Pensions analysis: The Pensions Ombudsman has upheld complaints about the investment of pension scheme assets. Martin Scott of gunnercooke LLP looks at the decision.

Pensions analysis: The Pensions Ombudsman has upheld a complaint about the investment of pension scheme assets. Martin Scott of gunnercooke LLP looks at the decision.

Law360: The Pensions Regulator (TPR) has unveiled plans to formally regulate professional trustee firms amid significant growth in the sector.

FORTHCOMING CHANGE: On 15 December 2025 the DWP launched a consultation on strengthening the trusteeship, governance and administration standards for trust-based pension schemes (consultation closure date: 6 March 2026). Among other things, the consultation proposes mandatory accreditation for professional trustees with centrally set standards, the creation of a statutory definition of professional trustee, measures to improve trustee board diversity, the introduction of a non-public trustee directory to be maintained by the Pensions Regulator (TPR) and potential regulatory oversight of pension scheme administrators by TPR. The consultation forms part of a broader package of reforms aimed at improving governance as the pensions sector consolidates into fewer, larger schemes. These developments indicate a progression from encouragement of accreditation towards a potential mandatory framework for professional trustees. For further information, see Planned reforms to professional trusteeship, below. THIS PRACTICE NOTE APPLIES TO TRUST-BASED OCCUPATIONAL PENSION SCHEMES As pensions legislation has become more complex, occupational pension schemes have increasingly appointed professional trustees to their trustee boards to help maintain good standards of scheme governance. A professional trustee can either be an individual

Private Client analysis: Section 21 of the Limitation Act 1980 (LA 1980) exempts claims for a ‘fraudulent’ breach of duty from the usual limitation periods. Unless this exemption applied, the claim in this case would be statute-barred. The High Court dismissed the claim on the basis that they found no fraudulent breach of duty by the defendant, so the extended limitation period under section 21 did not apply. The principal concern of the Court of Appeal in this case was therefore not whether there was a breach of duty, but rather whether there was dishonesty. The Court of Appeal considered the High Court’s findings in relation to each of the alleged breaches, and ultimately held that there was no sufficient basis for the court to interfere with the finding that the defendant had not acted dishonestly. The case highlights the court’s approach in considering the existence of a fraudulent breach of duty and provides some clarity on the standards expected of professional trustees. Written by Jacob Ashforth, solicitor at Burges Salmon.

Pensions analysis: The Pensions Ombudsman (PO) has partially upheld a complaint that professional scheme trustees failed to advise the sole member of a small self-administered scheme (SSAS) against imprudent investments. Martin Scott of gunnercooke LLP looks at the decision.

Law360: A British university unfairly sacked a professor for saying that Zionism is a racist ideology, a tribunal has ruled, concluding that the academic institution discriminated against him because his views were protected beliefs.

Under the EU GDPR or UK GDPR, any automated processing of personal data consisting of the use of it to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

STOP PRESS: On 19 June 2025, the Data (Use and Access) Bill received Royal Assent, becoming the Data (Use and Access) Act 2025 (DUAA 2025) and coming partly into force on that date. Certain provisions of DUAA 2025, concerning matters such as responding to data subject access requests and the conferring of power to make further regulations, came into force immediately on 19 June 2025. Other provisions, concerning notices from the Information Commissioner and some aspects of law enforcement processing, came into effect on 19 August 2025 (being two months from the date of Royal Assent). The majority of DUAA 2025’s provisions require further regulations (in the form of statutory instruments) to be made to bring them into force. Parts 5 and 6 of DUAA 2025 serve to amend aspects of data protection and ePrivacy law in the UK, including the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR), the Data Protection Act 2018 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, SI 2003/2426. The majority of the provisions

The CA 2006 defines ‘profit and loss account’, in relation to a company that prepares IAS accounts as an income statement or other equivalent financial statement required to be prepared by international accounting standards. Essentially a document detailing a true and fair view of the profits and losses during a particular financial period, it is one of the key accounts, along with the balance sheet, required by directors under CA 2006, s 396.

Corporate Crime analysis: In a comprehensive and detailed judgment, the Court of Appeal considered the principles which apply to the assessment of benefit in confiscation proceedings arising out of corruption cases. Quashing the order imposed in the court below, the court held that there was no answer to the prosecution’s valuation of the benefit based on the total gain less properly deducted expenses.

Costs paid or payable in respect of work done by a solicitor which are not “disbursements”.