Court of Appeal confirms PPF compensation cap is unlawful

In an appeal brought by the Secretary of State for Work & Pensions and The Board of the Pension Protection Fund (PPF), the Court of Appeal has endorsed the PPF’s proposed approach to implementing the Court of Justice of the European Union’s (CJEU’s) decision in Hampshire v Board of the PPF, overturning the decision of … Read more

Court Of Appeal gives “natural meaning” to Britvic’s Pension Increase Rule

Introduction In Britvic Plc v Britvic Pensions Limited [2021] EWCA Civ 867, the Court of Appeal unanimously allowed the appeal brought by the appellant employer (Britvic) against the decision of the High Court, holding that the words “or any other rate decided by the Principal Employer” in the pension increases provision in the Rules of … Read more

Pensions Planner – June 2021

Our latest Pensions Planner is here. The Planner and our handy timeline will help you keep up to date with the latest developments in pensions law and practice and help you identify the key pensions issues that your scheme or organisation needs to address in the coming months. The latest edition covers: The Pensions Regulator’s … Read more

Pension Disputes Bulletin – May 2021

Welcome to the latest edition of our pension disputes bulletin. In this edition we cover: the Pension Regulator’s draft policy on policing the new pensions criminal offences recent cases on transfers, scams and rectification new regulatory guidance on assisting members with financial matters guidance from the Ombudsman on appointing IFAs and signposting members, and the … Read more

Ombudsman expects providers to update processes within “approximately one month” of new scams guidance

In a recent determination (PO-24554), the Pensions Ombudsman has indicated that it would generally expect pension providers to update their transfer processes, due diligence checks and member communications within “approximately one month” of new regulatory guidance being issued. This is significantly less than the three month period the Ombudsman has indicated would be acceptable in … Read more

Can the Pensions Regulator compel a non-UK entity to provide information?

In its recent judgment in R (on the application of KBR, Inc) v Director of the Serious Fraud Office [2021] UKSC 2, the Supreme Court unanimously held that the information gathering powers granted to the Serious Fraud Office (SFO) under section 2(3) of the Criminal Justice Act 1987 (CJA 1987) did not have extraterritorial effect, … Read more

New and evolving pension risks in 2021

2020 was undoubtedly an unprecedented year, dominated of course by the impact of Covid-19 and here in the UK, by the preparations for Brexit. The year may (finally) be over, however, these themes are likely to continue to dominate the agenda in 2021. Nevertheless, with vaccines being rolled out and a Brexit deal agreed, there … Read more