Benefits and other liabilities that are given precedence in accordance with a scheme's priority rule when a scheme is being wound-up.

The Home Office’s sponsor guidance for the pre-licence application priority service has been amended on 22 November 2024 to delete the previous reference to there being a maximum of 30 priority service requests a day. This would suggest that there is no longer a numerical limit on these requests.

The profit allocated to the general partner of a fund partnership which sits at the top of the distribution waterfall (after meeting the fund's expenses and liabilities). Part of the priority profit share allocated to the general partner is used to satisfy the management fee.

This sets out the order of precedence of liabilities to be met if, when a scheme is being wound up under the scheme rules, the assets are insufficient to cover all liabilities. Section 73 of the Pensions Act 1995 provides an overriding, statutory priority order of benefits to be secured on the winding-up of a defined benefit scheme. Note the statutory priority order has been amended over time so the priority order varies depending on the date of commencement of the winding up.

Private Client analysis: The judge was asked to determine who, out of two women both claiming to be the surviving spouse of the deceased intestate, should be awarded the grant of letters of administration. The judge considered the Non-Contentious Probate Rules 1987 (NCPR 1987), particularly rule 22, which sets out the priority order in which letters of administration are to be granted on intestacy. The judge also considered the principles which might give rise to a presumption of marriage, as well as the court’s inherent jurisdiction under section 116 of the Senior Courts Act 1981 (SCA 1981) to pass over prior claims to a grant. The claimant claimed that she was the sole surviving spouse and should be entitled to the grant, while it was the defendant’s position that as she was also a surviving spouse of the deceased she too should be entitled to take out the grant. The court held, on a factual basis, that the claimant was the wife of the deceased and therefore made an order for the grant in the claimant’s sole favour. Written by Laura Alliss, senior associate at Geldards LLP.

The Ministry of Justice has announced that the Prison Media Bill will criminalise filming and uploading videos obtained from inside a prison, toughening the current Prison Act 1952 by removing the loopholes that criminals have been abusing to disseminate illicit and distressing content to the public. The new rules will also make the unauthorised filming of staff or content captured by drones illegal. In 2023, 890 pieces of harmful prison content were found online, which retraumatised victims and threatened the safety of staff and security of prisons. Those found guilty will be issued an unlimited fine or be prosecuted. This follows a £100m investment into prison security to stop illegal mobile phones smuggled by prisoners internally and new airspace restrictions making it illegal to fly a drone within 400 metres of a prison.

Personal Injury analysis: The claimant, a prisoner serving a life sentence with a whole-life tariff, claimed damages for negligence and breach of Article 3 of the European Convention on Human Rights (ECHR) arising out of an assault by another ‘life-lifer’ while held in a close supervision unit (CSU). The assailant had, in the weeks leading up to the assault, made threats of violence if he was not moved to another prison, primarily against staff. Judgment was given for the claimant. The threats were not confined to staff and the defendant had breached its duty of care by allowing the assailant to associate with the claimant. The court also extended time to bring the claim under Article 3 ECHR. It found there was a ‘real and immediate risk’ from the assailant and a breach of Article 3 ECHR by permitting association. Damages were awarded for personal injury, and a declaration made in respect of the breach of Article 3 ECHR. Written by Jack Holborn, barrister at 39 Essex Chambers.

Public Law analysis: The claimant was a life prisoner who was pursuing a university research degree course from prison. He brought a judicial review claim to challenge certain restrictions on his Convention right to access education arising from impediments he faced while pursuing his course, such as restrictions on access to the internet, photocopying services in prison and delivery of material through the post. The court dismissed the claim, concluding that the Convention right to education was narrow and that none of the impediments faced by the claimant interfered with the essence of the right to education. Written by Denis Edwards, barrister, Normanton Chambers.

Privacy International has filed a complaint with the Information Commissioner's Office (ICO) challenging the Home Office's use of two algorithmic tools in immigration enforcement. The complaint concerns the Home Office’s use of two algorithmic tools, Identify and Prioritise Immigration Cases (IPIC) and Electronic Monitoring Review Tool (EMRT), in immigration enforcement operations. Privacy International alleges that these tools facilitate large-scale processing of migrants’ personal data, including special category data, without adequate transparency or safeguards.

MLex Privacy activist Lisa Ballmann won a legal battle at the EU’s lower-tier General Court after challenging a European data protection body’s (EDPB) refusal to give her access to a file related to her complaint against Meta’s data-processing practices with online advertising.

Legislation which supplements the Data Protection Act 1998's regime for the use and privacy of personal data, requiring specific and/or 'opt-in' consent on the part of individual 'subscribers' to receive electronic direct marketing via fax, telephone and email, the processing of location data and use of cookie technology by websites to deliver specific user experiences or targeted advertising; there has been intense debate over how consent to the use of cookies can and should be provided by visitors to websites.

Law360, London: A new pilot programme in the Commercial Court that would push more key case documents into the public eye could drive privacy-conscious companies and individuals to opt for arbitration over conventional litigation, disputes lawyers say.