An arrangement other than a money purchase arrangement that provides only defined benefits.

See: Occupational pension scheme.

Benefits based on the build-up of a ‘pot’ of money, accumulated through the investment of contributions paid into a pension scheme by, or on behalf of, the member.

A private pension scheme that provides retirement benefits based on the accumulation of a pot of money, accumulated through the investment of contributions paid by both the employee and the employer.

Restructuring & Insolvency analysis: In this judgment, the Court of Appeal confirmed the court’s treatment of the principal sum of a secured debt in a mental health crisis moratorium (MHCM) under the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 (the Regulations). The court interpreted ‘arrears’ to mean only unpaid instalments due under a secured debt, not the entire principal even if called in, confirming that the principal sum of a mortgage is not an eligible debt under the Regulations. As such, secured creditors can enforce for the mortgage principal and charge interest during MHCM, limiting the protective scope of the scheme. The decision provides critical clarity for lenders, debt advisers, and insolvency practitioners and underscores the importance of precise statutory interpretation. Written by Kunal Gadhvi, partner at Irwin Mitchell LLP.

Personal Injury analysis: Is it time to revisit the Criminal Injuries Compensation Scheme 2008 (the 2008 scheme)? According to Kim Harrison, principal lawyer at Slater and Gordon, the courts seem extremely reluctant to extend the scheme to unborn children harmed as a result of criminal acts.

This Practice Note discusses the role and importance of defined terms in an agreement. It identifies the defined terms that most commonly appear in agreements relating to transactions and examines the approach that should be taken when reviewing or drafting an agreement containing defined terms. For more information on boilerplate clauses generally, see Practice Note: The role of boilerplate. For more information on the interpretation of contracts generally, see Practice Note: Contract interpretation—rules of contract interpretation. The definitions and interpretation clause One example of a boilerplate clause is the definitions and interpretation clause. The definitions and interpretation clause should include all of the individual defined terms that are included in an agreement and all of the provisions that are to apply to the general interpretation of an agreement and, if necessary, of certain phrases used with it. The defined terms and the interpretation provisions will normally be set out in two separate sub-clauses. The definitions and interpretation clause will usually be found at the beginning of an agreement and the terms will be set out in alphabetical order

Why is it important to establish the planning unit? Pursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for ‘the carrying out of any development of land’. ‘Development’ is defined in TCPA 1990, s 55(1) as: • the carrying out of building, engineering, mining or other operations in, on, over or under land, or • the making of any material change in the use of any buildings or other land Consequently, TCPA 1990 controls two distinct types of development by mandating that planning permission is required for operational development and material changes of use. See Practice Notes: Operational development and Material change of use. In determining whether a proposal constitutes a material change of use, the courts use the concept of the planning unit to determine the area of land to be considered when identifying the primary use of land (and its ancillary uses), to then assess whether any material change of use within or of that unit has occurred. Tests to help define planning unit The seminal

Public Law analysis: In R (Ansari) v Chief Constable of North Wales Police and Home Secretary, a solicitor’s mobile phone was seized pursuant to Schedule 7 to the Terrorism Act 2000 (TA 2000). In a judicial review claim challenging the lawfulness of the police’s actions, which involved a closed material procedure, a question arose as to whether the standard of disclosure in some cases engaging Article 6(1) ECHR described in Home Secretary v AF (No 3) applied. Mr Justice Chamberlain held that it did not. The court gave important guidance on deciding whether the disclosure standard in AF (No 3) applies. Written by James Berry KC, a barrister at Serjeants’ Inn Chambers.

This Practice Note refers to people’s legal right to use vehicular transport, ride a horse or drive animals along most highways. It explains that the most frequent classifications of highways into types are by permitted traffic (for example, a footpath or bridleway) and maintenance authority (for example, a classified road or GLA road). There is also an alphabetical list with description of the major highway types in England and Wales. The fundamental public right in relation to a highway is for individual members of the public to pass and re-pass along its length. Along most highways, of course, but not all of them, people have an additional legal right to use vehicular transport and/or to ride a horse and/or to drive animals from one place to another. The most frequent classifications of highways into types are by permitted traffic and by maintenance authority. The classification of a highway by its permitted traffic derives from two sources: • at common law, the dedication

Pensions analysis: The Pensions Ombudsman has upheld a complaint about the payment of a state pension supplement. Martin Scott of gunnercooke LLP looks at the decision.

Section 55(1)(xi) of the Administration of Estates Act 1925 (AEA 1925) defines ‘personal representative’ as: ‘The executor, original or by representation, or administrator for the time being of a deceased person, and as regards any liability for the payment of death duties includes any person who takes possession of or intermeddles with the property of a deceased person without the authority of the personal representatives or the court, and ‘executor’ includes a person deemed to be appointed executor as respects settled land.’ An executor is a person appointed by a valid Will or codicil to administer the testator’s property and carry out the provisions of the Will. See also Practice Note: Private Client England & Wales glossary—Personal representative. Where the deceased did not leave a Will, an administrator may take a grant of letters of administration. If the deceased left a Will but there is no valid appointment of executors or there is no executor able or willing to act then an administrator may take a grant of letters of administration with Will annexed. An