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Pension schemes as super-creditors: Court of Appeal rules in Nortel and Lehman Brothers
- Nabarro LLP
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- United Kingdom
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- November 29 2011
This appeal was brought by the insolvency practitioners dealing with the Nortel and Lehman Brothers companies
Incomplete scheme amendment: High Court offers a lifeline
- Nabarro LLP
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- United Kingdom
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- November 29 2011
There have been a number of recent cases where the courts have been very strict in requiring trustees and employers to follow the procedural requirements of the scheme’s amendment power to the letter
Pensions ombudsman: reminded of his investigative powers
- Nabarro LLP
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- United Kingdom
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- July 28 2011
The court system in England and Wales is generally adversarial rather than inquisitorial meaning that if a party wants a point considered by the court the onus is on him to raise the issue himself (or to rely on his lawyer to do so on his behalf
Stop press: Supreme Court rules on meaning of “money purchase scheme”
- Nabarro LLP
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- United Kingdom
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- July 28 2011
The Supreme Court has thrown the DWP into a summer spin with its judgment in the case of Houldsworth v Bridge Trustees 2011 UKSC 42
Employer entitled to act in its own interests: Prudential pensioners fail in claim for inflation-proofing
- Nabarro LLP
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- United Kingdom
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- May 25 2011
The High Court has given judgment in the Prudential case concerning a decision to change the basis of future pension increases
Overturning trustee decisions: after Hastings-Bass
- Nabarro LLP
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- United Kingdom
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- March 25 2011
Those attempting to reverse a decision of trustees have, since 1975, invoked "the rule in Hastings-Bass"
Ineffective equalisation: the importance of the power of amendment
- Nabarro LLP
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- United Kingdom
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- March 25 2011
A cautionary tale from the High Court concerning a failed equalisation in the Sea Containers Scheme - and an attempt to avoid the strict requirements of the amendment power
Sex based annuity rates: outlawed from December 2012
- Nabarro LLP
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- European Union, United Kingdom
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- March 25 2011
The Court of Justice of the European Union has followed the Opinion of the Advocate-General in the case of Test-Achats (reported in the October 2010 Pensions update) and concluded that the current derogation from the requirement not to discriminate on the grounds of sex in relation to insurance premiums is to be removed from 21 December 2012
Contribution Notices: legal challenge to the first CN
- Nabarro LLP
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- United Kingdom
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- January 28 2011
In the July Pensions update we reported on the decision of the Determinations Panel of the Pensions Regulator to issue the first ever Contribution Notice (CN
Settlement of claims: role of the PPF
- Nabarro LLP
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- United Kingdom
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- January 28 2011
The recent High Court decision in Capita v Zurkinskas is the latest stage in the long running Sea Containers case
