IDS Pensions Law Reports Annual Index 2009
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Independent Trustee Services Limited v Hope & ors
High Court (Chancery Division)
Securing benefits in relation to a potential PPF entrant scheme – allocation of assets – relevancy of PPF in trustee decision making – relevancy of the EU Insolvency Directive 

The Queen on the Application of Age UK v Secretary of State for Business, Innovation & Skills & anor
High Court (Queen’s Bench Division)
Legality of compulsory retirement age – European Council Directive 2000/78/EC – enabling Employment Equality (Age) Regulations – use of Parliamentary materials – direct and indirect discrimination – setting a designated retirement age

Booth v Oldham MBC
Court of Appeal (Civil Division)
Early retirement pension – local government scheme – failure to use appropriate dispute procedure – review of ill health decision

Walker Morris Trustees Ltd v Masterson & anor
High Court (Chancery Division)
Validity of pension scheme amendments – restriction in power of amendment – obtaining actuarial opinion – effect of absence – effect of irregular execution of deeds

Somerset County Council & anor v Pike
Court of Appeal
Equal treatment – comparative group – identification of appropriate group

Musawi v Bevis Trustees Limited & ors
High Court (Chancery Division)
Appeal from Pensions Ombudsman – maladministration – extent of trustee power to arrange buy out – disclosure of terms – application if any of Article 14 ECHR

Headway plc v Easterly Limited
Court of Appeal
Winding up of the scheme - absence of insolvency event - scheme deficit - computing debt for the purpose of s75 Pensions Act 1995 - arrangement to maximise debt - effect of s73 Pensions Act 1995 - issues relating to GMPs - effect of arrangement put in place by trustee

PNPF Trust Company Limited v Taylor & ors
High Court (Chancery Division)
Representation orders - application to be joined as defendant - consideration of issues - CPR Rule 64 - discretion to add a new party - CPR 19

MCP Pension Trustees Limited v AON
High Court (Chancery Division)
Preliminary issue - effect of section 27 of the Trustee Act 1925 - application to pension scheme trustees - protection by means of advertisement - necessary not to have notice - meaning - different from knowledge

Foster Wheeler Limited v Hanley & ors
Court of Appeal
Equalisation - further thought on effect of Barber judgment on retirement age - effect of ss 62-65 Pensions Act 1995 on equal treatment - split retirement ages - reduction of benefits for early receipt

Secretary of State for Work & Pensions v Yates
Court of Appeal
Entitlement to 'Category B' retirement pensions and Graduated Retirement Benefits - the applicability to those outside the jurisdiction - widows and spouses - calculation dates

Head v Social Security Commissioner
High Court (Queen's Bench Division)
Calculation of SERPS - relevancy of earnings factors to deduction in relation to period where GMP entitlement also arose - correct basis for reduction of Category A retirement pension - power of Court in relation to judicial review of decision by Social Security Commissioner not to allow leave to appeal

Colorcon Ltd v Huckell & ors
High Court (Chancery Division)
Claim for summary judgment - CPR24.2 - order for rectification - defined benefit occupational pension scheme
Adams & ors v Bridge & ors In re: ES Group Pension Scheme

Pensions Ombudsman (Determination) 2009
Investment - seeking of advice - extent of exoneration clause - effective overriding legislation (ss 33-36 of the Pensions Act 1995) - measure of damage

Thorpe v HMRC
High Court (Chancery Division)
Assessment of tax - rule in Saunders v Vautier - personal income tax assessment under schedule E - withdrawal of approval under s591B(1) ICTA - effect of repayment of sum paid from a pension scheme in breach of trust

Slattery v Cabinet Office Civil Service Pensions & HMRC
High Court (Chancery Division)
Appeal against Deputy Pensions Ombudsman - effect of Pension Sharing Order (PSO) - exact meaning of division of cash equivalent transfer value - whether division arose in relation to benefits at the time or further benefits in circumstances where effect of Order would not be to advantage the recipient of the PSO

The Incorporated Trustees for The National Council on Ageing (Age Concern England) v Secretary of State for Business, Enterprise and Regulatory Reform
European Court of Justice
Age discrimination - Directive 2000/78 (Equal Treatment in Employment and Occupation) - justification for retention of retirement age as a potential reason for dismissal - applicability of Directive - differences between direct and indirect discrimination

Roberts v Aegon UK Corporate Services Limited
Employment Appeal Tribunal
Compensation for unfair dismissal - loss of pension rights - continuation beyond loss of earnings - differentiation as between defined benefit and defined contribution pension schemes

R (on the application of Richard Parish) v The Pensions Ombudsman
High Court (Queen's Bench Division)
Pensions Ombudsman's jurisdiction - Pension Schemes Act 1993 ss 145 and 146 - whether judicial review proceedings disposed of issue before Pensions Ombudsman - effect of employment tribunal decision

Kemp v Sims & anor
High Court (Chancery Division)
Appeal from decision of Pensions Ombudsman - breach of trust - provenance of and ownership of demutualisation payment - propriety of payment to employer

Capital Cranfield Trustees Limited v Beck & anor
High Court (Chancery Division)
Construction of pension scheme rules - meaning of Normal Retiring Date - effect of Announcement

Foster Wheeler Limited v Hanley & ors
High Court (Chancery Division)
Barber corridor - whether implementation of solution flawed - capped service - effect of company discretion - early retirement - whether mixed Barber and non-Barber retirement income can be based on split periods of service or whether entire amount must be paid unreduced

Hamilton v Monmouthshire County Council & anor
High Court (Chancery Division)
Local Government Pension Scheme - claim for ill-health retirement - time that member becomes entitled to benefits - whether can be back-dated prior to date of election by member

Wade v Active Navigation Limited
High Court (Chancery Division)
Death-in-service provision - failure of insurer to go on risk - potential for employer to hold responsibility - potential breach of trust - potential vicarious liability for negligent act of internal administration

Allan v Johnson Controls Automotive (UK) Ltd
Court of Appeal
Oral agreement - decision by High Court contrary to position of Appellant - basis for appeal

Easterly Limited v Headway plc
High Court (Chancery Division)
Winding up of a scheme - absence of insolvency event - scheme deficit - computing debt for the purpose of section 75 Pensions Act 1995 - arrangement to maximise debt - effect of same

 

 

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