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Results: 1-10 of 43

A round up of pensions developments

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

The employer's duty of good faith has come under the spotlight recently in a number of pensions cases. T

A round up of pensions developments: October 2012

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 2 2012

The auto-enrolment requirements under the Pensions Act 2008 apply to "workers"

High Court considers the scope of the Pensions Ombudsman's jurisdiction

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • December 20 2012

In The Pensions Ombudsman v EMC Europe Limited and Others 2012 EWHC 3508 (Ch), the High Court has decided that the Pensions Ombudsman did not have

A round up of pensions developments: January 2013

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • February 4 2013

On 14 January 2013 the DWP published a White Paper entitled "The single-Tier pension: a simple foundation for saving". This was followed on 18

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

High Court holds that an attempt to equalise the scheme's NRD by using a power contained in the definition of NRD was invalid the general power of amendment should have been used

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • April 4 2011

Capita ATL Pension Trustees Ltd & Anor v Gellately & Ors 2011 EWHC 485 (Ch) involved an application by the scheme trustees to the court for directions in relation to a scheme whose amendment power gave the scheme's principal employer a power to amend the definitive deed by deed and the rules by board resolution or by deed; in either case, the trustees' consent was required to the amendment

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

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

IBM not in breach of its good faith duties to employees in refusing to consent to favourable early retirement terms for deferred members

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • January 7 2013

In IBM United Kingdom Pensions Trust Ltd v IBM United Kingdom Holdings Ltd and others 2012 EWHC 3540 (Ch), the High Court has handed down a supplemental

Court of Appeal rules on enforceability of compromise agreements which cover pension terms

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • July 6 2010

We understand that the Court of Appeal has confirmed that section 91 Pensions Act 1995, which prohibits the assignment, commutation or surrender of a "right to a future pension", "does not present an obstacle to reaching a binding bona fide compromise of a bona fide dispute"

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