Supreme Court:
  • Bloom v The Pensions Regulator

    • to be heard from 14 May 2013

This case relates to the priority of moral hazard power claims made by the Pensions regulator, but only issued after the target enters administration or liquidation. The Court of Appeal held that such claims had a ‘super priority’ as insolvency expenses.

  • Pitt v Holt
    • appeals were heard together on 14 March 2013

This case concerns two private (non-pensions) trusts, but deals with the circumstances in which a decision by trustees can be set aside if they did not consider all the relevant factors (the rule in Hastings-Bass). The Court of Appeal had cut down the circumstances in which a decision could be set aside. This decision is likely to apply to pension trustees as well.

Judgment from the Supreme Court is due on Thursday 9 May

Court of Appeal:
  • Trustees of the Lehman Brothers Pension Scheme v The Pensions Regulator
    • heard on 29 and 30 April 2013

This case relates to whether or not trustees should be parties to an appeal from the decision of the determinations panel of the Pensions Regulator to issue a financial support direction. The Upper Tribunal had held that the trustees could be parties.

  • Procter & Gamble v SCA
    • due to be heard on 9 or 10 July 2013

This case relates to the extent to which pension liabilities transfer under Tupe. The High Court had limited the liabilities which transferred.

High Court:
  • IBM v Dalgleish
    •  a six week hearing before Mr Justice Warren took place during February and March.

This case looks at the extent of the implied mutual duty of trust and confidence owed by the employer.