th Apr
Practice notes
This Practice Note looks at the evolution of case law determining the extent to which trustees of a trust, including an occupational pension scheme,...
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Produced in partnership with David Gallagher of Fieldfisher 9th Apr
Practice notes
This practice note considers the key cases in the rectification of pension scheme documents. While some of the principles have become clear and have...
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Produced in partnership with David Gallagher of Fieldfisher 9th Apr
Practice notes
Pensions litigation is often complex and costly, involving numerous parties, raising many and varied issues and ultimately concerning substantial sums...
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Produced in partnership with Oliver Hilton of Radcliffe Chambers 9th Apr
Practice notes
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...
Read More >
Produced in partnership with Kate Davenport QC of Outer Temple Chambers and Adele Isaacs of Bankside Chambers 9th Apr
Practice notes
This guide is primarily aimed at trainees, newly qualified lawyers and other persons who are new to or unfamiliar with pensions law.Disputes in...
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Produced in partnership with Wyn Derbyshire of gunnercooke LLP 7th Apr
Practice notes
THIS PRACTICE NOTE APPLIES TO ALL PENSION SCHEMESRunning a pension scheme can be a particularly challenging and onerous task for pension scheme...
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Produced in partnership with Oliver Hilton of Radcliffe Chambers 3rd Mar
Practice notes
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...
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Produced in partnership with Gus Baker of Outer Temple Chambers 3rd Mar
Practice notes
The general principlesIn an ideal world the language and provisions of contracts, deeds and other documentation would not be ambiguous, avoiding any...
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Produced in partnership with Jennifer Seaman and Elizabeth Grace of Outer Temple Chambers 2nd Mar
Practice notes
When is privilege relevant?Privilege is the fundamental human right, long established by common law, to withhold/resist/object to the compulsory...
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Produced in partnership with Oliver Hilton of Radcliffe Chambers 24th Feb
Q&As
A pension scheme set up under trust does not have an individual legal personality (eg pension scheme assets are held not by the scheme, but by the...
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15th Feb

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