Archive for the 'pensions' Category

Public sector workers launch legal challenge to pension reforms – Daily Telegraph

“Public sector workers have launched a legal challenge in the High Count to prevent changes to their gold-plated pensions.”

Full story

Daily Telegraph, 16th April 2011

Source: www.telegraph.co.uk

Owens v Dudley Metropolitan Borough Council – WLR Daily

Owens v Dudley Metropolitan Borough Council [2011] EWCA Civ 359; [2011] WLR (D) 120

“Where the pension entitlement of an employee seeking a teachers’ pension was being determined and the term ‘teacher’ had not been defined by the legislature the word was to be construed in accordance with its natural meaning.”

WLR Daily, 31st March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Patmalniece v Secretary of State for Work and Pensions (AIRE Centre intervening) – WLR Daily

Patmalniece v Secretary of State for Work and Pensions (AIRE Centre intervening) [2011] UKSC 11; [2011] WLR (D) 91

“The conditions for entitlement to state pension credit, which included a requirement that a claimant had a right to reside in the United Kingdom or the Republic of Ireland, constituted indirect discrimination against nationals of other European Union member states which was, however, justified by the legitimate aim of protecting the resources of the United Kingdom against benefit or social tourism by those who were not economically or socially integrated with the country.”

WLR Daily, 16th March 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Casteels v British Airways plc – WLR Daily

“Article 48FEU of the FEU Treaty, concerning the adoption of measures in the field of social security, could not be relied on by an individual against his private sector employer in a dispute before a national court. In the context of the mandatory application of a collective labour agreement, article 45FEU of the FEU Treaty precluded the non-inclusion of years of service completed by a worker for the same employer in different member states in the calculation of the period for the acquisition of definitive entitlements to supplementary pension benefits.”
WLR Daily, 11th March 2011
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Association belge des Consommateurs Test-Achats ASBL and others v Conseil des ministres – WLR Daily

Association belge des Consommateurs Test-Achats ASBL and others v Conseil des ministres (Case C-236/09); [2011] WLR (D) 67

“Article 5(2) of Council Directive 2004/113/EC was invalid with effect from 21 December 2012 since it permitted European Union law and consequently member states’ laws, to derogate from the principle of equal treatment of men and women, guaranteed by articles 21 and 23 of the Charter of Fundamental Rights of the European Union, without temporal limitation.”

WLR Daily, 2nd March 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Men and women will pay the same for insurance from 2012 – OUT-LAW.com

“Insurance and pensions companies must be stopped from offering different prices and premiums to men and women from December 2012, the European Court of Justice (ECJ) has ruled.”

Full story

OUT-LAW.com, 1st March 2011

Source: www.out-law.com

Male pensioners could lose out in EU sex discrimination ruling – Daily Telegraph

“Male pensioners could lose around £340 a year if the European court backs gender equality rules for insurance companies this week, experts are predicting.”

Full story

Daily Telegraph, 27th February 2011

Source: www.telegraph.co.uk

Prudential taken to court by its own pension fund trustees – The Guardian

“Prudential, one of the country’s leading pension suppliers, has been taken to the high court by the trustees of its own employees’ retirement fund. The move by Prudential Staff Pensions could potentially force the financial services firm into topping up the scheme and comes after the Pru changed its practices in 2005 to plug a £379m deficit in the 92-year-old pension plan.”

Full story

The Guardian, 16th February 2011

Source: www.guardian.co.uk

‘Terrifying’ flaw uncovered in pension protection law – Daily Telegraph

“The Government has been urged to change the law to ensure pensions of all workers are protected if their employer goes bust.”

Full story

Daily Telegraph, 31st January 2011

Source: www.telegraph.co.uk

New pension rules hit workers – Daily Telegraph

“Workers will be automatically enrolled in a pension scheme under rules outline in the Pension Bill published today.”

Full story

Daily Telegraph, 13th January 2011

Source: www.telegraph.co.uk

HR Trustees Ltd v German and another; In re IMG Pension Plan – WLR Daily

HR Trustees Ltd v German and another; In re IMG Pension Plan [2010] EWCA Civ 1349; [2010] WLR (D) 307

“Section 91 of the Pensions Act 1995 as amended prevented neither the parties from making nor the court from approving or enforcing a bona fide compromise of any disputed or doubted right and entitlement of members of the scheme under an occupational pension scheme.”

WLR Daily, 2nd December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Government rethinks TUPE stance – Law Society’s Gazette

“The coalition government has scrapped plans to reform controversial employment regulations in an apparent U-turn by the Conservatives, it has emerged.”

Full story

Law Society’s Gazette, 18th November 2010

Source: www.lawgazette.co.uk

Laws v Metropolitan Police Authority and another – WLR Daily

Laws v Metropolitan Police Authority and another [2010] EWCA Civ 1099; [2010] WLR (D) 254

“By reg 37(1) of the Police (Injury Benefit) Regulations 2006, on a review of an injury pension payable under those regulations, the only duty of the police authority was to consider whether, since any previous review, the degree of pension disablement had substantially altered, and it was not open to the authority to reduce or increase a pension on such a review by virtue of a conclusion that the clinical basis of an earlier assessment had been wrong.”

WLR Daily, 14th October 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

ITN faces court challenge over pensions – The Guardian

“ITN is facing a high court legal challenge over plans to dramatically reduce pension payments made to the families of former employees.”

Full story

The Guardian, 21st July 2010

Source: www.guardian.co.uk

BT pension fund seeks legal ruling on taxpayers’ obligation to underwrite deficit – The Guardian

“How much of BT’s huge pension liabilities are underwritten by the taxpayer? Nearly 26 years after one of Margaret Thatcher’s biggest privatisations, the telecoms firm’s pensioners are finally close to getting an answer.”

Full story

The Guardian, 13th July 2010

Source: www.guardian.co.uk

Timbrell v Secretary of State for Work and Pensions – WLR Daily

Timbrell v Secretary of State for Work and Pensions [2010] EWCA Civ 701; [2010] WLR (D) 155

The Gender Recognition Act 2004 did not have retrospective effect, and since the United Kingdom had failed to implement the relevant Community law Directive within the time permitted so far as concerned acquired gender and rights to pensions, an individual could invoke the Directive as its provisions were unconditional and precise.”
WLR Daily, 23rd June 2010
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Woman who had sex change wins legal right to pension at 60 – The Guardian

“A woman who had a sex-change operation 10 years ago has won her battle to receive a pension from the age of 60. Christine Timbrell was born Christopher Timbrell in 1941, but had surgery to change her gender in 2000.”

Full story

The Guardian, 22nd June 2010

Source: www.guardian.co.uk

Regina (Public and Commercial Services Union) v Minister for the Civil Service – WLR Daily

Regina (Public and Commercial Services Union) v Minister for the Civil Service [2010] EWHC 1027 (Admin); [2010] WLR (D) 117

“S 2(3) of the Superannuation Act 1972 as amended conferred protection in relation to all entitlements in the principal civil service pension scheme (‘PCSPS’) and the civil service compensation scheme (‘CSCS’) referable to length of service and contributions paid, whether they constituted legal entitlements in the full sense or entitlements as a matter of established and declared administrative practice as set out in any relevant scheme under s 1 of the 1972 Act.”

WLR Daily, 10th May 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Expats await state pension ruling – The Guardian

“More than half a million retired Britons living abroad could be in line for payouts from the UK government if a European court today rules in their favour. After years of courtroom wrangling, 13 expatriates will learn if they have won their test case for the right to index-linked rises routinely paid to UK-based pensioners but denied to those who have settled in certain countries overseas.”

Full story

The Guardian, 16th March 2010

Source: www.guardian.co.uk

Bridge Trustees Ltd v Yates and others (Secretary of State for Work and Pensions intervening) – WLR Daily

Bridge Trustees Ltd v Yates and others (Secretary of State for Work and Pensions intervening) [2010] EWCA Civ 179; [2010] WLR (D) 65

“Where a hybrid occupational pension scheme was being wound up the benefits derived from voluntary contributions made to the scheme by the employee and matched by their employer’s contribution, ranked first in order of priority in the winding up of the scheme.”

WLR Daily, 4th March 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Church of England General Synod extends pension rights for gay partners – The Guardian

“The Church of England may not allow its clergy to have their civil ­partnerships blessed in church but it voted tonight to allow the survivors of same-sex ­partnerships the same pension rights as other spouses. The church’s General Synod, meeting in London, voted in favour of what supporters of the move described as ­big-heartedness at odds with the church’s public reputation for homophobia in its wrangles over gay clergy.”

Full story

The Guardian, 11th February 2010

Source: www.guardian.co.uk

Standard Life fined £2.45m for misleading pensions customers – The Guardian

“The Financial Services Authority has fined Standard Life £2.45m for misleading thousands of pensions customers about the safety of one of its funds, it was announced today.”

Full story

The Guardian, 20th January 2010

Source: www.guardian.co.uk

Gurkha veterans lose pensions test case battle with MoD – BBC News

“Retired Gurkhas have lost a High Court test case battle with the Ministry of Defence over pension rights.”

Full story

BBC News, 11th January 2010

Source: www.bbc.co.uk

Gurkha pension case reaches court – BBC News

“Campaigners representing retired Gurkhas are going to the High Court later in a battle over their pensions.”

Full story

BBC News, 27th October 2009

Source: www.bbc.co.uk

Court hearing expat pensions case – BBC News

“A case that could affect the pensions of thousands of Britons who have retired abroad will be heard in a European court later.”

Full story

BBC News, 1st September 2009

Source: www.bbc.co.uk

Easterly Ltd v Headway plc – WLR Daily

Easterly Ltd v Headway plc [2009] EWCA Civ 793; [2009] WLR (D) 255

“A partial buy-out of a guaranteed minimum pension was not precluded by statutory obligations.”

WLR Daily, 24th July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Foster Wheeler Ltd v Hanley and others – WLR Daily

Foster Wheeler Ltd v Hanley and others [2009] EWCA Civ 651; [2009] WLR (D) 235

“The court considered the principles to be applied by pension scheme trustees when deciding how UK pension schemes were to pay benefits to members following recent developments in European pensions law relating to equalisation of retirement ages.”

WLR Daily, 9th July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Cost of judges’ pensions has more than doubled in past five years – Daily Telegraph

“Figures put before Parliament by the Treasury show that the judicial pension pot rose from £62 million in the financial year 2004/5 to £131m last year.”

Full story

Daily Telegraph, 6th July 2009

Source: www.telegraph.co.uk

Secretary of State for Work and Pensions v Yates – WLR Daily

Secretary of State for Work and Pensions v Yates [2009] EWCA Civ 479; [2009] WLR (D) 184

“A Canadian widow who, on her marriage to a British national in Canada, received a British pension based on her husband’s contributions and paid at the rate applicable to the inflation uprating he received, frozen at the time he emigrated, was entitled on his death to a higher rate of pension calculated at the same inflation uprating. She was not entitled to have her pension based on the uprating applicable at the time of his death.”

WLR Daily, 12th June 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Public school workers win pension fight after 10-year legal battle – The Guardian

“Dozens of low-paid women workers at a leading public school are celebrating after gaining equal pension rights following a 10-year legal battle.”

Full story

The Guardian, 8th June 2009

Source: www.guardian.co.uk

Regina (Bunce) v Pensions Appeal Tribunal and Another – Times Law Reports

Regina (Bunce) v Pensions Appeal Tribunal and Another

Court of Appeal

“On an appeal against an interim assessment by the Ministry of Defence of the degree of a person’s disability, the Pensions Appeal Tribunal did not have jurisdiction to challenge either the existence of the disability or whether the disability was attributable to service in the Armed Forces.”

The Times, 15th April 2009

Source: www.timesonline.co.uk

R (Marrion and others) v Board of Medical Referees and others – WLR Daily

R (Marrion and others) v Board of Medical Referees and others [2009] EWCA Civ 450; [2009] WLR (D) 135

“Where a firefighter applied for a disability pension, the question to be resolved by the independent qualified medical practitioner and on appeal by the Board of Medical Referees under the Firefighters’ Pension Scheme was whether the firefighter was subject to incapacity for the performance of his operational firefighting duty and any other duties within the definition of ‘regular firefighter’ and within his contract which it was proposed that he perform, but not any additional duties. Where no redeployment away from operation firefighting was available, the question stopped with incapacity for the performance of operational firefighting. It was not within the board’s jurisdiction to give a binding decision which trespassed on issues which were not part of the firefighter’s appeal.”

WLR Daily, 8th April 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Bunce) v Pensions Appeal Tribunal and another – WLR Daily

R (Bunce) v Pensions Appeal Tribunal and another [2009] EWCA Civ 451; [2009] WLR (D) 134

“The Pensions Appeal Tribunal did not, on an appeal against the defence secretary’s interim assessment of the degree of a person’s disability under s 5(1) of the Pensions Appeal Tribunals Act 1943, as amended, have jurisdiction to challenge the existence of the disability nor whether that disability was attributable to service in the armed forces.”

WLR Daily, 8th April 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Injured firefighters in court win – BBC News

“Injured firefighters have won a major step in their legal battle to retain the right to claim ill-health pensions.”

Full story

BBC News, 6th April 2009

Source: www.bbc.co.uk

Pensioners hire Cherie Blair to sue Sir Fred Goodwin and RBS – The Times

“British pension funds are to sue Sir Fred Goodwin and the Royal Bank of Scotland in the American courts for hundreds of millions of pounds, The Times has learnt.”

Full story

The Times, 16th March 2009

Source: www.timesonline.co.uk

R (Parish) v Pensions Ombudsman – WLR Daily

R (Parish) v Pensions Ombudsman; [2009] WLR (D) 86

“Where the ultimate question to be determined by the Pensions Ombudsman in an investigation differed from the ultimate question which had arisen in previously begun court or employment tribunal proceedings, s 146(6)(a)(i) of the Pension Schemes Act 1993 did not preclude an investigation by reason of a factual issue being common to the investigation and to the court or employment tribunal proceedings.”

WLR Daily, 9th March 2009

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

O’Brien v Department for Constitutional Affairs – Times Law Reports

O’Brien v Department for Constitutional Affairs

Court of Appeal

“A part-time fee-paid judicial office holder was not entitled to claim that he had been subjected to less favourable treatment when he was refused a pension on retirement from office.”

The Times, 10th February 2009

Source: www.timesonline.co.uk

Please note that the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Pensions Act 2008

Pensions Act 2008 published

Full text of Act

Source: www.opsi.gov.uk

Legal moves against canoeist wife – BBC News

“Legal moves to reclaim hundreds of thousands of pounds illegally claimed by the wife of a back-from-the-dead canoeist are due to begin.”

Full story

BBC News, 25th November 2008

Source: www.bbc.co.uk

Carson and Others v United Kingdom (Application No 42184/05) – Times Law Reports

Carson and Others v United Kingdom (Application No 42184/05)

European Court of Human Rights

“The exclusion of pensioners living abroad from an index-linked uprating scheme applicable to all pensioners in the United Kingdom was not in breach of the European Convention on Human Rights.”

The Times, 20th November 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Review of company pensions laws – BBC News

“Pensions minister Rosie Winterton is to announce a review of laws governing company pension schemes.”

Full story

BBC News, 12th November 2008

Source: www.bbc.co.uk

Elderly expats lose appeal over pensions – The Times

“British pensioners resident in Commonwealth countries have had their appeal for better pensions rejected.”

Full story

The Times, 4th November 2008

Source: www.timesonline.co.uk

Pensions investors get greater control – The Guardian

“Millions of people who opted out of the state second pension will be given greater freedom to invest for their retirement under a change in the law that comes into force today.”

Full story 

The Guardian, 1st October 2008

Source: www.guardian.co.uk

Fake death canoeist launches appeal bid – The Independent

“Back from the dead canoeist John Darwin has launched a bid to appeal against his sentence, his solicitor said today.”

Full story

The Independent, 5th September 2008

Source: www.independent.co.uk

Shore v Sedgwick Financial Services Ltd and Another – Times Law Reports

Shore v Sedgwick Financial Services Ltd and Another

Court of Appeal

“If a client, on the advice of a financial expert, transferred his pension investment from one old safe pension scheme to a new risky pension scheme, in which the value of his investment went down, the client’s right to sue the adviser in negligence accrued when the transfer was made; it was not contingent upon the occurrence of loss.”

The Times, 12th August 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Shore v Sedgwick Financial Services Ltd and another – WLR Daily

Shore v Sedgwick Financial Services Ltd and another [2008] EWCA Civ 863; [2008] WLR (D) 255

“Where a client, on the advice of a financial adviser, shifted his pension investment from a relatively safe occupational final salary pension scheme to a new more risky personal pension income withdrawal scheme, which later suffered in value owing to falling annuity rates, the client’s right to sue the adviser in negligence accrued on the date when the transfer was made and was not contingent upon the subsequent occurrence of loss in value or his even later discovery of such loss.”

WLR Daily, 25th July 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Canoe man and wife jailed for six years – The Independent

“John and Anne Darwin were each jailed for more than six years today for carrying out a £250,000 insurance con by faking his death in a canoeing accident.”

Full story

The Independent, 23rd July 2008

Source: www.independent.co.uk

Ministry of Defence admits it was wrong to deny war widow a pension – Daily Telegraph

“The widow of a war hero who had been wrongfully denied a pension by Whitehall bureaucrats for years was celebrating a victory after the Ministry of Defence admitted ‘maladministration’.

Full story

Daily Telegraph, 21st July 2008

Source: www.telegraph.co.uk

Anne Darwin ‘played vital role’ in canoe man fraud – The Times

“The wife of John Darwin, the canoeist who faked his own drowning, played an ‘equal and vital role’ in the scheme to gain £250,000 in insurance and pension payouts by staging his death, a court heard today.”

Full story

The Times, 14th July 2008

Source: www.timesonline.co.uk

Gurkhas lose High Court battle over pensions – The Times

“Former Gurkha soldiers today lost their High Court battle over a pensions deal with the Ministry of Defence, which they say has left them struggling to live.”

Full story

The Times, 2nd July 2008

Source: www.timesonline.co.uk

In re Federal-Mogul Aftermarket UK Ltd and others – WLR Daily

In re Federal-Mogul Aftermarket UK Ltd and others [2008] EWHC 1099 (Ch); [2008] WLR (D) 166

There was nothing in the rationale underlying the general application of the hindsight principle to contingent debts which should restrict its application to whether there had been an initial triggering event.”

WLR Daily, 23rd May 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


Pensions Regulator gets tough on conflicts – The Lawyer

“Firms with burgeoning pensions practices could face a threat to their client lists under conflicts of interest guidance set out by the Government’s Pensions Regulator.”

Full story

The Lawyer, 24th March 2008

Source: www.thelawyer.com

Gurkhas ask High Court for pension parity – The Times

“They have fought and died in the British Army over centuries and taken part in every significant conflict since 1947 including the Falklands, Afghanistan and Iraq. But today the Gurkhas are embroiled in a new battle — this time with the Ministry of Defence.”

Full story

The Times, 13th March 2008

Source: www.timesonline.co.uk

Alitalia-Linee Aeree Italiane SpA v Rotunno and Others – Times Law Reports

Alitalia-Linee Aeree Italiane SpA v Rotunno and Others

Chancery Division

“There was no reason not to give the word ‘secure’ its usual meaning as a transitive verb when contained within the words ‘to secure the benefits under the scheme’ in a set of trust rules.”

The Times, 12th March 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina (Bradley and Others) v Secretary of State for Work and Pensions and Others – Times Law Reports

Regina (Bradley and Others) v Secretary of State for Work and Pensions and Others

Court of Appeal

“Where the Parliament Commissioner for Administration had found maladministration in a ministerial department, the minister was not entitled to reject that finding without good reason.”

The Times, 25th February 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.


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