IDS Pensions Law Reports Annual Index 2002
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R v The Executive Counsel of the Joint Disciplinary Scheme, ex Parte Land & ors
Professional services disciplinary scheme - The fact of investigation on civil proceedings - Risk of serious prejudice - Balance between prejudice to those subject to investigation and public interest

Professional services disciplinary scheme - The fact of investigation on civil proceedings - Risk of serious prejudice - Balance between prejudice to those subject to investigation and public interest

Countrywide Assured Group plc & ors v Marshall & ors
Indemnity insurance - Pensions mis-selling - Width of indemnity

Indemnity insurance - Pensions mis-selling - Width of indemnity

Britannic Asset Management Ltd & ors v The Pensions Ombudsman
Occupational pension scheme - Complaints of maladministration - Fraud by trustees - Disinvestment from the scheme - Pension Schemes Act 1993, s146 - The Personal Occupational Pension Schemes (Pensions Ombudsman) Regulations 1996 (SI 1996 No 2475)

Occupational pension scheme - Complaints of maladministration - Fraud by trustees - Disinvestment from the scheme - Pension Schemes Act 1993, s146 - The Personal Occupational Pension Schemes (Pensions Ombudsman) Regulations 1996 (SI 1996 No 2475)

Primavera v Allied Dunbar Assurance plc
Professional negligence - Misrepresentation - Causation - Tax-free lump sums - Compensation for fund shortfall - Assessment, mitigation and crystallisation of loss

Professional negligence - Misrepresentation - Causation - Tax-free lump sums - Compensation for fund shortfall - Assessment, mitigation and crystallisation of loss

Board of Management of the Bank of New Zealand Officers' Provident Association v McDonald & ors
(Court of Appeal and High Court of New Zealand)
Retrospective rule changes - Paying fund assets to ex-members - Providing retrospective benefits to current and future members

(Court of Appeal and High Court of New Zealand)Retrospective rule changes - Paying fund assets to ex-members - Providing retrospective benefits to current and future members

Rolf Dieter Danner
Freedom to provide services - Restricting the deductibility for income tax of voluntary pension insurance contributions to foreign pension insurance institutions - The principle in Bachman, Commission v Belgium and Safir revisited

Freedom to provide services - Restricting the deductibility for income tax of voluntary pension insurance contributions to foreign pension insurance institutions - The principle in Bachman, Commission v Belgium and Safir revisited

Pirkko Niemi
Social policy - National law - Equal treatment - Sex Discrimination - Application of Article 141 of the EC Treaty Directive 79/7/EEC - Concept of 'pay' - Retirement pension scheme for public servants

Social policy - National law - Equal treatment - Sex Discrimination - Application of Article 141 of the EC Treaty Directive 79/7/EEC - Concept of 'pay' - Retirement pension scheme for public servants

Preston & ors v Wolverhampton Healthcare
Indirect sex discrimination - Access to occupational pension schemes - Test cases - Disproportionate impact - Burden of proof - Male applicants' position where only female applicants previously succeeded - Transfer of undertakings - When does time run - Overarching pension scheme - Opting-out - Effect on claims - Power of Tribunal - Declaration of access - A stable employment relationship

Indirect sex discrimination - Access to occupational pension schemes - Test cases - Disproportionate impact - Burden of proof - Male applicants' position where only female applicants previously succeeded - Transfer of undertakings - When does time run - Overarching pension scheme - Opting-out - Effect on claims - Power of Tribunal - Declaration of access - A stable employment relationship

Venables v Hornby
Meaning of retirement - Effective payments made in breach of trust - Constructive resulting trust

Meaning of retirement - Effective payments made in breach of trust - Constructive resulting trust

Rowe v Sanders
Protection of pension rights on bankruptcy - Automatic vesting - Destination of annuity under occupational pension scheme - Infraction of human rights

Protection of pension rights on bankruptcy - Automatic vesting - Destination of annuity under occupational pension scheme - Infraction of human rights

Woodland-Ferrari v UCL Group Retirement Benefits Scheme
Statutory demand - Breach of trust committed before date of bankruptcy order - Discharge from bankruptcy debt including breaches of trust - Insolvency Act 1986, s281

Statutory demand - Breach of trust committed before date of bankruptcy order - Discharge from bankruptcy debt including breaches of trust - Insolvency Act 1986, s281

Redrow plc v Pedley & ors
Interpretation of pension provision - Relevancy of fiscal background - Estoppel by convention

Interpretation of pension provision - Relevancy of fiscal background - Estoppel by convention

C Allen
Trustees - Giving reasons - Duty to disclose - Maladministration

Trustees - Giving reasons - Duty to disclose - Maladministration

Bradstock Group Pension Scheme Trustees Ltd v Bradstock Group plc & ors
Pensions Act 1995 s75 - Statutory minimum funding requirement - Compromise of a statutory debt

Pensions Act 1995 s75 - Statutory minimum funding requirement - Compromise of a statutory debt

RE Owens Corning Fibreglass (UK) Ltd
Rule 8.2A of CPR - Failing to identify respondent - Part 8 claim

Rule 8.2A of CPR - Failing to identify respondent - Part 8 claim

Inland Revenue Commissioners v Trustees of the Sema Group Pension Scheme
Occupational pension scheme - Tax credit - Rules relating to investment - Ordinary course of investment - Normality of return of tax credit

Occupational pension scheme - Tax credit - Rules relating to investment - Ordinary course of investment - Normality of return of tax credit

Hoover v Hetherington & anor
Early retirement - Meaning of 'retires' - Comapny consent - Limitations on same - Reliance - Duty of good faith and confidence

Early retirement - Meaning of 'retires' - Comapny consent - Limitations on same - Reliance - Duty of good faith and confidence

Beckman v Dynamco Whichloe MacFarlane Ltd
Transfer of undertakings - Interpretation of Article 3 of Directive 77/187/EEC and the meaning of 'old-age, invalidity of survivors' benefits'

Transfer of undertakings - Interpretation of Article 3 of Directive 77/187/EEC and the meaning of 'old-age, invalidity of survivors' benefits'

Silvey v Pendragon plc
Question of importance of loss of pension rights following wrongful dismissal - Remoteness - Effect of accepting payment in lieu of notice

Question of importance of loss of pension rights following wrongful dismissal - Remoteness - Effect of accepting payment in lieu of notice

British Airways Pension Trustees Ltd & anor v British Airways plc & ors
Construction of pension trust deed - Potential for repayment of surplus assets - Making of 'scheme' for disposal of surplus

Construction of pension trust deed - Potential for repayment of surplus assets - Making of 'scheme' for disposal of surplus

The Trustees of Uppingham School & anor v Shillcock
Pensions ombudsman - Indirect sex discrimination - Non admission of employees who earn below lower earnings level - Pension Schemes Act 1993, s118 - Pensions Act 1995, s62

Pensions ombudsman - Indirect sex discrimination - Non admission of employees who earn below lower earnings level - Pension Schemes Act 1993, s118 - Pensions Act 1995, s62

S v S (Rescission of decree nisi: pension sharing provision)
Rescission of decree nisi - Creation of context for pension sharing order - Consent order - Facilitation of clean break

Rescission of decree nisi - Creation of context for pension sharing order - Consent order - Facilitation of clean break

Winterthur Life UK Ltd v The Commissioners of Customs & Excise
Self-invested personal pensions - Administration of management services - Exempt services - Definition of 'insurance agent' - Article 13B(a) Council Directive 77?388?EEC

Self-invested personal pensions - Administration of management services - Exempt services - Definition of 'insurance agent' - Article 13B(a) Council Directive 77?388?EEC

Re Casey's Film and Video Ltd: Lloyd v Casey & ors
Section 459 Companies Act 1985 - Unfair prejudice petition - Petitioner not required to be member when conduct complained of occurred - Payments into company pension scheme unfairly prejudicial

Section 459 Companies Act 1985 - Unfair prejudice petition - Petitioner not required to be member when conduct complained of occurred - Payments into company pension scheme unfairly prejudicial

Allan v Rea Brothers Trustees Ltd
Transfer payments - Breach of fiduciary duty - Resulting trust - Indemnity clause in trust deed - SSASs and pensioneer trustee

Transfer payments - Breach of fiduciary duty - Resulting trust - Indemnity clause in trust deed - SSASs and pensioneer trustee

Rolf Dieter Danner
Freedom to provide services - Restricting the deductibility for income tax of voluntary pension insurance contributions to foreign pension insurance institutions - Principle in Bachman and Commission v Belgium - Safir revisited

Freedom to provide services - Restricting the deductibility for income tax of voluntary pension insurance contributions to foreign pension insurance institutions - Principle in Bachman and Commission v Belgium - Safir revisited

Chessels & ors v British Telecommunications & ors
Pre-emptive cost orders - Representational orders - Representative capacity

Pre-emptive cost orders - Representational orders - Representative capacity

O'Neill v Industry-wide Coal Staff Superannuation Scheme Trustees Ltd & anor
Ill health - Meaning of provision in pension scheme - Benefit payable if employee unlikely to be able to carry on 'any duties which his employer may reasonably assign to him' - Duties properly so defined

Ill health - Meaning of provision in pension scheme - Benefit payable if employee unlikely to be able to carry on 'any duties which his employer may reasonably assign to him' - Duties properly so defined

Beckman v Dynamco Whicheloe MacFarlane Ltd
Transfer of undertakings - Article 1 of Directive 77/187 - Meaning of 'old age, invalidity or survivor's benefits'

Transfer of undertakings - Article 1 of Directive 77/187 - Meaning of 'old age, invalidity or survivor's benefits'

The Queen on the application of Legal General Assurance Ltd v Pensions Ombudsman
Permission for a judical review - Decision of Pensions Ombudsman - Extension of time to respond to preliminary conclusions

Permission for a judical review - Decision of Pensions Ombudsman - Extension of time to respond to preliminary conclusions

Trustees of the NUS Officials and Employees Superannuation Fund v Pensions Ombudsman & anor
Pensions Ombudsman - Meaning of maladministration - Effect of offer of increased salary - Implication of pensionable remuneration offered as non pensionable

Pensions Ombudsman - Meaning of maladministration - Effect of offer of increased salary - Implication of pensionable remuneration offered as non pensionable

McClelland & ors v Unisys New Zealand Ltd
Contributions - Liabilities to pay - Interpretation of contribution clause - Position following notice to terminate contribution

Contributions - Liabilities to pay - Interpretation of contribution clause - Position following notice to terminate contribution

Moore's (Wallisdown) Ltd v The Pensions Ombudsman & ors
Switch from final salary to money purchase - Interpretation of communication material - Pensions Ombudsman - Offer and acceptance - Maladministration

Switch from final salary to money purchase - Interpretation of communication material - Pensions Ombudsman - Offer and acceptance - Maladministration

Hagen & ors v ICI Chemicals & Polymers Ltd & ors
Transfer of undertaking - Transfer of pension rights - Effect of a communication to members by vendor - Responsibility of purchaser - Duty of vendor

Transfer of undertaking - Transfer of pension rights - Effect of a communication to members by vendor - Responsibility of purchaser - Duty of vendor

 

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