Pitt & ors v Holt & ors
Court of Appeal
Decisions by trustees – fiduciary powers – whether decision void or voidable where based on incorrect information – knowledge of tax law – whether decision based on competent legal advice may be seen as a breach of trust – mistake – use of powers – consideration of the so called rule in Hastings-Bass
Capita ATL Pension Trustees Limited & anor v Gellately
High Court (Chancery Division)
Part A claim form – directions concerning validity of purported amendments – declaration of trustees’ ability to administer scheme on the basis that only a particular class of members had more generous benefits as listed – equality between men and women – retirement ages – Benjamin order
Association Belge des Consommateurs Test-Achats ASBL & ors v Conseil des Ministres
European Court of Justice
Appropriate indicator for actuarial factors – sex based – whether such factors could be appropriate such as to determine the cost of insurance – equal treatment for men and women – access to supply of goods and services – effect for insurance premiums – Directive 2004/113/EC
Michel van de Wiele NV v The Pensions Regulator in the Matter of the Bonas Group Pension Scheme
Upper Tribunal (Tax and Chancery Chamber)
Preliminary point – preventing the Pensions Regulator from pursuing certain allegations and contentions – statement of case – directions regarding future conduct of reference – contribution notice – Section 38 Pensions Act 2004 – contrast to Financial Support Direction under Section 43
Capita ATL Pension Trustees Limited v Zurkinskas
High Court (Chancery Division)
Compromise — representation order — involvement of the Pension Protection Fund as interested party — method of addressing merits of compromise — powers of the Court
Singapore Airlines Ltd & anor v Bucks Consultants Ltd
High Court (Chancery Division)
Construction of rules of a pension scheme – inclusion or otherwise of certain employee payments as pensionable – definition of earnings.
Trustees of the Lithgows Limited Pension Scheme v The Board of the Pension Protection Fund
Court of Session (Inner House)
Appeal from PPF Ombudsman — the structure for setting PPF Levy — normal failure score —adoption of commercial calculations — human rights — Human Rights Act 1998 section 6
Bloom & ors v The Pension Regulator and Nortel Networks UK Pension Trust Limited & Ors
High Court (Chancery Division)
Pensions Regulator – effect of issuing Financial Support Direction – ranking in insolvency proceedings – whether provable as a debt – whether an expense of the administration or insolvency process?
Maurits Casteels v British Airways Plc
European Commission of Human Rights
Freedom of movement for workers – vesting rights – supplementary pension entitlements – employees with continuity of employer in successive establishments in different Member States – loss of pension entitlement as a result of migration – Articles 45 and 48 TFEU (Treaty on the Functioning of the European Union)
International Management Group (UK) Limited v German & anor
Court of Appeal
Preliminary point – effect of Section 91 of the Pensions Act 1995 – whether prevents parties from entering a compromise – whether court approval needed to sanction compromise – does compromise involve an unenforceable ‘surrender’ of inalienable pension entitlements or rights?
Whitney v Monster Worldwide Limited
Court of Appeal (Civil Division)
Contractual entitlement — contract for no detriment guarantee — transfer of employment — effect of TUPE considered.