Disputes, discrimination and divorce

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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, discrimination and divorce content

Practice notes
Objective justification is a phrase most often encountered as shorthand for the process of showing that a provision, criterion or practice (PCP),...
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Produced in partnership with Elizabeth Ovey of Radcliffe Chambers 2nd Feb
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 1st Feb
Practice notes
This Practice Note contains references to case law of the Court of Justice of the European Union. Broadly, EU judgments handed down on or before 31...
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Produced in partnership with Elizabeth Ovey of Radcliffe Chambers 28th 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 guide...
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Produced in partnership with Wyn Derbyshire of gunnercooke LLP 28th Jan
Precedents
In the Family CourtSitting at [court name]No: [case number][The Matrimonial Causes Act 1973ORThe Civil Partnership Act 2004ORThe Child Support Act...
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27th Jan
Practice notes
This Practice Note contains references to case law of the Court of Justice of the European Union. Broadly, EU judgments handed down on or before 31...
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Produced in partnership with Elizabeth Ovey of Radcliffe Chambers 22nd Jan
Practice notes
What is objective justification?Under the Equality Act 2010 (EqA 2010), there is prima facie indirect discrimination if A applies a provision,...
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Produced in partnership with Elizabeth Ovey of Radcliffe Chambers 22nd Jan
Practice notes
Exceptions for age discrimination under the Equality Act 2010The general non-discrimination rule for occupational pension schemes in the section 61 of...
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Produced in partnership with Elizabeth Ovey of Radcliffe Chambers 22nd Jan
Practice notes
FORTHCOMING DEVELOPMENT: On 20 July 2020, a written ministerial statement was made announcing that changes will be made to the Teachers’ Pension...
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22nd Jan
Practice notes
This Practice Note explains what a pension sharing order is within family proceedings and sets out which pension interests can be shared and which...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 17th Jan
Practice notes
On proceedings for judicial separation the court has the power to redistribute the benefits derived from pension resources between the parties...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 17th Jan
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 17th Jan
Practice notes
The Pension Protection Fund (PPF) was set up by the Pensions Act 2004 (PeA 2004) as a statutory fund to pay compensation to members of certain...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 17th Jan
Practice notes
Unlike pension sharing orders, there is no complex implementation process for pension attachment orders, see: Pensions—financial remedy...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 17th Jan
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 17th Jan
Practice notes
Standard financial orders, including in relation to pensions, have been issued as part of the standard orders project, see Practice Note: Standard...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 17th Jan
Practice notes
On 17 May 1990 the European Court of Justice decided, in Barber v Guardian Royal Exchange [1990] 2 All ER 660, that men and women’s entitlement to...
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Produced in partnership with Elizabeth Ovey of Radcliffe Chambers 16th Jan
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 16th Jan
Practice notes
This Practice Note provides a high-level summary of pension sharing orders on divorce in Scotland as they relate to defined benefit pension schemes....
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Produced in partnership with Claire Miller of Pinsent Masons 16th Jan
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 Jan

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