Archive for December, 2011

Avoiding pensions litigation: written instructions to advisers

Tuesday, 20 December 2011

I recently gave an Allen & Overy client seminar about avoiding some of the most common causes of pensions disputes.  One of the causes of pensions litigation that I identified was mistakes in scheme documentation: the parties intended the document to say X but it actually says Y.  I suggested a few practical points for trying to avoid these mistakes arising in the first place.  One of those points focused on the value of giving clear instructions to advisers when instructing them to amend the scheme documentation.  It was a point that seems to have been well received and so I thought it was worth covering it again in brief in this blog.

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Age discrimination – justification on the grounds of cost?

Thursday, 8 December 2011

Clients often question whether the costs that would result from changes made to their pension schemes to comply with age discrimination laws can be taken into account when determining whether the changes need to be made. How much weight can be given to costs to justify age discrimination? We should be finding out the answer to this soon, when the Woodcock case is decided.  Recently the Chancellor revealed his plans to extend the country’s austerity programme and it is arguable that cost savings have rarely featured quite so prominently on the political agenda. (more…)