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Results: 1-10 of 36

Supreme Court to hear appeal from the Court of Appeal's decision in Pitt v Holt; Futter v Futter

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • August 5 2011

The Supreme Court Appeal Panel has given permission to appeal against the decision of the Court of Appeal in the cases of Pitt and another v Holt and another; Futter and another v Futter and others 2011 EWCA Civ 197 (on unravelling trustees' actions that have led to unexpected consequences

A round up of pensions developments

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • September 3 2012

The Regulator has recently published updated step-by-step guidance on the auto-enrolment regime following recent regulations and DWP guidance

Forcing payment from trustees as a result of a misrepresentation

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • October 7 2010

In our e-bulletin of 27 August 2010, we looked at estoppel based on a change of position as a defence to a trustee claim for over-payment to a scheme member

Court of Appeal upholds “no detriment” guarantee against subsequent employer

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • December 3 2010

In Robert Whitney v Monster Worldwide Limited, the Court of Appeal upheld an earlier decision by the High Court that "no detriment" assurances given to an employee by a previous employer following closure of its final salary scheme amounted to a binding guarantee that could be enforced even against a subsequent employer

Payments to employees on TUPE transfer may be taxable

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • February 1 2011

Payments made to employees on the transfer of a business may be taxable where they are deemed to be related to employment following the decision by the Upper Tribunal in Kuehne & Nagle Drinks Logistics Ltd, Stott and Joyce v HMRC 2010 UKUT 457 (TCC

Pensions regulator withdraws threat of FSD

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • July 15 2011

The Pensions Regulator announced this week that it will not pursue action to impose a Financial Support Direction against US company, Chemtura Corporation and members of its group after a funding settlement, involving the payment of expedited contributions to the pension scheme of its UK subsidiary, was reached with the scheme's trustees

Scottish court rules that trustee claims are admissible in the winding up of an insolvent participating employer

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • February 1 2011

A claim by trustees against an insolvent participating employer (who has ceased to participate in the pension scheme) for its share of the scheme deficit is a contingent obligation at the date of winding up and is admissible in the winding-up

Court of Appeal considers the meaning of "money purchase benefits" in Bridge Trustees v Yates

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 17 2010

In Houldsworth v Bridge Trustees and the Department for Work and Pensions (the appeal stage of Bridge Trustees v Yates), the Court of Appeal had to consider whether certain unusual benefits should be classified as money purchase benefits on a winding-up

Court of Appeal publishes judgment in IMG v German

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • December 8 2010

Following its decision in IMG v German in June 2010, the Court of Appeal published its full judgment on 1 December 2010

FSD determination affecting Lehman Brothers scheme

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • September 30 2010

On 17 September, the Pension Regulator's Determinations Panel announced that it had issued a determination that six companies within the Lehman Brothers group (including the group's main operating companies in the UK as well as the US parent Lehman Brothers Holding Inc.) should provide financial support to the Lehman Brothers Pension Scheme

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