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Civil partnership: Employment Tribunal awards full pension rights

Nabarro LLP
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United Kingdom
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January 30 2013

In Innospec v Walker the Employment Tribunal (ET) has held that the provision in the Equality Act 2010 restricting the requirement to backdate

Calculating pension loss: EAT says ‘pick and mix’ sometimes permissible

Nabarro LLP
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United Kingdom
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December 16 2011

The Employment Appeal Tribunal has commented that, whilst an employment tribunal is not to be encouraged to adopt a ‘pick and mix’ approach to calculating pension loss, it may do so provided that it does so for cogent and credible reasons; it states what those reasons are; and the interests of justice require this approach

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

First contribution notice finally issued

Nabarro LLP
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United Kingdom
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June 28 2011

The Regulator has issued a contribution notice (CN) against Michel Van de Wiele NV (VdW), which had referred to the Upper Tribunal the decision of the Regulator’s Determinations Panel to impose a CN of £5.089m in relation to Bonas (a subsidiary of VdW and the scheme’s principal employer

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

Another victory for the UK Pensions Regulator: FSDs granted “super-priority” status in English insolvency proceedings

Nabarro LLP
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United Kingdom
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March 30 2011

In previous issues of TransAtlantic, we reported that the UK Pensions Regulator had issued contribution notices (CNs) and financial support directions (FSDs) against insolvent companies in the Nortel and Lehman Brothers groups

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"