It is not uncommon for claims to be brought under both the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) and Schedule 1 to the Children Act 1989 (ChA 1989) in the alternative. This is frequently the case where parties are in a relationship and have a child but are not married, so that on separation the powers of the court under the Matrimonial Causes Act 1973 do not apply. Where the property in which the parties have resided is in the sole name of one party, the other party may seek both to assert a beneficial interest by virtue of a common intention constructive trust (or, less commonly, a resulting

CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 5 November 2011; it is no longer maintained. See further, timeline, commentary and related cases. Case facts Outline UK merger investigation into the completed acquisition of Sembcorp Bournemouth Water Investments Limited by Pennon Group. Under its duty to refer all mergers involving water companies for phase 2 investigations if the parties have a UK turnover of more than £10m, the CMA carried out a phase 2 investigation . Latest developments On 5 November 2015, the CMA unconditionally cleared the transaction, confirming its provisional findings. Parties Pennon Group is a water utility and waste company which is based in the UK. It is one of the largest environmental and resource management companies in the UK, holding assets worth around £5bn. One of its subsidiaries is South West Water, one of the UK's ten water and sewerage companies, providing water and sewerage services throughout Cornwall and Devon and in small areas of Dorset and Somerset. in the year to 31 March

Law360: A trade body floated changes on 25 February 2025 to an actuarial model for life expectancy that underpins the £3trn pensions industry, a move to better reflect the impact of the coronavirus (COVID-19) pandemic.

A way of reducing employer liabilities by offering cash in exchange for members agreeing to lose rights to pension increases. It is supposed to end in a win-win for the fund and the member, but frictional costs (such as the need to take advice for every member) usually make it not worthwhile.

Instance where funds are taken out of a pension scheme by the member (usually on the promise of financial incentive by an ‘adviser’ or ‘introducer’), but ultimately used in a way which is not authorised by HMRC (thereby giving rise to tax penalties). Tax evasion and/or fraud may be involved.

The Pensions Ombudsman (TPO) has announced that government funding for the pilot Pensions Dishonesty Unit (PDU) ended in March 2025 but with runoff funds available until October 2025 to complete specific investigations. Those affected by the closing down of the PDU will be guided by TPO to other channels, such as the Pensions Regulator (TPR) and Action Fraud, as well as alternative redress schemes like the Fraud Compensation Fund (FCF). TPO also highlights that while Ombudsman resources are limited, it may occasionally investigate specific PDU cases, particularly when there is no prospect of alternative redress, there is potential for redress from those responsible, or a novel legal issue or scam has been identified. TPO notes that the PDU has issued Determinations in relation to 12 pension schemes involving over 800 scheme members affected by dishonesty and directed redress of over £40m during its time in operation. In any event, TPO is set to continue to work closely with TPR, independent trustees and the FCF to ensure that the pensions industry is effectively working together to support members that are victims of pensions dishonesty.

The Pension Protection Fund (PPF) was established on 6 April 2005 as a statutory fund to pay compensation to members of underfunded defined benefit occupational pension schemes whose sponsoring employer has become insolvent. Such a scheme will enter the PPF if it cannot be rescued and it does not have enough assets to provide benefits at or above PPF compensation levels.

PPF compensation is funded through a levy on defined benefit schemes and defined benefit elements of hybrid schemes.

A discontinuance valuation which only considers benefits up to the level normally protected by the Pension Protection Fund.

An award scheme operated by the National Association of Pension Funds open to employer-sponsored defined contribution schemes (including occupational, workplace personal pension and personal accounts), evaluating contribution levels, governance and communications. It requires a minimum total of 10% (6% from the employer) contribution rate, or 15% (10% from the employer) for the Pension Quality Mark Plus.

A trade body representing buy-out providers, managed by the Tax Incentivised Savings Association (TISA), Cleveland Business Centre, Middlesborough TS1 2RQ, 01642 207200 (www.tisa.uk.com).

The Pensions Scams Industry Group (PSIG) which helps protect pension scheme members from scams has launched its ‘Interim Practitioner Guide’. The guide, which should be used on a standalone basis for now, sets out the main due diligence steps a pension practitioner should carry out when they assess a pension transfer and reflects the position following the 2021 DWP Regulations on transfers (the Occupational and Personal Pension Schemes (Conditions for Transfers) Regulations 2021, SI 2021/1237). A short summary document has also been published alongside the guide explaining the key points.