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Article

Herbert Smith Freehills LLP | United Kingdom | 8 Aug 2016

Professional trustees avoid liability for investment losses

The London High Court recently held in Daniel and another v Tee and others 2016 EWHC 1538 (Ch) that three professional trustees of a will trust

Article

Herbert Smith Freehills LLP | United Kingdom | 15 Jul 2016

Failure to comply with freezing orders leads to prison

In JSC Mezhdunarodniy Promyshlenniy Bank and Another v Pugachev 2016 EWHC 248 & 258 Ch (sentence) and 2016 EWHC 192 (Ch) (liability), the English

Article

Herbert Smith Freehills LLP | United Kingdom | 15 Nov 2011

The scope of non-invalidation clauses is tested in the courts

In the recent case of (1) The Seashell of Lisson Grove Ltd (2) Central Tax & Trustee Planning LLP (3) Andre Misso v Aviva Insurance Ltd & Ors 2011 EWHC 1761 (Comm), the Commercial Court considered the construction of certain policy terms upon which the insured sought to rely to avoid the ordinary consequences of a breach of warranty, misrepresentation and non-disclosure.

Article

Herbert Smith Freehills LLP | United Kingdom | 17 May 2011

High Court sets the bar high for challenging the employer's exercise of a discretionary power under the employer's implied duty of good faith

In Prudential Staff Pensions Ltd v The Prudential Assurance Company Ltd and others 2011 EWHC 960, the High Court has emphasised how difficult it is for pension scheme members to challenge the employer's exercise of a discretionary power under the employer's implied duty of good faith to members of its pension scheme - members must show that the employer's conduct was irrational or perverse so as to have seriously damaged the employer's relationship with the members.

Article

Herbert Smith Freehills LLP | United Kingdom | 14 Sep 2010

Investment regulations

Certain exemptions to the employer related investment regime will be removed with effect from 23 September 2010.

Article

Herbert Smith Freehills LLP | United Kingdom | 15 Sep 2009

Review of recent cases

The Summer has witnessed the publication of several interesting pensions cases, covering such issues as the status of a defined benefit pension within a remuneration package, the ambit of Trustee Act protection against claims by unknown beneficiaries and the extent to which scheme provisions should be interpreted purposively.

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