News & Events
News & Events
Bianca Venkata has recently been published in Lexis Nexis® PSL. Her article provides a short overview of the proposed amendments of Department of Health and Social Care (DHSC) to the National Health Service Pension Scheme Regulations 1995 (1995 Regs). On the 5th December 2022, DHSC launched a consultation regarding proposed amendments to the 1995 regulations. The background to the consultation was a desire to make it more attractive for NHS employees to work for longer and thereby reduce NHS waiting times and retain the skills and knowledge of experienced NHS employees. The key reform proposals include allowing pensionable re-employment for retired members of the 1995 Scheme, allowing partial retirement for members who wish to continue working while reducing their hours and drawing…
Legal Blog & Publications, Employment, Pensions 22 May, 2023
We are delighted to announce that Andrew Short KC has been shortlisted for ‘Barrister of the Year’ at The Lawyer Awards 2023. The Lawyer Awards have been the ultimate stage for legal mastery in the UK, honouring top-notch lawyers and powerhouse firms across diverse areas. Andrew Short KC’s practice centres on pensions, employment, and general commercial work. He has acted in many of the leading employment cases relating to discrimination in pay and pensions, including Abdulla v Birmingham City Council, Brierley v Asda, McCloud v Lord Chancellor, and Sargeant v LFEPA. His recent notable pensions cases have included the landmark case of Lloyds Banking Group Pension Trustees Ltd v Lloyds Bank [2030] EWHC 3135 (Ch), Britvic PLC v Britvic Pensions Ltd & Mohun [2021] EWCA Civ 867 and…
News, Employment, Pensions 5 May, 2023
Bianca Venkata has recently been published in Lexis Nexis® PSL. Her article looks at The Public Service Pensions and Judicial Offices Act 2022 and is available now online. Public Service Pensions and Judicial Offices Act 2022 (PSPJOA 2022) was given Royal Assent on 10 March 2022. Following a detailed report on the need to reform public sector pensions, the ruling in the McCloud and Sargeant case, a cost control valuation, and a review conducted by the Senior Salaries Review Body, the government introduced the PSPJOA 2022. The key measures, including the removal of discriminatory transitional provisions and of the final salary link, alongside the introduction of the cost control mechanism have meant public sector pension schemes are arguably fairer. In…
Legal Blog & Publications, Pensions 13 Jun, 2022
Andrew Short QC, David E. Grant QC, Helen Pugh and Gus Baker, of Outer Temple’s Pensions and Commercial team, have been instructed in a landmark multiple derivative and ESG case. In this case two members of one of the largest pension schemes in the UK made a novel attempt to obtain the court’s permission to bring a derivative claim against the directors of the corporate trustee of the pension scheme. In a detailed judgment dismissing the application, Mr Justice Leech provides welcome clarification on the test to be applied to multiple derivative actions. Such actions continue to be governed by the Foss v Harbottle common law test in contrast to single derivative actions which are now governed by the Companies Act 2006. Further, in one…
Commercial, News, Pensions 25 May, 2022
Lydia Seymour has been asked to write an Opinion for the LGPS Scheme Advisory Board on the issue of whether local authorities need to offer a sharia-compliant alternative to the Local Government Pension Scheme. A number of LGPS member authorities had observed that some employees were opting out of the LGPS on the basis of their religious belief, particularly people of the Muslim faith who were concerned that LGPS funds/investments were not Sharia-compliant. At present there is no alternative pension provision from these employers other than the LGPS. The board therefore commissioned a report and asked Lydia to advise on the risk of a successful claim for discrimination or human rights challenge from an employee complaining of a failure by…
Judgment was recently handed down by the High Court in Univar v Smith & Ors. Michael Uberoi’s article looking at some of the key issues in the judgment has been published in Practical Law (Pensions). Univar v Smith & Ors [2020] EWHC 1596 (Ch) was the first contested application for the rectification of pension scheme documentation for over eight years, and was also the first judgment by the High Court to apply the Court of Appeal’s new, subjective test for rectification, as declared by Leggatt LJ in FSHC Group Holdings Ltd v GLAS [2019] EWCA Civ 1361. The 15 day trial involved cross-examination of over a dozen trustee and company witnesses who were the relevant decision-makers for the scrutinised Deed,…
Legal Blog & Publications, News, Pensions, Pensions 11 Sep, 2020
Chloë Bell has successfully provided pro bono representation before the Financial Ombudsman through Advocate, the Bar’s national charity for free legal assistance from volunteer barristers. Chloë Bell has provided pro bono representation to an individual who suffered a shortfall in a pension transfer quotation due to negligent advice and services provided by his financial advisors. The individual’s advisors sent incorrect documentation to the entity responsible for providing the quotation. When the correct documentation was eventually provided the original quotation had expired and the individual’s guaranteed minimum value quotation was lower. Representation was provided (through Advocate) before the Financial Ombudsman. Chloë provided submissions on the contractual and tortious duties owed by the financial advisors, the breach of those duties and the…
On 13 July 2020 the Court of Appeal handed down its second judgment in Safeway Ltd v Newton (previously [2017] EWCA Civ 1482]) concerning the date on which the Normal Pension Ages applicable under the Safeway Pension Scheme were equalised at 65. Safeway Limited v 1) Andrew Newton 2) SPTL [2020] EWCA Civ 869: equalisation pursuant to section 62 Pensions Act 1995 The Court of Appeal held that section 62 Pensions Act 1995 went further than Article 119 of the Treaty of Rome and was an effective measure to close the Barber window. The Background On 1 December 1991 it was announced to Scheme members that Normal Pension Ages (NPAs) would henceforth be 65 years for men and women. On…
Commercial, News, Pensions 13 Jul, 2020
Practical tips for remote hearings and electronic bundles – Nicholas Hill reflects on a seven-day trial by Skype in the Lloyds GMP litigation. Nicholas Hill recently acted, led by Andrew Short QC, and instructed by Ivan Walker of Walkers, for the Eighth Defendant in the second substantive trial in the Lloyds Banking Group Pension Trustees Limited GMP litigation. The 2018 Judgment [2018] EWHC 2839 (Ch) confirmed that pension scheme trustees are required to adjust non-GMP benefits to equalise overall scheme benefits. The proceedings earlier this month concern the impact of the equalisation obligation on transfers out. Judgment is awaited. Nick sets out some practical tips and observations about the use and impact of technology adopted in the recent trial. In the…
Legal Blog & Publications, News, Pensions 26 May, 2020
Adams v Options SIPP UK LLP (formerly Carey Pensions UK LLP); Nicholas Hill comments on the Judgment two years in the making: clarity and relief for SIPP operators and execution only financial services businesses. In March 2018 the Chancery Division heard the high-profile test case on the liability of Carey Pensions UK LLP, a provider and administrator of self-invested pension plans (SIPPs), to the Claimant investor, whose underlying investments were alleged to have been manifestly unsuitable. A little over two years later Judgment has finally been handed down. The SIPP industry (and indeed a wide range of institutions conducting business on an execution-only basis) will welcome the Judgment. Case Note Nicholas Hill has written a short case note considering the Judgment…
Legal Blog & Publications, Financial Services 21 May, 2020
