Warnings have appeared in the legal press that pension schemes may be losing out on damages awarded by US courts in relation to successful class actions unless they have a framework in place to recover any such proceeds awarded. There are concerns that trustees could even be in breach of their fiduciary duty if they were ignorant of the fact that a class action had been launched against a company in which they had invested. Class actions are highly relevant because many schemes have made direct or indirect investments in US companies.