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PRACTICE NOTES
Case trackers—pensions The LexisNexis® Pensions practice area contains the following case trackers: Forthcoming case tracker For a list of forthcoming cases that are key to pensions, see: • Case tracker—forthcoming cases—pensions 2026 case trackers For a list of significant pensions judgments that were handed down in 2026 (arranged by date), see: • Case tracker—2026 pensions judgments • Case tracker—2026 auto-enrolment pensions judgments 2025 case trackers For a list of significant pensions judgments that were handed down in 2025 (arranged by date), see: • Case tracker—2025 pensions judgments • Case tracker—2025 auto-enrolment pensions judgments Older case trackers For a list of significant pensions judgments that were handed down before 2025, see: • Case tracker—2024 pensions judgments—by topic [Archived] • Case tracker—2024 pensions judgments—by date [Archived] • Case tracker—2024 auto-enrolment pensions judgments [Archived] • Case tracker—2023 pensions judgments—by topic
PRACTICE NOTES
ARCHIVED: This case tracker has been archived and is not maintained. It contains a list of significant pensions judgments handed down in 2017. The entries in this tracker are organised by topic. These topics are listed in the Table of Contents (to the left of the page). 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 December 2020 continue to be binding on UK courts and tribunals (even if the EU courts later depart from them) until the UK courts exercise their powers to diverge. For the most part, EU case law made after that date is not binding on the UK, although the UK courts and tribunals may continue to ‘have regard to’ EU judgments if relevant. For more detailed information on the treatment of EU case law, see Practice Note: Retained EU law and assimilated law. The employment relationship and pensions University of Sunderland v Drossou Case information: • Full name: University of Sunderland v Ms K Drossou
PRACTICE NOTES
ARCHIVED: This case tracker has been archived and is not maintained. It contains a list of significant pensions judgments handed down in 2018. The entries in this tracker are organised by topic. These topics are listed in the Table of Contents (to the left of the page). This tracker contains references to case law of the Court of Justice of the European Union. Broadly, EU judgments handed down on or before 31 December 2020 continue to be binding on UK courts and tribunals (even if the EU courts later depart from them) until the UK courts exercise their powers to diverge. For the most part, EU case law made after that date is not binding on the UK, although the UK courts and tribunals may continue to ‘have regard to’ EU judgments if relevant. For more detailed information on the treatment of EU case law, see Practice Note: Retained EU law and assimilated law. Contracting-out Lloyds Banking Group Pensions Trustees v Lloyds Bank Case information: • Full case name: Lloyds Banking Group Pensions Trustees Limited v Lloyds Bank
PRACTICE NOTES
This case tracker displays the current status of, and most recent developments in, key cases relevant to corporate practitioners where the judgment was handed down, or was expected to be handed down, in 2018. It covers key cases before the High Court, Court of Appeal, the Supreme Court and the Court of Justice of the European Union. It is not intended to be an exhaustive list of cases heard in 2018. This case tracker is split into two parts: • ongoing cases, ie those that are subject to appeal, and • recent cases, ordered with the most recent first Ongoing cases Case Citation Court Subject Status and background Further information Frederick (Appellants) v Positive Solutions (Financial Services) Ltd (Respondent) [2018] EWCA Civ 431 Supreme Court (UKSC 2018/0067) Tort—vicarious liability of a principal for agent—existence of direct duty of care Permission to appeal to the Supreme Court granted on 31 July 2018. Awaiting hearing.A company (PS Ltd) was a financial advisor that appointed an agent (Warren) to introduce business to it. Warren submitted applications for loans
PRACTICE NOTES
ARCHIVED: This case tracker has been archived and is not maintained. It contains a list of significant pensions judgments handed down in 2019 organised by date. The entries in this tracker are organised by date and can be navigated via the Table of Contents to the left of the page. 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 December 2020 continue to be binding on UK courts and tribunals (even if the EU courts later depart from them) until the UK courts exercise their powers to diverge. For the most part, EU case law made after that date is not binding on the UK, although the UK courts and tribunals may continue to ‘have regard to’ EU judgments if relevant. For more detailed information on the treatment of EU case law, see Practice Note: Retained EU law and assimilated law. For a list of significant pensions judgments handed down in 2019 organised by topic, see:
PRACTICE NOTES
ARCHIVED: This case tracker has been archived and is not maintained. It contains a list of significant pensions judgments handed down in 2019 organised by topic. The entries in this tracker are organised by topic. These topics are listed in the Table of Contents (to the left of the page). This tracker contains references to case law of the Court of Justice of the European Union (CJEU) . Broadly, EU judgments handed down on or before 31 December 2020 continue to be binding on UK courts and tribunals (even if the EU courts later depart from them) until the UK courts exercise their powers to diverge. For the most part, EU case law made after that date is not binding on the UK, although the UK courts and tribunals may continue to ‘have regard to’ EU judgments if relevant. For more detailed information on the treatment of EU case law, see Practice Note: Retained EU law and assimilated law. For a list of significant pensions judgments handed down in 2019 organised by
PRACTICE NOTES
This case tracker displays the current status of, and most recent developments in, key cases relevant to corporate practitioners where the judgment was handed down, or is expected to be handed down, in 2019. It covers key cases before the High Court, Court of Appeal, the Supreme Court and the Court of Justice of the European Union. It is not intended to be an exhaustive list of cases heard in 2019. This case tracker is split into two parts: • ongoing cases, ie those that are subject to appeal, and • recent cases, ordered with the most recent first Ongoing cases Case Citation Next court Subject Status and background Further information United Company Rusal plc (a company incorporated in Jersey) v Crispian Investment Ltd (a company incorporated in Cyprus) and another [2018] EWHC 2415 (Comm) Court of Appeal Contract—shareholder’s agreement Permission to appeal to the Court of Appeal granted on 20 February 2019. Hearing expected by 18 November 2019.The first defendant shareholder gave notice to two other shareholders in a company (those shareholders being the
PRACTICE NOTES
ARCHIVED: This case tracker has been archived and is not maintained. It contains a list of significant pensions judgments handed down in 2020 organised by topic. The entries in this tracker are organised by date and can be navigated via the Table of Contents to the left of the page. 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 December 2020 continue to be binding on UK courts and tribunals (even if the EU courts later depart from them) until the UK courts exercise their powers to diverge. For the most part, EU case law made after that date is not binding on the UK, although the UK courts and tribunals may continue to ‘have regard to’ EU judgments if relevant. For more detailed information on the treatment of EU case law, see Practice Note: Retained and assimilated case law. December 2020 Case details Citations Further information Re Brooklands Trustees / Secretary of State for Business and
PRACTICE NOTES
ARCHIVED: This case tracker has been archived and is not maintained. It contains a list of significant pensions judgments handed down in 2020 organised by topic. The entries in this tracker are organised by topic. These topics are listed in the Table of Contents (to the left of the page). 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 December 2020 continue to be binding on UK courts and tribunals (even if the EU courts later depart from them) until the UK courts exercise their powers to diverge. For the most part, EU case law made after that date is not binding on the UK, although the UK courts and tribunals may continue to ‘have regard to’ EU judgments if relevant. For more detailed information on the treatment of EU case law, see Practice Note: Retained EU law and assimilated law. Contracting-out—transfers Lloyds Banking Group Pensions Trustees Limited v Lloyds Bank plc and others
PRACTICE NOTES
This case tracker displays the current status of, and most recent developments in, key cases relevant to corporate practitioners where the judgment was handed down, or is expected to be handed down, in 2020. It covers key cases before the High Court, Court of Appeal, the Supreme Court and the Court of Justice of the European Union. It is not intended to be an exhaustive list of cases heard in 2020. This case tracker is split into two parts: • ongoing cases, ie those that are subject to appeal, and • recent cases, ordered with the most recent first For the purposes of this tracker: • CA 2006 means the Companies Act 2006 • FSMA 2000 means the Financial Services and Markets Act 2000 Ongoing cases Case Citation Next court Subject Status and background Further information Boston Trust Company Ltd;and another company (in their capacities as trustees of Erutuf Trust) (suing on behalf of Erutuf Trust and all other shareholders in Tellisford Ltd other than VOC Trustee Ltd) v Szerelmey Ltd and others [2020] EWHC 1352
PRACTICE NOTES
ARCHIVED: This case tracker has been archived and is not maintained. It contains a list of significant pensions judgments handed down in 2021 organised by topic. This tracker contains a list of significant pension judgments handed down in 2021 organised by date. The entries can be navigated via the Table of Contents to the left of the page. December 2021 Case details Citations Further information R (on the application of Police Superintendents' Association) v HM Treasury [2021] EWHC 3389 (Admin) News Analysis: No relief granted in challenge to public service pensions reform (R (PSA) v HM Treasury)Judgment Alert: R (on the application of Police Superintendents’ Association) v Her Majesty's Treasury [2021] EWHC 3389 (Admin) LNB News 15/12/2021 55 November 2021 Case details Citations Further information Prudential Assurance Company Ltd and another company 24 November 2021 [2021] EWHC 3152 (Ch), Bailii News Analysis: High Court approves Part VII transfer of £12bn annuity business from the Pru to Rothesay, second time round (Prudential Assurance Company Ltd and In the Matter of Rothesay Life plc) R
PRACTICE NOTES
ARCHIVED: This case tracker has been archived and is not maintained. It contains a list of significant pensions judgments handed down in 2021 organised by topic. The entries in this tracker are organised by topic. These topics are listed in the Table of Contents (to the left of the page). Discrimination MH and ILA (Droits à pension en cas de faillite) Case information: • Full name: BJ and OV, joint trustees in bankruptcy of Mr M v Mrs M, MH, ILA, Mr M • Citation: C-168/20 • Court: Court of Justice of the European Union (CJEU) • Judgment Date: 11 November 2021 • Representation: ◦  D.J. Rhee, QC, C. Harrison, Barrister, and I. Gill, Solicitor for BJ and OV, joint trustees in bankruptcy of Mr M ◦ G. Peretz, QC, J. Briggs, Barrister, and S. Gilchrist, Solicitor for Mrs M, MH, ILA and Mr M ◦ L. Armati, L. Malferrari and M. Wilderspin, acting as Agents, for the European Commission Key take-away: On a preliminary reference from the High Court, the Court of Justice has ruled that section 11 of the Welfare Reform and Pensions Act 1999 (WRPA 1999) is likely to be indirectly discriminatory