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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 2021. 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 2021. 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. Ongoing cases Case Citation Next court Subject Status and background Further information Satyam Enterprises Ltd v Burton and another [2021] EWCA Civ 287 Case remitted to the High Court for further hearing Directors’ duties — return of capital — Duomatic principle The Court of Appeal allowed an appeal where at first instance, the judge had decided the case on a basis that
PRACTICE NOTES
ARCHIVED: This case tracker has been archived and is not maintained. It contains a list of significant pensions judgments handed down in 2022 organised by topic. This tracker contains a list of significant pension judgments handed down in 2022 organised by date. The entries can be navigated via the Table of Contents to the left of the page. December 2022 Case details Citations Further information Green and others v Metropolitan Police Commissioner 21 December 2022 [2022] EWCA Civ 1686, [2022] All ER (D) 77 (Dec), Caselaw judgment from Courts & Tribunals Judiciary News Analyses: Stopping pension benefits and human rights (Green v Police Commissioner) and Widows lose challenge to cutoff rules for police pensionsCourt of Appeal Civil Division live hearings: Green & ors (claimants/appellants) v The Commissioner of Police of the Metropolis (respondent) & anr R (on the application of Options UK Personal Pension LLP (formerly Options SIPP UK LLP and Carey Pensions UK LLP)) v Financial Ombudsman Service Ltd 21 December 2022 [2022] EWHC 3325 (Admin), [2022] All ER (D) 79 (Dec), Bailii News
PRACTICE NOTES
ARCHIVED: This case tracker has been archived and is not maintained. It contains a list of significant pensions judgments handed down in 2022 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). Construction of scheme rules—revaluation De La Rue plc v De La Rue Pension Trustee Ltd Case information: • Full name: (1) De La Rue Plc (2) De La Rue Holdings Ltd (3) De La Rue International Ltd v (1) De La Rue Pension Trustee Ltd (2) Mark Crickett • Citation: [2022] EWHC 48 (Ch), [2022] All ER (D) 50 (Jan) • Court: High Court • Judgment Date: 14 January 2022 (Hearing Dates 15–16 December 2021) • Representation: ◦ Keith Rowley QC and Elizabeth Ovey (instructed by Hogan Lovells International LLP) for the Claimants ◦ Henry Day (instructed by Hogan Lovells International LLP) for the First Defendant ◦ Andrew Mold QC (Instructed by Osborne Clarke LLP) for the Second Defendant Key take-away: The
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. 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 2022. It covers key cases before the High Court, Court of Appeal and the Supreme Court. It is not intended to be an exhaustive list of cases heard in 2022. 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. Ongoing cases Case Citation Next court Subject Status and background Further information Vald. Nielsen Holding A/S v Baldorino [2019] EWHC 1926 (Comm) Court of Appeal Share purchase—directors—fraud and conspiracy—fiduciary duties Permission to appeal to the Court of Appeal requested.The High Court had considered, and upheld, a claim for damages for fraud and conspiracy arising out of the purchase
PRACTICE NOTES
ARCHIVED: This case tracker has been archived and is not maintained. It contains a list of pensions judgments handed down by the General Regulatory Chamber (GRC) of the First-tier Tribunal (FTT) and Upper Tribunal (UT) in 2023 that specifically relate to appeals against decisions of the Pensions Regulator for breach of automatic enrolment duties, organised by date. The entries can be navigated via the Table of Contents to the left of the page. December 2023 Case details Citations Outcome Further information Agius v The Pensions Regulator 22 December 2023 [2023] UKFTT 1078 (GRC), Bailii Permission to appeal FTT’s original ruling of 19 December 2023 (upholding TPR’s decision) refused Coverdale Barclay Ltd v The Pensions Regulator 20 December 2023 [2023] UKFTT 1061 (GRC), Bailii TPR decision upheld Evan One Ltd v The Pensions Regulator 20 December 2023 [2023] UKFTT 1060 (GRC), Bailii TPR decision upheld Dave Electrical Services Ltd v The Pensions Regulator 20 December 2023 [2023] UKFTT 1059 (GRC), Bailii TPR decision upheld D'Souza v The Pensions Regulator 20
PRACTICE NOTES
ARCHIVED: This archived tracker contains a list of significant pension judgments handed down in 2023 organised by date. The entries can be navigated via the Table of Contents to the left of the page. Note that pensions judgments handed down by the General Regulatory Chamber (GRC) of the First-tier Tribunal (FTT) and Upper Tribunal (UT) in 2023 that specifically relate to appeals against decisions of the Pensions Regulator for breach of automatic enrolment duties are listed in a separate tracker — please see: Case tracker—2023 auto-enrolment pensions judgments. For a list of significant pension judgments handed down in 2023 organised by topic, see: Case tracker—2023 pensions judgments—by topic. December 2023 There were no significant pension judgments handed down in December 2023 (but there were several pensions judgments handed down by the General Regulatory Chamber (GRC) of the First-tier Tribunal (FTT) in December 2023 that specifically relate to appeals against decisions of the Pensions Regulator for breach of automatic enrolment duties — see: Case tracker—2023 auto-enrolment pensions judgments—by date). November 2023 Case details Citations Further
PRACTICE NOTES
ARCHIVED: This tracker has been archived and is not maintained. It includes a list of recent significant judgments handed down in 2023, organised by topic. These topics are listed in the Table of Contents (to the left of the page). Age discrimination (cost control mechanism in public sector schemes) R (on the application of Fire Brigades Union and others) v His Majesty's Treasury and another; R (on the application of British Medical Association) v His Majesty's Treasury and another Case information: • Full name: The King on the application of (1) Fire Brigades Union (2) Joshua Dunn (3) Chloe Reid v (1) His Majesty’s Treasury (2) Secretary of State for the Home Department; The King on the application of The British Medical Association v (1) His Majesty’s Treasury (2) Secretary of State for Health and Social Care • Citation: [2023] EWHC 527 (Admin), Bailii • Case digest: [2023] All ER (D) 60 (Mar) • Court: High Court (King’s Bench Division) (Administrative Court) • Judgment Date: 10 March 2023 (Heard on 31 January 2023 and 1–3 February 2023) Key
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. 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 2023. It covers key cases before the High Court, Court of Appeal and the Supreme Court. It is not intended to be an exhaustive list of cases heard in 2023. 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 and FSMA 2000 means the Financial Services and Markets Act 2000. Ongoing cases Case Citation Next court Subject Status and background Further information Vald. Nielsen Holding A/S v Baldorino [2019] EWHC 1926 (Comm) Court of Appeal Share purchase—directors—fraud and conspiracy—fiduciary duties Permission to appeal to the Court of Appeal requested.The High Court had considered, and upheld, a claim
PRACTICE NOTES
ARCHIVED: This tracker has been archived and is not maintained. It contains a list of pensions judgments handed down by the General Regulatory Chamber (GRC) of the First-tier Tribunal (FTT) and Upper Tribunal (UT) in 2024 that specifically relate to appeals against decisions of the Pensions Regulator for breach of automatic enrolment duties, organised by date. The entries can be navigated via the Table of Contents to the left of the page. December 2024 Case details Citations Outcome Further information Rodpradith v The Pensions Regulator 19 December 2024 [2024] UKFTT 1153 (GRC) Appeal struck out November 2024 Case details Citations Outcome Further information Riverness Ltd v The Pensions Regulator 25 November 2024 [2024] UKFTT 1053 (GRC), Bailii Appeal struck out Jago Communications Ltd v The Pensions Regulator 12 November 2024 [2024] UKFTT 1021 (GRC), Bailii Appeal struck out Masood v The Pensions Regulator 12 November 2024 [2024] UKFTT 1020 (GRC), Bailii Appeal struck out October 2024 Case details Citations Outcome Further information Quinn
PRACTICE NOTES
ARCHIVED: This tracker has been archived and is not maintained. It includes a list of recent significant pension judgments handed down in 2024, organised by date. The entries can be navigated via the Table of Contents to the left of the page. Note that pensions judgments handed down by the General Regulatory Chamber (GRC) of the First-tier Tribunal (FTT) and Upper Tribunal (UT) in 2024 that specifically relate to appeals against decisions of the Pensions Regulator for breach of automatic enrolment duties are listed in a separate tracker—see: Case tracker—2024 auto-enrolment pensions judgments [Archived]. For a list of significant pension judgments handed down in 2024 organised by topic, see: Case tracker—2024 pensions judgments—by topic [Archived]. December 2024 Case details Citations Further information R (on the application of Chong) v Financial Services Compensation Scheme 31 December 2024 [2024] EWHC 3374 (Admin) , Bailii Major v Chief Constable of Essex Police 18 December 2024 [2024] EWHC 3290 (Admin) , Bailii R (on the application of Paul Squire) v Police Medical Appeals Board 9
PRACTICE NOTES
ARCHIVED: This tracker has been archived and is not maintained. It includes a list of recent significant judgments handed down in 2024, organised by topic. These topics are listed in the Table of Contents (to the left of the page). For a list of significant pension judgments handed down in 2024 organised by date, see: Case tracker—2024 pensions judgments—by date [Archived]. Construction of scheme rules British Broadcasting Corporation v BBC Pension Trust Case information: •Full name: British Broadcasting Corporation v (1) BBC Pension Trust Limited (2) Christina Burns •Citation: [2024] EWCA Civ 767, Bailii•Case digest: [2024] All ER (D) 54 (Jul)•Judgment Date: 9 July 2024 (Heard on 25–27 June 2024)•Court: Court of Appeal Key takeaway: On 9 July 2024, the Court of Appeal judges unanimously dismissed the BBC's appeal against the High Court's interpretation on the limits of the power of amendment contained in Rule 19.2(3) of the BBC Pension Scheme (the Scheme) which says that no alterations or amendments can be made for active members ‘whose interests are certified by the actuary to be affected thereby'
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. 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 2024. It covers key cases before the High Court, Court of Appeal and the Supreme Court. It is not intended to be an exhaustive list of cases heard in 2024. For the purposes of this tracker, CA 2006 means the Companies Act 2006 and FSMA 2000 means the Financial Services and Markets Act 2000. December 2024 Case details and analysis Subject Summary A and B v The Registrar of Companies (Re Prudencia LLP)   [2024] EWHC 3255 (Ch)High Court LLP—Restoration The High Court had to consider whether it should order the restoration of an LLP to the Register of Companies under section 1029 of the CA 2006 despite the absence of existing members.The court found that despite there being no existing members of the LLP, it was just to order its restoration