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.
Archive for the ‘Disputes’ Category
Avoiding pensions litigation: written instructions to advisers
Tuesday, 20 December 2011Pension estoppel claims – do they work?
Tuesday, 30 August 2011Perceived wisdom dictates that so-called “estoppel” claims don’t work in a pensions context. Recent cases – both High Court and Pensions Ombudsman – do at least suggest though that, as is often the case, it is worth challenging perceived wisdom now and then. (more…)
Equalisation of guaranteed minimum pensions: a blessing or a curse?
Wednesday, 24 August 2011GMP equalisation has long been the ‘elephant in the room’. Whether guaranteed minimum pensions should be equal for men and women, when the State pension they replace is not, is an issue that has, for one reason or another, remained unresolved in the 20 years since the Barber decision. That, however, looks set to change. Following Angela Eagle’s announcement in January of last year, the DWP is expecting, probably this autumn, to publish new draft legislation on the issue of GMP equalisation.
Member complaints. Reading between the lines in the Grievson case
Monday, 11 July 2011The recent High Court decision in Grievson raises some interesting questions about the extent to which the Pensions Ombudsman (and possibly, by extension, trustees) should ‘fill in the blanks’ when a member’s complaint is not as well articulated (in terms of legal arguments) as it might be. It also highlights the importance of ensuring that every aspect of an IDRP or Ombudsman complaint is addressed.
Pension surrender and the IMG appeal: Can a member surrender his pension?
Friday, 25 June 2010Mervyn posted on the clash of public policies exposed by the IMG case back in February. Last week the appeal was heard in the Court of Appeal. Since the High Court’s decision last year, I have had a number of queries from clients who are concerned about the seemingly broad interpretation given in the High Court decision to section 91 of the Pensions Act 1995, which prevents members from giving up their pension entitlements.
