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Forcing payment from trustees as a result of a misrepresentation
- Herbert Smith Freehills LLP
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- United Kingdom
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- 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
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- United Kingdom
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- 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
FSD determination affecting Lehman Brothers scheme
- Herbert Smith Freehills LLP
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- United Kingdom
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- 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
Court of Appeal considers the meaning of "money purchase benefits" in Bridge Trustees v Yates
- Herbert Smith Freehills LLP
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- United Kingdom
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- 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 Session rules on the characteristics of a deed under Scottish law in the context of an equalisation amendment
- Herbert Smith Freehills LLP
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- United Kingdom
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- May 6 2010
Low & Bonar PLC and Low & Bonar Pension Trustees Limited v Mercer Limited also concerned a purported scheme amendment to equalise normal retirement ages (from age 60 for women and 65 for men, to age 65 for both sexes
High Court holds that an announcement was ineffective to validly equalise normal retirement agesbut ambiguous wording in a deed of amendment can be interpreted in the context of the rules as a whole
- Herbert Smith Freehills LLP
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- United Kingdom
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- May 6 2010
Independent Trustee Services Limited and the Trustees of the Holbourn Group Pension Scheme v Knell concerned the interpretation of an amendment to the rules of the Holbourn Group Pension Scheme
Advocate General concludes that qualifying periods can restrict freedom of movement
- Herbert Smith Freehills LLP
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- European Union, United Kingdom
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- December 3 2010
Employers who transfer employees between member states may need to consider how to ensure that members' benefits are not adversely affected by the transfer in light of a decision of the Advocate General in Maurits Casteels v British Airways plc (C-37909
Ombudsman holds that failing to highlight a key assumption in a benefit quotation can constitute maladministration
- Herbert Smith Freehills LLP
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- United Kingdom
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- December 3 2010
In Mellodey, a member complained that that the trustees of the Kodak Pension Plan gave him incorrect information regarding his benefits, on which he relied to his detriment, both at the point he left service (in 1989) and subsequently (in 2005, just prior to retirement
EAT suggests that in some circumstances costs may be a ground to justify any age discrimination
- Herbert Smith Freehills LLP
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- United Kingdom
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- December 3 2010
In Woodcock v Cumbria Primary Care Trust the Employment Appeal Tribunal (in upholding the Employment Tribunal's original finding) suggested that it might be possible for costs alone to be used to justify age discrimination
Court of Appeal publishes judgment in IMG v German
- Herbert Smith Freehills LLP
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- United Kingdom
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- 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
Current Search
- Workarea - Litigation
- Jurisdiction - United Kingdom
- Firm Name - Herbert Smith Freehills LLP
- Author - Daniel Schaffer
- Author - Susanne Wilkins