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Lord Sedwill explains 2020 letter to Treasury Solicitor about UK Internal Market Bill

Lord Sedwill explains 2020 letter to Treasury Solicitor about UK Internal Market Bill

Lord Sedwill explains 2020 letter to Treasury Solicitor about UK Internal Market BillLord Sedwill, the former Cabinet Secretary, has explained to the

EFRAG releases mapping of EMAS and ESRS to streamline sustainability reporting

EFRAG releases mapping of EMAS and ESRS to streamline sustainability reporting

EFRAG releases mapping of EMAS and ESRS to streamline sustainability reportingEuropean Financial Reporting Advisory Group (EFRAG) has published a

Ofcom modifies General Conditions C2.11 and C2.12

Ofcom modifies General Conditions C2.11 and C2.12

Ofcom modifies General Conditions C2.11 and C2.12Ofcom has decided to modify General Conditions C2.11 and C2.12 to remove references to the Phone-paid

HMPPS announces changes to official prison video calls for legal representatives guidance

HMPPS announces changes to official prison video calls for legal representatives guidance

HMPPS announces changes to official prison video calls for legal representatives guidanceThe HM Prison and Probation Service (HMPPS) has published an

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PO determination on improper allocation of death benefits (Curran 74746/1)

Pensions analysis: In Curran (74746/1), the Pensions Ombudsman upheld a complaint by a widow of a deceased pension scheme member that the trustees of...
28th May
News

Length of service credit permitted in redundancy exercise (Rolls-Royce plc v Unite)

In Rolls-Royce plc v Unite, the Court of Appeal dismissed a discrimination iclaim objecting to a redundancy exercise which gave credit for length of...
14th May
News

Common intention need not be evidenced by outward expression of accord for rectification (Colorcon Ltd v Huckell)

In Colorcon Ltd v Huckell, the High Court held that rectification will only be granted if there is convincing proof, on the balance of probabilities,...
27th Apr
News

PO determination accepting jurisdiction for complaint which would have been time-barred in court (Ralph 27877/1)

Pensions analysis: The Pensions Ombudsman has ruled that poor advice that occurred more than 15 years previously was not time-barred from his...
31st Mar
News

PO determination where GN 16 certificate relevant to employer in making indexation decision (Algie and Harrop 24587/3, 71249/10)

Pensions analysis: The Pensions Ombudsman has upheld a complaint that an employer had wrongly refused to grant a discretionary pension increase...
20th Mar
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PO determination holding trustees personally liable for unlawful investment decisions (Adams M00358-370, 372-388, 390-429, M01171, 74839)

Pensions analysis: The Pensions Ombudsman has found trustees personally liable for over £525,000 of losses caused by improper investment decisions and...
11th Mar
News

National government must objectively justify default retirement age of 65 (the Heydey case)

In Incorporated Trustees of the National Council on Ageing (Age Concern England) v Secretary of State for Business, Enterprise And Regulatory Reform...
5th Mar
News

Crown guarantee exempting BT from PPF levy constitutes state aid and is illegal (BT Pension Guarantee)

In BT Pension Guarantee, the European Commission took the view that a statutory exemption for a trading entity from liability to pay Pension...
11th Feb
News

PO determination on failure of employer to tell member of right to apply for unreduced pension (Parr [23730/1])

Pensions analysis: In Parr [23730/1], the Deputy Pensions Ombudsman partially upheld a complaint from a deferred member of an occupational pension...
9th Feb
News

Pension credit member given incorrect information as to when benefits could be taken is maladministration (72577)

Pensions analysis: The Pensions Ombudsman rejected a complaint that a pension credit member was entitled to take her benefits at age 60 in the...
26th Jan
News

PO determination where no Ombudsman power to award interest as compensation for late payment (Riddell 72726)

Pensions analysis: The Deputy Pensions Ombudsman has dismissed a complaint that a member of a public service pension scheme was entitled to interest...
26th Jan
News

PO determination requiring trustees to reconsider discretion (Earle 76674/1)

Pensions analysis: In Earle (76674/1), the Pensions Ombudsman upheld a complaint brought by the widow of a deceased member that the trustees of her...
4th Jan
News

No equalisation by unsigned announcement (Capital Cranfield Trustees Ltd v Beck)

In Capital Cranfield Trustees Ltd v Beck (In the matter of the AC Skelton Pension & Life Assurance Scheme), the High Court considered whether an...
19th Dec
News

PO determination on transfer delay being maladministration even if within statutory timeframe (Quest S00483)

Pensions analysis: In Quest [S00483], the Pensions Ombudsman upheld a complaint from a member of the Local Government Pension Scheme that delays on...
3rd Dec
News

Scheme rules should be construed in a way which does not conflict with legislation (Allied Domecq (Holdings) Ltd v Allied Domecq First Pension Trust Ltd)

In this Court of Appeal case the Court concluded that under the scheme rules the actuary determined the period for restoring the scheme to solvency...
16th Oct
News

PO determination on correct approach where ‘incapacity’ not defined (Betts [P00143])

Pensions analysis: In Betts [P00143], the Pensions Ombudsman partly upheld a complaint from a member of an occupational pension scheme who had sought...
11th Sep
News

PO determination on employer promise amounting to an occupational pension scheme (Martin 72132)

Pensions analysis: In Martin (72132), the Pensions Ombudsman upheld a complaint brought by a pensioner that her former employer had sought improperly...
9th Sep
News

Limitation period started running from date of pension transfer (Shore v Sedgwick Financial Services Ltd)

In Shore v Sedgwick Financial Services Ltd, the Court of Appeal dismissed an appeal from an individual who brought claims for damages in 2005 against...
23rd Jul
News

PO determination on trustee liability for unlawful employer loan (Lawrence Graham Trust Corp Q00623)

Pensions analysis: In Lawrence Graham Trust Corporation (Q00623), the Pensions Ombudsman upheld a complaint that a board of trustees of an...
9th Jul
News

Risk of an unfair trial in the natural forum of a dispute may be grounds to grant permission for service out of the jurisdiction (News, 4 July 2008)

Service out of the jurisdiction might be permitted even when England is not the natural forum for the dispute, if it is in the interests of justice,...
4th Jul

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Popular documents

Scotland—the process for applying for sequestration

Scotland—the process for applying for sequestrationSequestration in Scotland is the legal process by which an insolvent debtor’s estate is gathered in, realised and then distributed among their creditors by a trustee appointed for that purpose. The process requires that a formal award of

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a

Contributory negligence in personal injury claims

Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a

Where are misrepresentations made? Jurisdictional traps for the unwary (Bellmare Holdings Ltd v Wells)

Dispute Resolution analysis: The High Court has provided concise guidance as to how misrepresentation should be analysed when considering jurisdictional gateways. Under Article 5(3) of the Lugano Convention, in negligent misstatement cases, the place of the event giving rise to damage is normally